Caveat Books, 1748-1784: Book 4

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, 1st April, 1767

Benjamin Lightfoot (by his frend Samuel Richard) enters a Caveat against the granting a Patent to Geo. Hayne & Christian France for a Tract of Land in Heidleberg Township, in the County of Berks until he have a hearing in the Said Office, Alledging he hath a warrant for the Same prior to any the said Hayne & France claim under.

David Kennedy for
James Tilghman, Sec'ry.

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

Caveat Book 4, p. 391.


Land Office, 7 Aprill, 1767, about 3 O'Clock

Philip Longacre, Jacob Longacre & John Longacre on behalf of themselves and their Sisters Children of Casper Longacre, dece'd, enters a Caveat against granting a Patent to Samuel Leafer for a Tract of Land in Hereford Township, Berks County, surveyed by Warrant to the said Casper, Alledging that the Land is Charged with payment of cartain Monies for which they think themselves not sufficiently secured, And the last Monday in May next is appointed for hearing the parties on this Caveat.

David Kennedy for
James Tilghman, Sec'ry.

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

[This Caveat is withdrawn. See the dismiss on Judgm't file.]

Caveat Book 4, p. 402.


Land Office, May 14th, 1767

John Wenrich enters a Caveat against the Accep't of a Survey made for John or Joseph Guber on a piece of Land in Cumru Township, Berks County, the said Wenrich alledging that the said Survey includes Land which was formerly Surveyed to John Scull by Warrant of the 4th May, 1757, which Land was conveyed to this Caveator. The last Monday in June next is appointed to hear the matter in Variance on this Caveat. The parties concerned having first due notice.

David Kennedy for
James Tilghman, Sec'ry.

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

Caveat Book 4, p. 404.


Land Office, 16th September [1767]

John Oyster enters a caveat against the Acceptance of a Survey for or granting a Patent to Richard Tea & Ann his Wife, Widow of Wm. Maybury, dec'd, for a Tract of Land Containing 415 As. in or near Oley in the County of Berks by Virtue of a Warrant granted Said Maybury 7 February, 1752, Alledging he hath a prior Warrant for the Same Land and the last Monday in December next is appointed for hearing the Parties on this Caveat they having due Notice thereof in the Mean Time.

David Kennedy for
James Tilghman, Sec'ry.

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

Caveat Book 4, p. 412.


Land Office, 14th Octo'r. 1767

Philip Beyer enters a Caveat against the acceptance of a Survey or granting a patent to Nicho'l Philips on his Application No. 2723 for 150 As. of Land in Bern Township, Berks County, Alledging that he hath an equitable Right to the Same.

David Kennedy for
James Tilghman, Sec'ry.

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

Caveat Book 4, p. 413.


Land Office, 28th October 1767

Lodowick Derr enters a Caveat against the acceptance of a Survey on John Reeds and Benjamin Weisers Applications No. 1034 & 1035 each for 300 in Berks County or granting a patent on the same to Frederick Weiser or any other person as he has a prior Applcation for a part thereof. And the last Monday in January next is appointed for hearing on this Caveat.

David Kennedy for
James Tilghman, Sec'ry.

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

Caveat Book 4, p. 414.


Land Office, 22d February, 1768.

Frederick Schlencker enters a Caveat against the Acceptance of a Survey for George Garlack als. Gerlinger on his application No. 3078 for a Tract of Land in Greenwich Town'p, Berks County, The said Schlencker Alledging that he claims this Land under an Improvement Right. The Last Monday in March Next is Appointed to hear the Matter in Variance on this Caveat the Parties Concerned having due Notice.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Sur'yr. Gen'l.

Caveat Book 4, p. 423.


Land Office, 31st March 1768

Joseph Fox, Esq'r and others Guardians of the Children of Wm. Maybury, decd., enters a Caveat against the Acceptance of a Survey for Daniel Oyster on his application No. 3051 for a Tract of Land in Easton District Town'p., Berks County untill they can have a hearing, Alledging the S'd Land hath been granted by Warrant and Survey many years ago to Thomas Maybury, Father of the S'd Wm. and now the right is Vested in his Children. And the last Monday in May next is appointed for a hering thereof Oyster having 30 days Notice thereof at least.

David Kennedy for
James Tilghman, Sy.

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

Caveat Book 4, p. 426.


Land Office, April 12th, 1768

John Read of Skipack enters a Caveat against the Acceptance of a Survey of a Tract of Land in Cumru Town'p., Berks county, for Christian Kenig, George Reem or Daniel Wilt by Virtue of a Warrant granted to Adam Kinser, Alledging that he & his Father bought the Same Land of Even Jones and the same was taken in Execution by the Sheriff for a Debt of his Father and Sold whereas but one Moiety was the Property of his Father.

David Kennedy for
James Tilghman, Sy.

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

Caveat Book 4, p. 429.


Land office, 21st April 1768

John Lesher enters a Caveat against the Acceptance of a Survey for Wm. Davis or granting a patent to him or any other Person for a Tract of Land in Oley Town'p, Berks county, Alledging he hath a Right to the Same by a Prior Survey, &c.

David Kennedy for
James Tilghman, Sy.

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

[Judgment in favor of Jno. Lesher. See judgment on file dated the 27th June 1769.]

Caveat Book 4, p. 429.


Land Office, April 22, 1768

Ulrick Bagestoss enters a Caveat against the Acceptance of a Survey made for Henry Bossert and Nicholcas Miller or the one of them on a Tract of 153 as. of Land in Bern Townn'p, Berks Co'ty, on his said Bosserts Warrant of the 26th the 7th month, 1745, The said Bagestoss Alledging that the said Henry Bossert by deed dated the 12th June, 1765, did Convey unto him in Fee 66 as. Part of the said 153 as. The last Monday in June next is appointed to hear the matter in Variance on this Caveat.

David Kennedy for
James Tilghman, Sy.

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

Caveat Book 4, pp. 429-430.


Land Office, 25th April, 1768

Margaret Longing enters a Caveat against the Accept'e of a Survey made for Conrad Rep on a Tract of Land in Rockland township, Berks county, She alledging that She hath a prior right of the Same. The last Monday in June next is appointed to hear this Caveat Rep having at least 20 days Notice.

David Kennedy for
James Tilghman, Sy.

To John Lukens, S.G.

Caveat Book 4, p. 430.


Land Office, 3d May 1768

Christian Henrich enters a Caveat against the Acceptance of a Survey made or to be made for Henry Birk on his Application No. 2830 for Land in Albany Town'p, Berks County, adjoining said Henry John, Rinehart Maurer and said Birk, Alledging he hath a Right to the same by an agreeement made between them and an Application thereon. And the last Monday in June next is Appointed for hearing and the parties Birk at least 20 days notice.

David Kennedy for
James Tilghman, Sy.

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

[See Judg't on the file of the 28th June, 1768.]

Caveat Book 4, pp. 431-432.


Land Office, 6th June 1768

Margaret Crone enters a Caveat against the granting a patent to George Waggoner her son in law under a Warrant to John Jordon alias Yorke for a Tract of Land in Alsace Town'p, Berks county, Alledging that the right of the s'd Tract of Land is vested in her.

David Kennedy for
James Tilghman, Sy.

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

Caveat Book 4, p. 436.


Land Office, 10th June 1768

Jacob Bliler enters a Caveat against granting a Patent to Charles Hunter or any Claiming under him for a Tract of 45 as. of Land in Alsace Town'p, Berks County, Alledging the right to the said tract of Land by divers Transfers and Mutation of Possession from and under the said Hunter Vested in him.

David Kennedy for
James Tilghman, Sy.

To Jno. Lukens, S.G.

[Jacob Bliler having purchased of Hunter this Caveat is Void, 1772, Sep'r 30th.]

Caveat Book 4, p. 436.


Land Office, 20th June 1768

John Boyer enters a Caveat against the acceptance of a Survey made for John Patton, Esquire, on a Tract of Land in Heidlebergh Town'p, Berks County and against the granting a Patent for the same alledging that he Claims that land by Warr't of the 7 April, 1753, granted to Henry Bossert. The last Monday in September next is appointed to hear the matter in variance on this Caveat the said John Patton having at least 20 days Notice.

David Kennedy for
James Tilghman, Sy.

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

Caveat Book 4, p. 437.


Land Office, June 25th, 1768.

Jacob Lore enters a Caveat agt. the Accept'e of a Survey made for Daniel Hill on a Piece of Land in Windsor Town'p, Berks county, alledging that he has a Prior Warrant for the same land, the last Monday in August is appointed to hear the matter on this Caveat.

David Kennedy for
James Tilghman, Sy.

To John Lukens, S.G.

[Judgment dated teh 28 May, 1770.]

Caveat Book 4, pp. 437-438.


Land Office, August 20th, 1768.

Henry Spoon enters a Caveat against any Survey or Surveys made or to be made for John Patton, Esq'r., on a piece of Land in Cumru Town'p, Berks County adjoining said Henry Spoons Plantation the said Spoon Alledging that the said John Patton's warrant by which he claims the land in Question is not located on the same land that he has an Application for it. The last Monday in October next is appointed to hear the Matter in Variance on this Caveat the said John Patton haveing due Notice.

David Kennedy for
James Tilghman, Sy.

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

Caveat Book 4, p. 439.


Land Office, October the 10th, 1768

Peter Ruffner enters a Caveat against a Survey made for George Buckard on a piece of Land in Cumru Town'p, Berks County, Alledging that it interferes with Land for which he hath a prior Warrant. The last Monday in December next is appointed to hear the Matter in Variance on this Caveat they having at least 30 days Notice in the mean Time.

David Kennedy for
James Tilghman, Sy.

To John Lukens, S.G.

[See Judgment on the 6th Sep'r., 1765.]

Caveat Book 4, p. 442.


Land Office, 7th December 1768

Mark Bird enters a Caveat against the Acceptance of a Survey or Surveys or granting a Patents on the Applications of Paul Geiger No. 3183 & 3425 for Land in Robinson To'p., Berks County, Alledging he hath a Right to the same Land by a prior Application.

David Kennedy for
James Tilghman, S'y.

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

[This Caveat is dismissed by Judgm't of the 28th January, 1772 in favour of Paul Geiger.]

Caveat Book 4, p. 446.


Land Office, 23d June 1768

Mark Bird enters a Caveat against granting a patents or Accepting Surveys on the Applicaton of Hugh & Richard Nuzum No. 1687 & 1904 for Land in Robinson Town'p. in the county of Berks Alledging he hath Purchased the Right of Prior Applications for the same Land.

David Kennedy for
James Tilghman, S'y.

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

Caveat Book 4, p. 447.


Land Office, 21 February 1769

Thomas Maybury enters a Caveat against the Acceptance of a Survey or granting a Patent to Nicholas Harmony by Virtue of a Warrant dated the 26 May, 1755 for a Tract of Land in Maxetawny Town'p in the County of Berks, Alledging he hath a Right to the same Land Virtue of a Prior Warrant to Fred'k Poppenmeyer. And the last Monday in March next is hereby Appointed for a hearing of the parties on this Caveat Hermony having at least 20 days Notice.

David Kennedy for
James Tilghman, S'y.

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

Caveat Book 4, p. 449.


Land Office, 25 February 1769

Jacob Schaeffer enters a Caveat against the Acceptance of any Survey or granting a Patent to Michael Crauss for a Tract of Land over the Blue Mountain in the County of Berks by Virtue of an Apple'n of Ulrich Wagoner Alledging he hath a prior Warrant for the same.

David Kennedy for
James Tilghman, S'y.

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

Caveat Book 4, p. 449.


Land Office, 24th July 1769

William Patterson and Joseph Galloway in Behalf of Kinsey Johns enter a Caveat against the Exception of a Return of Survey made for Jesse Lukens & Company in Pursuance of an order of Survey granted to Walter Shay adjoining and below Land Surveyed for John Alexander opposite the lower end of the long Island on the south side of the West Branch of Susquehanna River in Neponose Bottom Supposed to lye in Berks County.

David Kennedy for
James Tilghman, Sec'y.

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

[This Caveat was Discharged by Wm. Patterson the 2d Dec'r. 1769. See Judgm't file of this date for the said Discharge.]

Caveat Book 4, pp. 465-466.



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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