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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 319   View pdf image (33K)
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MARYLAND COURT OF APPEALS 319

notice thereof and even that return not otherwise made than to the Complt
till the very day the Cause by a peremtory rule was Ordered to be tryed on
and then Offered and Admitted in Evidence with that Success That the
Comp!t obtained a Decree against your Petitioner That forasmuch as it seem
to the Judge that the Land mentioned in the Complts Bill called Martinson
appear'd to be Contained within the bounds of the land Called the Worlds
End and Triangle and for that the said Land called Martinson had layd near
fifty years unpatented seem to have been a declining of the Persons right
thereto who took it up and the same person being an Alien and therefore not
in a Capacity of holding the said Land without being Naturalized as no ways
made Appear Therefore it was decreed that the said Land called Martinson
be the right and Estate of the Complt and the said Complt pay unto your
petitioner the Consideration and Charge by him paid in Escheating the said
Land But that your Petitioner shou'd pay unto the Complt the Costs by him
expended in this Suit and that the Injunction to Stop the proceedings at
Law shou'd be perpetuall Contrary to all Law Equity and reason as your
Petitioner is advised whereby your Petitioner hath apparant Damage Your
[487] Petitioner therefore Appeales from the said Decree to your Exley and
Honrs and most humbly prays that the said Nathaniel Hynson the Prochein
Amy and the said Nathaniel Hynson the Minor (being now of Age) may be
appointed a Short day to answer all and Singular the Premisses, That the
said Decree be reversed and the Bill Exhibitted ag34 your Petitioner in Chan-
cery dismist with Cost

And your Petitioner shall (ever pray etc.

D Dulany

The following Transcript was given in and filed with the aforegoing
Petition

In the Records and Proceedings of the Chancery Court in the Province
of Maryland amongst other things is Contained as follows Vizt:

At a Court of Chancery held at the City of Annapolis for the Province
of Maryland on monday the nth day of April in the 5th year of his Ldships
Domin etc: Annoque Domi: 1720.
Present: The Honble William Holland Esqr Chancellr

MARYLAND sst Be it remembred that heretofore to wit the first day of
January Anno Domi. Seventeen hundred and Sixteen before his Exlly John
Hart Esqr Capt Gena and Govrn in Cheif of the province of Maryland Came
into his Ldship the Rt Honble the Lord Proprys high Court of Chancery Coll0
Nathaniel Hynson Son of John Hynson and Exhibitted his Bill of Complaint
against John Ward of Cecill County Gent as follows Vizt

To his Exlly John Hart Esqr Govrn of Maryland and Keeper of the great
Seale thereof [488] Humbly Complaining sheweth unto your Exclly your


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 319   View pdf image (33K)
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