Caveat Books, 1748-1784: Book 5

In law, a caveat is a formal notice filed with a court or officer to suspend a proceeding until the filer is given a hearing.


Land Office, 9th Octob'r 1771

Nicholas Harmony enters a Caveat against the Acceptance of a Survey for or granting a Patent to Thomas Maybury for a Tract of abount 22 As. in Maxatawny Township, Berks county, by virtue of Application No. 3854, Alledging that the s'd Survey includes a part of his Meadow that it was surveyed for him many years ago and that he hath an Application for the same Land. And the last Monday in Nov'r next is appointed for a hearing of the parties on this Caveat they having at least thirty days Notice.

David Kennedy for
James Tilghman, Sec'y.

To John Lukens, Esq'r., S.G.

Caveat Book 5, pp. 475-476


Land Office, 8th November 1771

Elias Reger or Reigar enters a Caveat against the Acceptance of a Survey of a Tract of Land on Buffaloe Creek in the County of Berks for John Lowdon by virtue of his Application No. 2510, Alledging that he hath a prior Application for the same Land Vizt: No. 218.

David Kennedy for
James Tilghman, Sec'y.

To John Lukens, Esq'r., S.G.

[Land Office, 8th Dr., 1771, And the last Monday in December. March next is appointed for a hearing of the parties on the above Caveat thirty Days Notice begin given.]

[17 January 1799 the parties nt. app'g on the same Citation the first Monday in April next is therefore app'd to hear the parties on the above Caveat 30 days notice being given.]

[E. Reger by Deed dated 9 February 1799, convey'd his right in the said tract to Sebastain Witmer who claims under J. Lowdon.]

[Settled.]

Caveat Book 5, p. 478


Land Office, 24th December 1771

George Gerlack enters a Caveat against the Acceptance of a Survey of a Tract of Land of about 70 Acres in Greenwich Township, Berks County, surveyed by Warrant to Henry Faust of the 11th December instant, Alledging that he hath a prior Warrant for the same Land. And the last Monday in January next is appointed for a hearing of the parties on this Caveat thirty Days Notice being given.

David Kennedy for
James Tilghman, Sec'y.

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 482


Land Office, 7th Feb'ry 1772

George Leonard Sheely enters a Caveat against the Acceptance of a Survey made or to be made for Charles Neidorff on a Warrant granted him the 22d Octob'r last past for a Tract of about 50 Acres of Land adjoining Michael Probst & O'rs over the Blue mountains in Berks County about a Mile or better from s'd Neidorff's saw mill, Alledging that it includes his Improv't made 17 Years ago that the Indians had drove him off And that the Warr't is located 5 Miles from the saw-mill whereas the Land surveyed is but about a Mile from it. The last Monday in May next is appointed to hear the matter in Variance on this Caveat the s'd Sheely serving the s'd Neidorff with a Copy of this Caveat at least 30 Days before the Day hereby appointed for a hearing.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, pp. 485-486


Land Office, Feb'ry 1772 [This item appears between one dated 16 February 1772 and another dated 24 February 1772.]

Daniel Elliott enters a Caveat against the Acceptance of a Survey made for Isaiah Althouse in Pursuance of an order of Survey Dated at Philadelphia the Twenty-eight Day of August 1769 and Numbered 3785 as his Order is prior to Althouses order Number 124 and Dated the third Day of April 1769 and for the same Land which Land is surveyed to Althouse, The Land situate in Buffaloe Valley in Berks County.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

[The last Monday in Octob'r next is appointed for a hearing on the above Caveat 30 Days Notice being given.]

Caveat Book 5, p. 487


Land Office, April 22d, 1772

Casper Meyer enters a Caveat against the Acceptance of a Survey made for Jacob Herd & Mich'l. Hoffman on a piece of land in Colebrook Town'p, Berks Co'ty alledging that it takes away an Imp't on which he lived upwards of twenty Years. The last Monday in June next is appointed to hear the Differance on this Caveat Meyer serving Herd & Hoffman with a Copy of this Caveat at least thirty days before the day hereby appointed for hearing.

J. Shallus for
James Tilghman, S'y.

To Jno. Lukens, Esq'r., S.G.

[The last Monday in March 1773 is appointed for a hearing on the above Caveat.]

[Caveat E. Davison v. Jno. Scott omitted here d'd 28th Ap'l 1772.]

Caveat Book 5, p. 494


Land Office, 15th May 1772

Peter Smith enters a Caveat against the Acceptance of a Survey made for Jesse Lukens on a Tract of Land on the Red Bank Creek adjoining Lodowick Derr and Sasquehana River late Berks now Northumberland County Alledging that he hath a prior Right for the same.

By order of the Secretary,
J. Shallus

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 495


Land Office, June 19th, 1772

Ulrick Michael enters a Caveat ag't the Accept'ce of a Survey made or to be made on a Piece of land for which John Eckhart on or about 19th May last obtained a Warr't for 50 Acres in Heidleberg Tow'p, Berks co. The said Ulrich Michael alledging that he claims the said Land or part thereof by a Prior Warr't. The last Monday in September next is appointed for a hearing Ulrich Michael serving the s'd John Eckert with a Copy of this Caveat at least 30 days before the day of hearing.

By order of the Secretary,
J. Shallus

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 500


Land Office, 24th November 1772

William Dairs enters a Caveat against the acceptance of a Survey of a Tract of Land situate in District Township, Berks County, joining Adam Heater, George Sholl & Others for Henry Diener by virtue of a Warrant granted to said Dieners Father, Henry Diener, Alledging that he hath an Application for the same Land prior to s'd Dieners Warrant.

David Kennedy for
James Tilghman, Sec'y.

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 514


Land Office, Dec'r 16th, 1772

George Zimmerman enters a Caveat against the Acceptance of a Survey made for Adam Barner on his Warrant of the 15th October last past on a piece of Land at the foot of the Second Blue Mountain, Berks County, Alledging that the said Survey includes his Improvem't purchased of his Father and for which he obtained a Warrant on the 12th Nov'r last past. The last Monday in March next is appointed for a hearing And the Caveator is to serve the said Barner with a Copy of this Caveat at least 30 Days before the Day hereby appointed for hearing.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, pp. 519-520


Land Office, 28th April 1773

Philip Hinckel enters a Caveat against granting unto George Miller of Windsor Township, in the County of Berks, Yeoman, a Patent of Confirmation on a Piece of Land situate in Windsor Township aforesaid granted to Reigart Hoffman by Warrant of the 21st Day of October 1753 The said Philip Hinckel Alledging that the said land has been taken in Execution and sold by the Sheriff, that the Caveator George Miller, and Conrad Lora agreed to buy the said Land and George Miller was to take the Deed to him for their joynt Use; that the Sheriff conveyed the same to the sold George Miller in Fee; That after the Conveyance was made by the said Sheriff they divided the land amongst them in three parts and that the said George Miller refuses to Convey the several parts belonging to the s'd Philip Hinckle and Conrad Lora tho' he received the purchase Money. The last Monday in October is appointed to hear the Parties he the said Hinckle serving the s'd Miller with a Copy of this Caveat 30 Days at least before the time of hearing hereby appointed.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, pp. 533-534


Land Office, 13 July 1773

John Clark enters a Caveat against the making or Acceptance of any survey for Doctor Wm. Smith by virtue of appl'n No. 1090 of Christopher Witmer for a Tract of land near Mahatango Creek in Berks County, Alledging that he hath had a Tract of land surveyed there several years where the said Mr. Smith will now have his said Appl'n laid.

David Kennedy for
James Tilghman, Sec'ry.

Caveat Book 5, pp. 539-540


Land Ofice, 19th Nov'r 1773

George Stevens enters a Caveat against the Acceptance of a survey for Joseph Fisher on the Appl'n of Peter or Isaac Paris No. 3294 or 3295 for Land joining Rich'd Stevens over the Blue Mountains in Berks County, Alledging that he hath a Appl'n for the same and a Mill thereon. The last monday in January next is app'd for a hearing on this Caveat the parties having at least thirty Days Notice.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, pp. 552-553


Land Office, 19th Nov'r 1773

Leonard Schnell enters a Caveat against the Acceptance of a Survey of a Tract of Land in Crown Point Township, in the County of Berks, over the Blue Mountains for Caspar Snevely, by virtue of an Appl'n Alledging that he hath a warrant for the same Land dated the 6th August last & an Improvement thereon made before the last War. The last Monday in Jan'y next is appointed for a hearing of the parties on this Caveat thirty Days Notice beign given at least.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 553


Land Office, 27th Apl. 1774

Nicholas Yost enters a Caveat against Casper Pfateigher obtaining a patent for a Tract of Land situate in Cumru T'sp, Berks county, adj'g to Lands of John Hershey, George Burkart, Nich's Yost and Michael Saul, Alledging he hath a prior Right for the same Land.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 567


Land Office, 3d of May 1774

Phlip Straub enters a Caveat against the Acceptane of a sruvey of a Tract of Land in Brunswick Township, Berks Co'ty, surveyed by warr't to Henry Miller lately obtained For that it takes in his Improvm't & L'd for wch. he hath a warr't. The last Monday in June next is app'd for a hearing of the parties on this Caveat they having at least 30 Days Notice.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 568


Land Office, 8th June 1774

Whereas it appears by an Endorsement on the Return of 113 As. of Ld. in Cumru Township, Berks County, surveyed by virtue of a warrant to John Hughes of the 8th of August, 1739, that a certain Margaret Davis entered a Caveat against granting a patent to any Person for the said land untill he could have a hearing, Therefore the last Monday in July next is appointed for hearing said Margarets Objections to granting a Patent to Nathan Evans who now claims the Land 30 Days Notice at least being given.

David Kennedy for
James Tilghman, Sec'ry.

Caveat Book 5, p. 572


Land Office, 12th Aug't 1774

Andrew Leidle enters a Caveat against the Acceptance of a Survey of a Tract of Land in Greenwich township, Berks Co'y, for Anthony Billig, Alledging that the said Survey is made on Land whereon he lives and for which he hath a warrant.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 577


Land Office, 15th October 1774

George Miller and Godfrey Seidle enter a Caveat on behalf of Catherine and Christiana Hill against granting a Patent to Martin Karter in Windsor Township, in the County of Berks, Alledging that there is an Improvement on the Land the property of said Hills.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

[I withdraw this Caveat, 1784, June 8th. George Miller.]

Caveat Book 5, p. 582


Martin Roush and Jacob Shoemaker

Peter Seybolt hath this Day applied for a Tract of about 100 as. of land joining lands of the said Martin Daniel Reigle, Godfrey Seidle and George Alspach in Windsor Township in the County of Berks, on which he Alledges there formerly (perhaps 25 Years ago) was an Improvement made by one Christian Gassner and a survey was also about that time made for him but without any Authority as he apprehends. As he informs that During the minority of the said Gassners Children you let the said place for their use, And that the same place is now Deserted, You are to make your Objections known to the Board of property the last Monday in January next if any you have, Otherwise he the said Seybolt may be probably indulged with a warrant.

David Kennedy By Order of
James Tilghman, Sec'ry.

Land Office, 18th October 1774

Caveat Book 5, p. 582


Land Office, 27th Dec'r. 1774

Philip Straub enters a Caveat against the acceptance of a Survey made last Spring by Henry Vanderslice for Henry Miller on the West side of Schuylkill in Brunswick Township, Berks County Alledging that the said Vanderslice went out of his District to make the said Survey & that it greatly injured the Improvement of him the s'd Philip Straubby taking in almost all the Timber land which should accommodate his place for which he has a Warrant and it to pay Quit Rent & Interest from the time of his Settlement. The last Monday in April next is appointed for a hearing of the Parties on this Caveat they having at least thirty Days Notice.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

[I withdraw the above Caveat, 1775, Apl. 26th.]

Caveat Book 5, p. 588


Land Office, February 15th 1775

Ann Mary Duck, the Wife of Henry Duck, who is non compos mentis, Enters a Caveat against the acceptance of a Survey made about three Years ago for John Meiser, in Brunswick township, Berks County, over the Blue Mountain, Alledging that her said Husband lived upon the said Land before the first Indian War, purchas'd the Improvements or George Shetterly for a Valuable Consideration, and had a Survey made by Thomas Lightfoot, Surveyor, and were driven off by the Indians, soon after which her said Husband was depriv'd of his Senses and continues to wander through the Country like an Ideot, and that he has five children & that the said Survey for John Meiser greatly injures the Improvement by cutting of the Meadow Ground, water and Timber.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, pp. 592-593


Land Office, Feb'ry 23, 1775

John Boyer enters a Caveat against the Acceptance of a Survey lately made for John Ohl on a Piece of Land in District Township, Berks County, alledging that it interferes with Land surveyed to him. The last Monday in October next is appointed for a hearing of the parties on this Caveat, of Which Boyer is to give Ohl at least thirty days Notice.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, pp. 594-595


[No Date, but this item appears between an item dated June 12 1775 and another dated July 24 1774.]

Conrad Reif enters a Caveat against the Acceptance of a Survey lately made for George Wagner on a Tract of Land situate in Oley Township, formerly in Phila'a county, now in Berks County, alledging that he has a prior Survey made on the said Land and returned into your Office. The last Monday in November next is appointed for a hearing of the Parties the said Reiff giving the said Wagner at least thirty Days notice.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S. General

Caveat Book 5, p. 610


Land Office, 28th July 1775

John Wilson enters a Caveat against the accepting a Survey lately made by Henry Vanderslice to Joseph Fisher in New Brunswick Township, Berks County, or if accepted against confirming the Same which Survey some prior Improvements of the said John Wilson are included as he said Wilson alledges, And further that said Fishers Warrant or Application is not located on the Ground.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 611


Land Office, 16th March 1776

Peter Kreitzer enters a Caveat against the Acceptance of a survey or to be made for Adam Christ on his warrant lately granted him on a piece of 30 as. of land in Tulpehoccon Tonwship, Berks county, Alledging that he claims the same by a prior Right.

To John Lukens, Esq'r., S.G.

[See dismiss of the above Caveat in Caveat Book No. 7 Pa. 233.]

[1785, March 3d, 1st Monday in June 30 days Not.]

Caveat Book 5, pp. 617-618


Land Office, 17th April 1776

Thomas Rutter enters a Caveat against the acceptance of a Survey of a Tract of Land in Douglass To'p., Berks County joining the London Companys Land for John Cleaver by virtue of a Warrant to Reeve & Saunder dated the 18th June 1755, in Right of Robert Jones original purchaser of 500 As. Alledging that he hath a Patent for a Tract of Land which includes the s'd survey.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

Caveat Book 5, p. 619


Land Office, 26th April 1776

Jesse Heston enters a Caveat against the acceptance of a survey of a Tract of Land part of a Tract called Weits Tract in Berks County for George Newbern by virtue of a Warrant lately granted him Alledging that the said survey is extended beyond a consentable line settled between the said Newbern & the Caveators Father many Years ago.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r., S.G.

[Settled or P. Wg. on the Return of ye Surv'r Gen'ls Office. D.K.]

Caveat Book 5, pp. 619-620


[Not dated. This item appears between one item dated November 6, 1781 and the another item dated December 3, 1781.]

Martin Kinkinger enters a Caveat against the granting a Patent to Henry Miller for a Tract of Land in Maxitawny Township until he can be heard, alledging that the said patent ought to be granted to them, said Kinkinger.

David Kennedy Sec'ry

[1788, October 23d. The first Monday in January next is app'd for a hearing of the parties on the above Caveat, thirty days notice being given.]

Caveat Book 5, p. 629


Decemb'r 3d, 1781

Thomas Rutter enters a Caveat against the Acceptance of a Survey of a Tract of Land in Colebrookdale Township, Berks County, adjoining his other Land, but since sold to Henry Kebble & Matthias Roads & which John Cleaver has now surveyed by an Appl'n, No. 1929, dated Oct'r 8th, 1766, in the West District Alledging that the said Thomas Rutter hath a patent for a Tract of Land which includes the said survey & that he hath clear'd & improv'd part thereof these 20 years.

David Kennedy Sec'ry.

Caveat Book 5, p. 629


Land Office, May 11th, 1782

Evan Owen enters a Caveat ag't granting a Patent to John Fraufelter by Virtue of a Warrant dated --- day of ---, to Felix Fraufelter, for Land in Maiden Creek Township, Berks said Fraufelter is in him, said Owen, by Virtue of a Warr't to Co'ty, alledging that the Right of part of the Land Survey'd to Patrick Fitzgerald.

D. Kennedy Sec'ry.

Caveat Book 5, p. 633


Land Office, 14th June 1782

Philip Finckle enters a Caveat against the granting a Patent to John Finckle or any Claiming under him for a Tract of land in Tulpehoccon Town'p., Berks Co'ty, Surv'd by Warr't to Mich'l Earhart, dated the 3d May 1750, alledging that the s'd Land belongs to him, said Philip.

D. Kennedy Sec'ry.

Caveat Book 5, p. 633


30th Dec'r 1782

Jacob Datweiler enters a Caveat against granting a Patent to Philip Sholl supposed to Claim under a Warrant to one Groner for a Tract of Land in Lower Milford To'p, Berks County, Alledging that the said Datweiler hath purchased the Right of 45 As., 135 P. of Land patented to Peter Hillegas which is supposed s'd Sholl intends to include in his survey & to obtain a Patent for.

David Kennedy Sec'ry.

To John Lukens, Esqr., S.G.

[23 May, 1791. I do hereby appoint the first Monday in July next for a hearing of the parties on the above Caveat or any others interested or concerned they having at least thirty days notice.]

David Kennedy, S'y. L'd. Off.

Caveat Book 5, pp. 637-638


29th March 1783

Christian Kaufman enters a Caveat against the granting a Patent to Nicholas Garrison or one Stutzman for Land in Pine Creek in the County of Berks, they claiming under a survey said to be made by William Parsons Alledging that he hath a Warrant for the same Land.

David Kennedy S'y. L'd Off.

To John Lukens, Esqr., S.G.

[I withdraw the above Caveat.]

Caveat Book 5, p. 640


14th Ap'l. 1783

Mr. Lesher: Peter Keyser hath applied for a Patent for a Tract of Land in Long Swamp To'p, Berks County, surv'd on Wt. to one Teiss And to which he suspects you pretend some Right therefore if you have any Objection to his obtaining a patent you are to make it known to the Board of Property the first Monday in May next.

David Kennedy S'y. L'd. Off.

Caveat Book 5, pp. 640-641


July 23d, 1783

Christian Albright enters a Caveat against the acceptance of a Survey said to be made by Benj'n Lightfoot for Ch'n Berrier and is now claimed by Wyerly Moser on about 38 As. in Bern Township, in the County of Berks late Lancaster, The said C. Albright alledging that he has a prior Warrant which he thinks takes in the whole of the s'd survey. The first Monday in November next is appointed to hear the parties on this Caveat of which the s'd Albright is to give the s'd Wyerly Moser at least thirty Days Notice.

David Kennedy S'y. L'd. Off.

To John Lukens, Esqr., S.G.

Caveat Book 5, p. 643


October 27th, 1783

Peter Moyer & Samuel How enter a Caveat against the granting a Patent to William Williams for a Tract of Land in Robeson Township, Berks county, by virtue of a Warrant dated the 7th April 1753, to John Price, Alledging that they claim the same Land by Patent to John Goff.

David Kennedy S'y. L'd. Off.

To John Lukens, Esqr., S.G.

[30th October 1783, 1st Monday in Jan'y is app'd for the h'g 30 days Notice.]

[F'y 15, 1786, Sam'l How desires no Pat't may issue to W'ms till he is heard on an Agreement as he alledges W'ms has no right. D.K.]

[The 1st Monday in April 1786 is app'd for a hear'g on the above Caveat.]

Caveat Book 5, p. 645


John Zane enter's a Caveat against the acceptance of any Survey that may be made in the Name of Aron Boen, George Raver or --- Hofman or either of them on Land situate on the head of Big Schuylkill in Brunswick Township, Berks County, being for two Tracts of Land of either 300 or 400 Acres each said Zane, Alledging he has prior Rights thereunto October 2d, 1784.

David Kennedy S'y. L'd. Off.

To John Lukens, Esqr., S.G.

[Withdrawn by Jno. Zane, 23d Nov., 1785.]

Caveat Book 5, p. 655


9th December 1784

Stephen Leininger enters a Caveat against granting a Patent to Isaac Kaufman for a tract of land adjoining to said Kaufman's old Warranted Land & others in Bern Township, in the County of Berks, which was granted him by a late Warrant, Alledging that he, said Leininger, has a Prior Warrant for the same.

David Kennedy S'y. L'd. Off'e.

To Jno. Lukens, Esq'r., S.G.

Caveat Book 5, p. 657


18th December 1784

Richard Lewis enters a Caveat against granting a patent to Elias Redke by virtue of a Warrant dated 14th October last for a Tract of Land in Robison Township, Berks County, Alledging that he hath a Warrant for the same Land dated 6th October.

David Kennedy S'y. L'd. Off'e.

To Jno. Lukens, Esq'r., S.G.

Caveat Book 5, p. 657


Source: Pennsylvania Archives, Series 3, Volume 2. "Minutes of the Board of Property and Other References to Lands in Pennsylvania. Including Proprietary (Old) Rights," Harrisburg: Clarence M. Busch, State Printer of Pennsylvania, 1894.

Submitted by: Nancy.


Last Modified Sunday, 11-Jan-2009 12:13:53 EST

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