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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 318   View pdf image (33K)
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no part thereof was included in the Worlds End as by the bill was falsely
Suggested which your Petitioner was the rather inclined to believe because by
the nicest Scrutiny he was able to make with the Assistance of the best Sur-
vey™ it appeared that Martinson was a Considerable distance from the worlds
End, and that if the same had been actually included in the Survey of the
worlds End Your Petitioner was Advised wou'd not in Law or Equity entitle
the Complaint thereto the Survey thereof being Prior to that of the worlds
End and your Petitioner having Purchased the same for a Valuable Consid-
eration which he had honestly Pay'd, That your Petitioner did not Particu-
larly remember what Expressions were by him used when he applyed to his
Loships Agent for purchasing the same but deny'd that he ever made use of
false or undue Suggestions or means to procure the same or took any other
than the usuall method of Bargaining and granting That he also deny'd that
ever the Comp!t made any Application to him about the said Land otherwise
than in a menacing manner Threatning that he woud spend five hundred
pounds at Law, but that he woud recover the same if your petitioner wou'd
not Surrender What he had so as afd bought and paid for, That your peti-
tioner thought the said fifty Acres of land as Conveniently Situated for him-
self as any Other and that if the same had been remote and inconvenient it
could not (as he was advised) distroy his right thereto the Conveinence or
inconvenience being (as he conceived) to be regarded with respect to the
value of the Land and not the right thereof and that he hoped and doubted
not to prove (as farr as was necessary) that the other Allegations of the said
Bill were false That your petitioner after the filing his said Answer fre-
quently moved for a Tryal of the said Cause which was as offten opposs'd on
the other side till at last the Complt and his Councill being apprehendsive
That they cou'd not any Longer delay the Tryall without some better grounds
than were formerly alledged at a Chancery Court held sometime [486] in
October Anno Domi Seventeen hundred and Eighteen moved for Commis-
sion to examine Evidences with a designe never to Execute the same (as your
petitioner verily believes) and afterwards in may Court Seventeen hundred
and nineteen had the same Commission renewed with a Clause to Impower
the Commissioners to Survey the Land in dispute and other adjacent Lands
and a rule for hearing on Bill and Answer unless cause shewn the next Court.
That the next Court which was in October Seventeen hundred and nineteen
there was a Peremtory Rule for hearing on Bill and Answer or that the
cause shou'd be dismist with Cost wta Liberty to the Compll to gett his Com-
mission returned or take out a new one which was obtained but never exe-
cuted according to the practice of the Court or the rule of Equity but in-
stead thereof a return of a Survey made by one John Smith Deputy Surveyr
of Cecill County at the instigation and by the procuremt of the said Complt
in the absence of the Commissioners and without giving your petitioner any


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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 318   View pdf image (33K)
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