322 MARYLAND COURT OF APPEALS

Patent and Offered himself ready to pay all Charges and disburstments he
had been at on the procureing thereof and that the said Patent may be
vacated and the said Minor releived in all and Singular the premisses ac-
cording to Equity and good Conscience your Orator humbly prays your
Excell^y to grant him his Lordships Writt of Injunction to stay all further
Proceedings at Law in the Premisses untill the matter shall be fully heard
and determined before his Ex^Hy in this Honble Court and of Subp^a to be
directed to the said John Ward thereby Commanding at a Certaine day per-
sonally to be and appear before your Ex^Hy in this Honble Court then and
there to answer all and Singular the Premisses and further to stand to and
abide such further Order Rule direction and Decree therein as to your Ex^ay
shall seem meet And your Orator as in duty bound shall ever Pray etc.

Th Bordley per Compl^t

Afterwards to witt the tenth day of June Anno Domi Seventeen hun-
dred and Seventeen Came John Ward the Defendant and Exhibitted into
the said Court of Chancery his Demurrer to the afs^d bill of Complaint which
followes in these words Viz^t

The Demurrer of John Ward of Cecill County Gent: Def^t to the Bill
of Complaint of Nathaniel Hynson of Kent County Gent Gaurdian and next
friend of Nath^ll Hynson the son of John Hynson late of Cecill County deced
Complainnant.

The said Def^t by Protestation not Confessing or acknowledging any
thing in the said Bill of Complaint Contained to be true in such sort manner
and form as in and by the said Bill of Compl^t the same is sett forth and Al-
ledged doth say as he is informed by his Councill that the said Bill of Compl^t
and the matters and things therein Contained are so incertaine and insuffi-
cient in [492] The law that the Def^t is not bound by the Laws of this Land
to make answer at all thereunto and namely and particularly for the Causes
following.

i^st for that the Compl^t by his bill does not sett forth in whose right he
sues the Def^t in this Honble Court for he stiles himself as gaurd" and next
friend of Nathaniel Hynson the son of John Hynson of Cecill County deced
by way of addition and not otherwise whereas if the Compl^t was designed for
the relief of the Minor the Bill shou'd be formed in the name of the said
Minor by the said Nath" Hynson his Gaurdian and Prochein amy, that the
said Compl^t by his Bill Claimes neither in his own right nor in the right of
his ward any Legall or Equitable Right or title to the said fifty Acres of Land
Purchased by the Def^t of his L^dships Agent in the bill mention'd neither doth
the Compl' by his Bill Alledge that he Either he or any one for and on the
said minors behalf at any time either before or after the Def^t had obtained
the said Patent had made their Application to his said Lordships Agent
and had a Promise from the said Agent that in case the said Patent shou'd be
decreed to be vacated that the said land shou'd be granted to the said Minor