Crisaps bill states that in 70 or 71 his father made a settl[men]t on the round bottom adjoining below land claimed by Tomlinson— In 75 he died & devised this land to his daughters under whom plf. claims— all the children including the plf. infants of tender years when he died. In 1781 a Certificate in right of Cresaps settlt was obtained which was surveyed 24 feby 1784 returned 5 april 84—29 July 85 Caveated by Genl Washington which in april 87 was dismissed & a grant issued.

     Genl W. caused a private survey to be made of the Round bottom cont S 12 or 1300 acres without any <mutilated> location, & the surveyor was shown at the time Cresaps settlt, & admonished not to survey it— W. after this survey procured wts for 587 acres only, tho the boundaries covered the whole 12 or 1300 acres which he fraudulently concealed— after a long & peaciable possess. of the land by plf, McLain claiming under a grant from W. entered & took possession of the Land, altho McLain had notice at the time of his Contract with W. of the nature of the plfs. claim to the land. The plf. claims 400 acres— That the children of Cresap were infants at the time of the grant to W. which is the reason a caveat was not filed agt them.

     Tomlinson's depo. taken in this case states that Crawford stopt at the lower end of the Round bottom & said he wanted to make a survey there. The dept. objected because he had made improvts there & intended to settle there— C. replied it was at Colo. Washington's request that he wd make a private survey of the bottom, & pledged his word that it to be only a private survey & shd be so returned. C. surveyed the river line to the upper end of the bottom & no other line. Cresap sent hands to settle the round bottom in spring 72 who made some clearing but no fencing & the hands then moved down the river to improve other lands in 73. Cresap sent a family who settled fall 73 & built a Cabin— In 79 at the meeting before the Comm[u]n.[ication] the agent of Cresap & the dept agreed to settle their conflicting claims by dividing the round bottom between them & the Certificates were made out accordingly.