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.
March 24th, 1760
George Remile enters a Caveat against the Acceptance of a Survey made to Henry Geiger on a Tract of Land situate in Heidleburg Township, Berks County by Warrant of the 22d September, 1757, the said George Remile having an older Warrant in right of Ambrose Ramile for s'd Land.
Richard Peters.
To Nicholas Scull, Surveyor General
Judgment given in favour of Remile June 2nd, 1761.
Caveat Book 2, p. 238.
Land Office, 26th January 1761
Jacob Walter, Assignee of Jacob Pecke enters a Caveat against the Acceptance of a Survey of a Tract of Land situate in Bern Township, in the County of Berks, containing Twenty four Acres and ninety four perches lately made for Samuel Phibbert, by Virtue of a Warrant dated the 24th of April, 1754, the said Survey interfering with Land granted by Warr't of ye 4th April, 1754, to the said Jacob Pecke. And I appoint ye 23d of February next to hear this Caveat, each Party having due Notice in the mean Time.
Wm. Peters, Sec'ry.
To Nicholas Scull, Surveyor General
Caveat Book 2, p. 244.
June 16th, 1761
Michael Keal enters a Caveat against the Acceptance of a Survey made for Peter Reidenback adjoining the Land of Albright Straus and Andrew Graff, in Tulpehoccon Township, Berks County, in pursuance of a Warrant dated the 9th July, 1753, said Michael Keal having as he says a Prior Right to said Land.
By Order of the Secretary,
R. Tea
To Nicholas Scull, Surveyor General
Caveat Book 2, p. 252.
Land Office, January 14th, 1763
John Koble enters a Caveat against the Acceptance of a Survey made for Jacob Selser on a Piece of 100 a's (or upwards) of Land in Hidelburg Township, Berks County adjoining Adam Bonewits, Frederick Weiser and John Boyer the said survey being made upon a Warrant granted for Land 14 miles from this Tract & on the Other side of the Kittany as the said John Koble alledges that he has a Location order for it in his Warrant of the 4 January, 1759.
Wm. Peters, Secr'y.
To John Lukens, Surveyor General
Caveat Book 2, p. 270.
Land Office, October 27th, 1763
Margaret Knol, one of the Daughters of John Knol, who lately died intestate seized of a certain 150 acre Tract of Land Situate in Tulpehocken Township, in the county of Berks, formerly Lancaster County, as well on behalf of herself as on behalf of the Minor Children of her Sister Catherine, enters a Caveat against the acceptance of a Survey for John Reigel or any other persons on the s'd Tract of Land. She alledging that the s'd Land was granted to her Father the s'd John Knol, deced., by Warrant of the 14th October, 1736, under which Warr't she Claims her proportionable part of the s'd Land.
Wm. Peters, Sec'ry.
To John Lukens, Surveyor General
Caveat Book 2, p. 281.
Land Office, November ye 1st, 1763
John Bricker enters a Caveat against the acceptance of a survey made to Sebastian Zimmerman by Virtue of a Warrant dated the --- Day of December, 1749, on 57 as. 47 ps. of Land in Albany Township, Berks County, the s'd Bricker alledging that he holds ye Said Land in common Te're with Jacob Lands, that they both bought of the s'd Zimmerman paid the Consideration Money & that the s'd Zimmerman now refuses to convey the Premises to them aggreable to their Agreement.
Wm. Peters, Sec'ry.
To John Lukens, Surveyor General
Caveat Book 2, p. 281.
February 20th 1764
Barbara Messersmith enters a Caveat agt. the Returning of a Survey into the Secretaries Office of a Tract of Land made for Jacob Wyler for abt. 49 As. of Land adjoining Elizabeth Esterly, Peter Hewit, George Hinton & George Gerick in Exeter Town'p. Berks County, the s'd Messersmith alledging a Prior Survey made on s'd Land.
By Order of the Secretary,
Richard Tea
To John Lukens, Surveyor Gen'l.
Caveat Book 2, p. 284.
February 20th 1764
Barbara Messersmith enters a Caveat agt. the acceptance of a survey made for Robert Hinton on a Tract of Land situate in Exeter Township, in the County of Berks, adjg. David Herman and George Gerrick the s'd Messersmith alledging a Prior right to s'd Land.
By Order of the Secretary,
Richard Tea
To John Lukens, Surveyor Gen'l.
[Judgment in favour of Rob't Hinton dated the 25th of April, 1768.]
Caveat Book 2, p. 284.
Land Office, April 17th, 1764
Richard Lewis enters a Caveat agt. the acceptance of a Survey or agt. the granting of a Patent to Henry or James Thompson on a tract of land in Cumru Township in Berks County, the said Lewis alledging that ye same Tract was Patented near 30 Years ago to Jonathan Robeson since Conveyed to him the said Lewis.
Wm. Peters, Sec'ry.
To John Lukens, Surveyor General
Caveat Book 2, p. 288.
Land Office, 9th August, 1764
Christian Haan enters a caveat against any Survey being made or accepted upon a Warr't dated the 16th October, 1754, Grandee Ehrhard Bumgartel, Jno. Geo. Ehrhard & Ludwig Engel for 100 as. in Heidleberg Township, Berks County, adjoining Land of the said Christian Haan & Others, He the said Christian Haan Claiming a Right thereto under a Prior Warrant or Warrants.
Wm. Peters, Sec'ry.
To John Lukens, Esq., Surveyor General
Caveat Book 2, p. 291.
Land Office, 25 Aug't., 1764
George Hinton Enters a Caveat against the acceptance of a Survey made for Evan Rees on a tract of Land situate in Exeter Township, Berks County, adjoining the Lands of Peter Faust, George Kerigh, Peter Howel, Jacob White & the said George Hintons Land the s'd Hinton alledging a Prior Claim to said Land.
By Order of the Secretary,
Richard Tea
To John Lukens, Surveyor Gen'l.
Caveat Book 2, p. 292.
Land Office, January 1765 [This item is between one dated 11 January 1765 and another dated 16 January 1765 (presented here, immediately following this item).]
Martin Kirshner enters a caveat against acceptance & return of a survey into my office, made for Frederick Gertrard on a piece of Land in Bern Township, Berks County, in Pursuance of a Warrant of the 4th September 1751, the said Martin alledging that the Land for which the said Warrant was granted is at a considerable Distance from the Land Surveyed & that the said Martin hath a regular Warrant for the same Land so Surveyed.
The 5th Day of March next is appointed to hear the matter in Variance on this Caveat of which the parties concerned are to have notice accordingly.
Wm. Peters, Sec'ry.
To John Lukens, Esq'r, Surveyor Gen'l.
Caveat Book 2, p. 298.
Land Office, 16 January 1765
Martin Kirshner, Conrad Kirshner & John Heck & Each & Every of them enter Caveats against any Survey or Surveys made or to be made for David Bright in pursuance of 3 Several Warrants lately granted to the said David, all of them dated the eleventh Day of this instant Janu'y, the one of them for 20 Acres of Land in Bern Township, Berks County, on the south side of his other Land bounding thereon & Land of Jacob Conrad, Jost Heck, Martin Kershner & a Small piece of Land willed by Stephen Bright to the said David. Another of them for 20 Acres in the Township & County aforesaid, on the North side of his patented Land adjoining thereto & Land of Christopher Munick, and the last of them for 10 Acres in the said Township & County adjoining on the East side of his patented Land & Land of Jno. Med & Joseph Heck, They the said Martin Conrad & Jno. Alledging that all the said Surveys & Lands granted by the said 3 Several Warrants interfere with some of their Lands which the severally & respectively claim by prior Warrants, & I do hereby appoint the 5th day of March next for hearing the Matters in variance on the above Caveats all the parties concerned having due Notice.
Wm. Peters, Sec'ry.
To John Lukens, Esq'r., Surveyor Gen'l.
Caveat Book 2, pp. 298-299.
Land Office, March 11th, 1765
Jacob Fudge enters a Caveat against the Acceptance of a Survey in the Surveyor Generals Office on a Piece of Land in Longswamp in Berks County by Virtue of a Warrant granted to John Witt dated the ---. The said Jacob Fudge alledging that the said Warrant hath been transfered to Nicholas Fink, who sold the same to Nicho. Helm who sold to the said Jacob Fudge one Acre & also ten Acres part of the Land Surveyed under the said Jno. Witts Warrant and afterwards the s'd Nicho. Helm sold the remainder of the s'd Land to Daniel Dozer who sold it to Peter Gable who proposes to have the whole returned & patented to himself and so cut out the s'd Jacob Fudge of his rights.
Wm. Peters, Sec'ry.
To John Lukens, Esq., S. G'l.
Caveat Book 2, p. 301.
Land Office, 17th May 1765
Jacob Morgan enters a Caveat against the Acceptance of a Survey made or to be made for Jonas Seely, Cap'n Kern, Jacob Stutsman or any other person by Virtue of a Location Order Dated the 25 January, 176--, to Jacob Stutzman for 50 Acres of Land adjoining Land of Geo. Mock on the South in Berks County. The said Jacob Morgan alledging it the said Survey will interfere with his Land which he claim under a Warrant to Francis Yarnall of the 4th March, 1750 for 50 Acres.
Wm. Peters, Sec'ry.
To John Lukens, S.G.
Caveat Book 2, p. 304.
Land Office, 12th June 1765
Isaac Levan, Wm. Reeser & Jacob Weaver the Guardians of the Children of Valentine Messersmith late of the County of Berks dece'd and on their behalf enter a Caveat against the Acceptance of a Survey made for the P'r on Warrant of 5th June Ins't. in order to agree with Andrew Dorst & Barbara his Wife for 200 As. of Land joining Wm. Hinton & O'rs, The said Guardians alledging that the Claim of Improvement to the said Land belongs to the said Valentine Messersmiths Children in right of him untill they have a hearing.
Wm. Peters, Sec'ry.
To John Lukens, Surveyor Generol
Caveat Book 2, p. 306.
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.
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