558 MARYLAND COURT OF APPEALS

Combined w^th the Said Brewerton to Defeat Y^r Orator of What was Justly
due to him Wherefore y^r Orator in hopes of the affair being Managed in
the Prov^l Court by Some of the Practitioners thereof than it Could be in the
County Court obtained a Rule on the Removall of the Transcript of the
Record thither for Execution to issue thence the Charge whereof Together
w^th the Damages and Costs in the County Court Amounted to Upwards of
Thirteen Thousand pounds of Tobacco for w^cn your Orat^r took out his Exe-
cution by Elegit in hopes to bring the S^d Brewerton to a Complyance w^th
all or part of the S^d Damages and Costs or to recover the Same But So it is
May it please your Honour that the S^d Brewerton and Adams Still persisting
in their Combination to Defeat Y^r Orator of his Just Right the Said Brew-
erton by fraudulent Deeds with [sic] any Consideration for the Purpose af^d
Conveyed all or the greatest Part of his real Estate and made over all his per-
Sonal Estate in trust for himself or others to his use to the S^d Adams by means
whereof Y^r Oraf Could have Litle or no Advantage by his S^a Execution the
Said Adams Setting up and Insisting on the S^d Deed and the property of the
S^d Goods all w^ch practices of the S^d Adams and Brewerton are Contrary to
Equity and good Conscience but Forasmuch as the measures taken by the
Said Adams and Brewerton were Concerted in the most Secret Manner and
Consequently very Difficult to be Proved as the rules of this Hon^rble Court
require and not at all as the Strictness of the Common Law prescribes and
that the Evidences that know any thing of the matter are Aged and infirm in
Case of whose deaths y^r Orator can [752] Have no Other Testimony but the
Answers of the S^d Adams and Brewerton upon Oath May it therefore please
your Honour to grant your Orator his Lordship writt Subp^a Ag^t the S^a Adams
and Brewerton to Compell them at a Certain Day and under a Certain pain
therein to be Limitted to be and appear before Y^r Honour and upon their
Corporall Oath True Answer to make to the premisses as fully and Distinctly
as if here Again Interrogated and to Shew Cause why a Commission Shall
not issue to Examine Evidences in the premisses ex parte unless they will
Strike Commissions and Joyn in Speeding the Same and that y^r Hon^r will
be pleased to Do further therein According to Equity and good Conscience

And he will pray etc.

Afterw^ds To Witt the 12^th Day of July Anno Dom 1722 Came Alexander
Adams one of the Def^ts and Exhibited into the Said Court his Demurrer to
the af^d Bill of Complaint w^ch follows in these Words Viz^t

The Demur^r of Alexander Adams Clerk one of the Def^ts to the Bill of Compl^t

of John Caldwell Complain^t

This Def^t by Protestation not Confessing or Acknowledging all or any
the Matters or things in the S^d Bill of Complaint ag^{ him Complaining to be
True in Such manner and form as the Same are therein and thereby Sett forth
and alledged for and by way of Demur^r Saith That the Complainant by his