990 MARYLAND COURT OF APPEALS

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Lords Agent that said Land was not Cultivated nor Improved by any other
Person which Suggestion is Likewise untrue for that the said fifty Acres of
Land was Cultivated and Considerably improved by a Dwelling house and
other houses Orchard and fencing by the Deced John Hynson father to Na-
than'* Hynson Nephew to this Respondent and this Respondent very beleives
in his Conscience upon these false Suggestions the said Ward Obtained a Pat-
tent who upon Obtaining said Patient brought an Ejectment for the said Land
called Martinson tho' this [504] Respondent does not find that said Jane
Martinson ever obtain'd any Warrant to ground her Certificate on as appears
by a Cert: under the hand of the Register of the Land Office who made Deli-
gent Enquiry into the premisses nor that she ever had right for said Land,
soon after the Commencement of said Ejectment this Respond^t the Appellant
and Charles Carroll Esq^r by whom said Patent was granted hapened together
in Company and discourse being moved Concerning the premisses the said
Carroll on perceiving the unfair practice of said Ward as this respond^t veryly
believes Earnestly urged the accomodating the then depending Suit about
Martinson which dispute this Respond^t as Gaurd" and next of Kinn to Na-
thaniel Hynson then a Minor purposed to leave the whole dispute about
Martinson to the Determination of two or three of the Justices of the Prov^l*
Court or to M^r Bordley and M^r Macnemara Councill on Each side and at
Last Purpos'd to leave it to the Determination of M^r Macnemara then Coun-
cill for the said Ward which said Ward wou'd not agree to these proposals
Upon which this Respond^t then Purposed to Charles Carroll Esq^r then my
Lords Agent to Determine the matter who readily took upon him to do the
same in a private Capacity and said Carroll desired this Respond^t to pay to
the Appellant the Escheat Money being about five pounds ten shillings Ster-
ling or thereabouts with his reasonable Charge of Escheating the same but
Cannot remember what Exactly with which this Respond' was ready to
Comply but the appellant refused to Come into those measures said Appel-
lant insisting that the Improvements on the said Land Called Martinson
shou'd be vallued by four Men of Cecill County and he the Appell^t Satisfied
for the full Value of them besides the Escheat mony which Improvements
being made by John Hynson [505] Aforementioned this Respond^t ejected
so unreasonable a proposall This Respondent saith that he never intended
to prosecute the said suit in Chancery but for the proper benifit and use of
Nathan^ll Hynson son of the afs^d John Hynson then a minor Contrary to the
Suggestion in the Appellants Petition This Respond^t humbly Conceives that
in is Bill against the said Ward is Contained Sufficient matter to maintain
his said Bill and sayth that upon Demurrer made by the Appellant for insuf-
ficientcy to this Respond^t Bill the said Ward was Compel'd to Answer, His
Hon^r the Chancell^r being of Opinion that the Bill Contained Sufficient mat-
ter in Equity to Oblige the Appellant to Answer This Respond^t saith that he
is not privy to what Nicety said Ward the Appellant used in Surveying the