MARYLAND COURT OF APPEALS 317
derstanding that your petitioner had obtained a patent of Escheat for the
said fifty acres of Land in manner afsa by Surpriseing his Ldships Agent into
so great a Credit of his Suggestion and Contrary to the Agents intent and
Contrary to the Agents intent [sic] and the rules of the Office Yet that such
patent wou'd be sufficient in Law to maintain the said Ejectmt had Offered
Your Petitioner to refund him all the Charges and disburstments he had
been at in Escheating the said Land if your petitioner woud Consent to
vacate his said Patent which your Petitioner refused to Do which bill and
the Allegations therein Contained Your Petitioner was advised by his Coun-
cill were so trifling and so farr from Containing any matter of [484] Equity
to Compell your Petitioner to give any Answer thereto or to draw him into
the said Court That admitting every Aligation to be litterally true yet that
the Complainant had no greater Cause to Complain against or implead your
Petitioner in that Court than he had to Exhibit a bill for any other Persons
Estate and to Demurr to the said Bill which your Petitioner did because the
Complaint by his Bill did not sett forth in whose right he sued the Deft in
this Honble Court for he stiled himself as Gaurdian and next friend of Na-
thaniel Hynson the Son of John Hynson of Cecill County deced by way of
Addition and not otherways Whereas if the Complaint was designed for the
relief of the minor the Bill shou'd be formed in the Name of the said Minor
by the said Nathaniel Hynson his Gaurdian and Prochein Amy 2ly That the
Complt by his Bill Claimed neither in his Own right nor in the wright of
his ward any legall or Equitable right or title to the said fifty Acres of Land
purchased by the Deft of his Ldships Agent in the Bill mentioned neither
doth the Complt by his bill Alledge that either he or any one else for and
on the said Minors behalf at any time either before or after the said Deft had
Obtained the said patent had made their application to his sd Lordships
Agent and had a Promise from the said Agent That if the said Patent shou'd
be decreed to be vacated, That the said Land shou'd be granted to the said
Minor or shew any power from the Ld Propry to Commence the said suit
against this Deft or by the Bill sett forth any right to Complain against this
Deft but only Charge him with Trifling and unnecessary Circumstances in
the Bill the Deft is advised that as the Bill now stands any other person may
as well Complaine against him as the said Gaurdian or Prochein Amy or his
said ward which Demurrer was afterwards on a hearing thereof over ruled
and your Petitioner Compeled (as he is Advised contrary to the rules of Law
Equity and right reason) to answer the said Bill in Obedience to which
Order your Orator Answered the said Bill upon Oath, and sett forth in his
said Answer that he believed it might be true That the said Minor was
Seised of the parcell of Land [485] Called the worlds End bound as Express
in the Bill and that the said minors Ancestor had improved the same That
the said Jean Martinson (whom your petitioner hoped if necessary to prove
was an Alien) had the fifty Acres (in the Bill mentioned) Surveyed and that
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