"Shall not give the said Colonel Ileathcote any further title than that which he already hath to the laud called White Plains, which is iu dispute between the said Caleb Ileathcote and the inhabitants of the town of Rye. The sheriff returned that the 'jurors found there is no damage to the King or his subjects in erecting the manor aforesaid, except the White Plains, which are in dispute and contest between said Caleb Ileathcote and the tow n of Kyc, and excepting James Mott and the rest of the purchasers of Maniaroueck, which have land within the patent of Kichbell.'"

After the return of this writ, and on the 21st of JIarch, 1701, letters patent were issued; the lands of Colonel Heathcote vvere erected into the lordship and Manor of Scaredale. The letters, however, contained an express provision that nothing therein contained "shall be construed, deemed or taken to give the said Colonel Heathcote any further title or jurisdiction within the said White Plains until the same shall happen to belong to the said Caleb Heathcote." "

Soon after this. Colonel Heathcote purchased of certain Indians their rights to the lands embraced in his patent. With this excepti(jn, he did nothing further to perfect his title to the While Plains ; but he persistently refused the solicitations of the Rye people to relinquish his claims, and thereby remove the cloud upon the title to this coveted inheritance.

After long years of delay, Daniel Brundage and Josei)h Hunt, on the 28th day of June 1721, presented a petition ' to the Governor, praying tor a warrant of survey of the White Plains, and a warrant was i.-;sued the same day. * No report of a survey having been made, the same parties, on the 7th day of December, 1721, petitioned for a new warrant of survey to embrace the whole of the White Plains apon which the I following order was issued. :