MARYLAND COURT OF APPEALS 457

days for Surveyors to take Oaths for due Execution of their office as this De-
fendant hast heard and believes; And further this Defendant Knows that the
Said Thomas Pattison in his Lifetime had a grant of Some of the Lands which
the Complainants by their S^d bill Claims by Virtue of the Survey as af^d made
pursuant to the Said Warrant which this Defendant is Induced to believe
he would never give himselfe the trouble to obtain had he not been Sensible
that the S^d George Seward had no right thereto having never paid the Con-
dition nor made good rights and the S^d Pattison Encouraged this Defendant
to be in no doubt Concerning his Land for that he the Said Pattison was
Sensible the Warrant by w^ch he Surveyed the Land for the Said Seward was
not Good and further told this Defendant he Would Warrant his purchase
from Smithson for one Hogs head of Tobacco this Defendant cannot believe
there was a Due return made of the Certificate when there was not a Warrant
on Record to Support it but this Defendant has Some Reason to think the
Said Certificate was put on Record by Mistake of the officers Concerned in
the Lord proprietors Land [656] office This Defendant hopes and is advised
that it will be Necessary for the Complainants to prove that the Said [sic]
was paid for and that there was no Condition annexed to it or if there was
that the Same was Discharged on the part of the Said Seward and that the
Said Certificates were duly returned and Recorded to Entitle the Complain-
ants to the Lands in the bill mentioned. This defendant Saith that he holds
but one half of the S^d Tracts of Land Called Camberlake and Sector in the
bill mentioned. And further Saith that he believes it to be true that the
Said George Seward Soon after Soon after [sic] the obtaining of the Said
Warrant departed this Province w^ch was Chiefly Occasioned as this Defendant
has heard by his Roveing and Unsettled temper he was of which Confirms this
Defendant in his belief he never paid for the Said Warrant. And this De-
fendant believes it to be true that the Said W^m Seward father of the Com-
plainant was the Son and heir of George Seward in the bill mentioned and
that the S^d W^m Seward did apply for patent for the Said Lands to the Right
Hon^rble the Lord Baltemores Agents for granting his Lands within this
Province which they whose probity and Justice has never been questioned
as this Defendant hath heard and believes thought fitt to refuse him as being
Satisfied as this Defendant believes the Said Condition was never made good
And this Defendant further answereth and Saith that he knows it to be true
that the Said Thomas Smithson of Talbott County and Thomas Smithson of
Dorchester County preferred Such a Petition as in the bill is Set forth and
Obtained Such an order thereon as therein is mentioned and that by Virtue
thereof a Survey was made for them of the Said Lands Called Camberlake
and Sector and Soon after Thomas Smithson of Dorchester County Dying
Thomas of Talbott County Petitioned his Lordships Agent for Land Affairs
in Maryland that Patents might Come forth in the Said Thomas Smithson
of Talbott Countys name which thereupon was granted him for the Said