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Memorandum of Case

On the 1st July 1851, a deed of Lease of a lot of land, for a term of seven years, renewable at the option of the Lessors, was made between C.W. Newton & others, as Lessors, and George Cross as Lessee, duly recorded in the Clerks office of this City, which deed of Lease, by several successive assignments came into the possession of Caleb White in 1862. with the house thereon erected by the said Cross. Among the Covenants contained in this deed were two, which are quoted, as bearing materially on the question. The first, was a covenant by Cross, his heirs & assigns, to pay $176, in Quarterly instalments, in Specie, as ground rent, annually. & all taxes of every description levied on the land & house - The Second, was a covenant, that if the said Ground rent & taxes should be in arrears and unpaid for six months, and there was not sufficient goods in the house to distrain on in satisfaction of the rent & taxes due, then the said Lessors were authorized to reenter on the land & house, take possession thereof without charge, and put an end to the lease. This is a usual covenant in our leases here, and operates a complete transfer of house & land to the Lessors, in absolute property. Caleb White the last assignee under the deed, left town shortly after the evacuation of Norfolk in 1862. The Treasury Agent (Mr Morse,) seized [[strikethrough]] the property [[/strikethrough]] this leasehold property, of Whites, as an absentee & insurgent, and continued to collect the ground rent and house rent, as if both belonged absolutely to White. When I first heard of it some 9 months after White left, I spoke to the T. Agent stating that as there [[strikethrough]] was [[/strikethrough]] could be no intention to sequestrate my property

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---------- Reopened for Editing 2023-11-10 15:14:34