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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 325   View pdf image (33K)
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MARYLAND COURT OF APPEALS 325

The said Complt for Replication to the said Deff said Answer Saith that
the Bill of Complt by him exhibited into this HonMe Court against the said
Deft is very true Certaine and Sufficient in Law to be by him the said Deft
answered unto and that all and every the matters and Allegations in the said
Bill of Complt contained are by him therein sett forth upon good Cause and
Just ground and Occasion of Suit and this Replyant further saith and aver-
reth that the said Answer of the said Deft unto the said Bill of Complt is very
incertaine [496] untrue and Insufficient in the Law to be replyed unto by
him this Replyant Nevertheless all Advantages and benifitts of Exception to
the incertaintes and Insufficiencies of the said Defts said Answer to this Re-
plyant now and at all times hereafter saved and reserved for replycation unto
the Defts said Answer this Replyant in and by his Replication saith and Shew-
eth in every matter and thing as before in and by his said Bill of Complt he
hath said and shewed and also that the said Land Martinson is included
within the bounds of the Land whereof the said John Hynson dyed Seized
in Fee and which now are the proper Estate of Inheritance of the said Na-
thaniel Hynson the minor the names whereof to the best of this Replyants
Knowledge he not being well privy to the said Minors afairs but hopes to
prove are the worlds End and Triangle and that he doth and Will Justifie
maintain and prove his said Bill of Complt and all and every the matters
and Allegations therein and in this his Replication Comprized to be certaine
and true in such sort manner and form as the same are therein by him this
Replyant sett forth and Exprest without that, that any other matter or thing
whatsoever in the said Defts said Answer contained Materiall or Effectual in
the Law for this Replyant to Reply unto and not herein and hereby Suffi-
ciently replyed unto Confessed or Avoided or otherwise Replyed unto is true
all which matters and things this replyant is ready to averr Justifie maintaine
and prove as this Honble Court shall award and Direct and thereupon he this
Replyant in and by his Replication Humbly Prayeth as before in and by
his said Bill of Complaint he hath already prayed

(Th Bordley)

[497] Whereupon the Complt and Deft by their Councill prays that a Com-
mission may Issue to some Persons to Examine Evidences in relation to this
Cause thereupon Comr8 Struck by the Parties as Usuall and Comn issued To
Collo Ephra Augt Herman James Frisby Bennet Lowe and John Jawert of
Cecill County Gent: and the Cause stands Continued from Court to Court
untill the 20th day of May Anno Domi 1719 At which time Appears the sever-
all Parties and the Comrs make return of the Com" to them Directed as fol-
lows Vizt

In Obedience to his Ldships Com" out of the High Court of Chancery
bareing date the 26th day of May 1719 to us or any two or three of us directed
Impowering in [sic] or any two or three of us to Examine all such Evidences
as Should be produced to us by Collo Nathanll Hynson Gardn of Nathanll Son


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 325   View pdf image (33K)
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