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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 323   View pdf image (33K)
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MARYLAND COURT OF APPEALS 323

or shew any power from the Lord Propry to Commence the said suit against
this Deft or by the Bill sett forth any right to Complain against this Deft but
only Charges him with Trifling and unnecessary Circumstances in the bill
the Deft is Advised as the Bill now stands any other Person may as well Com-
plain against him as the said Gaurdian or Prochein amy or his said ward for
all which Causes and many other unsufficiences and Imperfections appearing
in the said Comp!ts Bill the Deft by and under the favour of this Honble
Court doth Demurr in Law unto and upon the said Bill of Compt and therein
Humbly demands the Judgmt of this Honble Court all which matters and
things this Deft is and will be ready to Averr maintain and prove as this
Honble Court shall award and prays to be here dismiss with his reasonable
Costs and Charges herein wrongfully Sustained.

(Thos Macnemara)

[493] Thereupon this Cause stands Continued untill the third day of Febru-
ary Anno Domi Seventeen hundred and Seventeen. At which said third
day of September comes as well the said Complt by his Attorney as the said
Deft by his Attorney and Ordered that the Second day of December next and
the Cause stands Continued untill the fifth day of December Anno Domi.
Seventeen hundred and Seventeen at which fifth day of December Comes as
well the said Complt and Deft by their Attorneys and the Allegations on both
sides being heard and mature Deliberation thereupon had It's Ordered that
the Demurrer be over Ruled and Answer filed by next Court and also De-
creed that the Deft pay six hundred pounds of Tobacco for the Delay etc:

And thereupon this Cause Stands Continued from Court untill the Sec-
ond day of September Anno Domi Seventeen hundred and Eighteen at which
said Second day of Sept Comes the said Complt and Deft and the said DeP by
Thomas Macnemara Esqr his Councill Exhibits his Answer which follows
in these words Vizt

The Answer of John Ward Deft to the Bill of Complt of Nathanl* Hyn-
son next friend of Nathan" Hynson a minor Complt

The Deft now and all times hereafter reserving to himself the Benifit
and advantag's of Exception to the manyfold Incertainties Imperfections and
uiitiuths in the Cuiiipl*" Bill contained for answer thereto oi su much thereof
as this Deft is advised is materally necessary for him to answer unto doth
Answer and say that he believes that it may be true that the said Nathaniel
Hynson is Seized of a parcell of Land called the worlds End butted and
bounded as in and by the said Bill is Suggested containing five hundred Acres
and that his the said Nathaniel Hynson Ancestors did Improve the same that
Jane Martinson in the Complts Bill mentioned (being an Alien as the Deft
beleives and hopes if necessary to prove) had [494] Surveyed and laid out
for him a Parcell of Land called Martinson Containing fifty Acres which
became Escheat by the death of the said Martinson without Issue no part
whereof as the Deft veryly beleives is included within the bounds of the


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 323   View pdf image (33K)
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