MARYLAND COURT OF APPEALS 331

Land Called Martinson but beleives Contrary to his Allegations that said
Martinson in [sic] included in the Land called the worlds End Excepting a
Very small part thereof being in the Land called Triangle both which tracts
are the Right of Nathaniel Hynson Nephew to this Rispondent And this Re-
spondent sayth that he never used any Menacing or threatning Language to
the said Appellant but does not know but upon said Appellants insisting
upon such unreasonable termes as before mentioned this Respond^t might
have said he would rather try the title at Law tho at some Considerable Loss
which this Respond' takes to be very farr from Menacing Language. This
Respond' Sayth he never used any Indirect means to prevent the Tryall of
said Cause in the Chancery but was very [sic] to bring it to as short a period
as Possible True it is that there was a Commission moved for by this Re-
spond^t but not with Intention to Prolong said suit as the Appellant Suggest
but to Expediet the said Cause and to put the said Comission in Execution
but by some unforeseen Accidents Could not get the Same Executed And
afterwards pray'd another Commission but the said Commissions or Either
of them was not Executed by any means of this Respond^t is untrue, for that
the Com^rs [506] Appointed to the best of this Respond^ts remembrance were
Cap^t James Frisby who was dead at the time appointed for Executing the
same, And M^r Bennett Lowe another of said Com^rs removed from Sassafras
to Patuxent to live and Coll^o Herman who was Another said he Could not
come as per his Letter to this Respond^t and M^r Jawert another thought fitt
not to Act w^ch Accidents Could be no way imputed to this Respond^t and
which were the Cause as this Respond^t believes of said Commission not being
Executed And for the more particular Proceedings and Minutes in the Court
of Chancery this Respond^t reffers to the Minute Book of said Court This
Respond^t Saith that he had a return of a Survey made on said Land returned
unto the Chancery Court which Survey was made by John Smith then Dep^ty
Survey^r of Cecill County where the Land lay the Commiss™ afs^d having failed
ro Exernre said Commission But this Respond^t Saith that he had sent a Mes-
senger to said Ward to acquaint him that said Smith was to make such a Sur-
vey and was to have been made such a day but said Appellant as this Respond^t
is Informed did not think fitt to be present And that the said Smith as this
Respond^t believes in his Concience made a Just return of said Survey as if
the Commiss^rs had been present and that this Respond^t never used any means
with said Smith to do otherwise than what was Just and this Respond^t Says
that Nath** Hynson who the Appellant requires an Answer from being a
Minor during the Continuance of the former Suits this Respond^t believes
in his Conscience that the said Nath^ll Nephew to this Respond^t is not Ca-
pable of giving other Answer than what this Respond^t makes in his behalf
he never having been privy to the proceedings, This Respond^t saith that his
Hon^r the Chancellor having heard the whole matter did the Eleventh day
of April one thousand Seven hundred and twenty make such a Decree as is