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November 10, 1RS5
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<br />suit the surveyor testified that parcels 3 and 4 should be sold with parcel 5, the tract our-
<br />ch~sed by the said J. Co Taylor as aforesaid, ~nd is now of the opinion that parcels 3
<br />4 were a part of the said Timothy White t~act purchased by the City of Portsmouth and trans-
<br />ferred to the said J. Go Taylor with exception of the said ~0 acres reserved for a Pest House
<br />which reservation was recited in the said deed; that P. A. Agalasto and G. Hatton, Special
<br />Commissioners. _ ~nder. ~ the decree, in the said~ suit did conve, y unto E. L~ M~y~rd parce, ls
<br />and.5, by deed Gated June 29, 1900, duly of record in the Clerk's Office as aforesaid, in Deed
<br />Boo~ 239, p~e 13, the said tract c~ntaining 183~45 acres morse or less aa recited in the same
<br />deed~ 'that H. L. Maynard did by deea dated July c5, 1900, duly of record in the said Clerk's
<br />Offlc~, Deed Book 239, pegs 5, convey a two-third,interest in the said 183.45 acres to T. J.
<br />Wool and A. J. Phillips; ~h~t E. L. M~yz~rd, T. J. Wool, and A. J. Phillips did convey to the
<br />PortsmOUth Investmen~ Realty~'~orporation the said 183.z~3 acres of land by deed dated September
<br />9th;'lgOS, duly of record in the said Clerk's Office in Deed Book 262, page 91; that the
<br />Portsmouth Investment Realty Corporation did convey the said 1~3.45 acres of lan& to you~
<br />petitioner, L. H. Pearson, by deed dated june ll, 1903, duly of record in Deed Book 270, page
<br />91, in whom the apparent title has since remained.
<br />
<br /> Now, therefore, inasmuch as it appeared by t~e survey of the said Tho~s M. Hodges that
<br />more acres were in the said tract than recited in the deed conveying the said land to the
<br />City of Portsmouth, it is also suggested that th~ said surveyor made error in not including
<br />thesaid 43.~5 acres in his survey. This suggestion is made and based upon th~ said surveyor's
<br />report to the City Council under date of November 29, 18y9, as recorded in the minutes at
<br />page 139, in which report the said Thomas E. Hodges made reference to tho difficulty Of making
<br />the said survey, and
<br />
<br /> In view of the fact that it was the Oity 0ounoil~s intention to purchase the entire
<br />Timothy White tract, and to convey all of the said tract with exception of the said 40 acres
<br />reserved for a Pest House, to the said J. 0. Taylor, the finding of the aforementioned 43.~
<br />acres of land by th~ said V.O. Oaesell, Jr., in his.survey, raises a prima facts presttmp~io~
<br />that the said land ~n question was a pa~t of the sa~d Timothy White traet and should hav~
<br />been conveyed to the said J. O. Taylo~ by the Gity of Portsmouth. However, the Oity of Ports-
<br />mouth did not, nor did any person, have record title to the said property prior to ~uue 29,
<br />1900, at which time the land w~s conveyed to H. L. Maynard as aforesaid.
<br />
<br /> Inasmuch as you~ petitioner has held th~ said land and paid taxes thereon for a period
<br />of twenty-two yea~s, it would seem j~st and mae.t, and he so prays that the Oity Council adopt
<br />and pass a resolution whereby the Oity of Port~amouth shall grant unto your petitioner a cor-
<br />rection or quit claim deed to the said 43.45 ~ores of land thus clearing the title to same of
<br />the apparent cloud existing thereon by virtue of the foregoing facts.
<br />
<br />Respectfully submitted,
<br />
<br />Dated at Norfolk, Virginia,
<br />Novembez 7th, 1~25."
<br />
<br />L. H..PEARSON, petitioner,
<br />attorney, Benjamin Millerl
<br />
<br />by his
<br />
<br /> On ~otion of Mr. Brooks, the recommendation ~f the Manager that the petition be referred
<br />to the Finance Committee and City Attorney was concurred in.
<br />
<br /> 8th. "I am enclosing herewith a letter from ~s. ~ Adelia Brooks, asking for a refund
<br />in oom~eotio~ with certain property owned by her on Water, South, Middle and Queen Sis.
<br />
<br />report."
<br />
<br />It is recommended that this be referred to the City Attorney for investigation and
<br />
<br /> On motion of Mr. Brooks, the recommendation of the Manager that this matter be referred
<br />to the Oity Attorney for investigation and report, was concurred in.
<br />
<br /> 9th. "During the months of Au~ust and September, there was received by the Oollector
<br />for~Street Opening fee, the sum of ~439.?1. It is requested that in accordance with existing
<br />l~w this amount be
<br /> re-appropriated as follows: 5vB. A2. Labor, Repairs to Sidewalks, $2~0.00;
<br />5-0, 0-~, Material, Repairs to Improved Streets, $199.3i. Total $~79.31."
<br />
<br />On motion, the request was referred to Finance CommAttee.
<br />
<br />UN~ ~NISHED BUSINESS
<br />
<br /> The regular reports of the Oity Treasurer, Oity Oolleo%or, and City Auditor for the month
<br />of October~ 1925, were received and were referred to the ~inance Committee.
<br />
<br />The follow$~g communication was read from ~he Oity Attorney:
<br />
<br />Hon. Oity Oouncil,
<br />Portsmouth, Va.
<br />
<br />"November lOth, 1925.
<br />
<br />Gentlemen:-
<br /> Sometime ag$ Mr. Wm. G. Maupin presented to the 0ity a claim of Achran Griffin
<br />and others for damages to their half interest in the crops on the farm of J. M. Johnson near
<br />Deep Creek oocassioned by an o~erflow of water said to have been caused by the ditch cut
<br />through Dismal ~wamp by the Board of Water Oommissioners.
<br />
<br /> Mr. Johnson has already recovered a verdict of T~ree Thousand Dollars for damages
<br />to his interest in the crops and damages to his land.
<br />
<br /> At the instance of the Finance Oommittee I took~this matter up with Mr. Maupin
<br />and he now offers to settle the four claims for Eight Hundred Dollars.
<br />
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