228 LINGAN v. HENDERSON.—1 BLAND.

* October, 1822, to the commissioners named by the plain-
241 tiffs. In pursuance of this commission the parties were
notified, &c.; when Henry Waring, a witness, was produced and
sworn on the part of the plaintiffs. In answer to the first inter-
rogatory, he says, that he knew James M. Lingan twenty-five or
thirty years before his death, and John Henderson upwards of
twenty years.

2nd Interr. Were you or were you not acquainted with the
circumstances relative to the sale of a tract of land described as
a part of a tract of land called Zoar, situate in Montgomery
County, in the State of Maryland, by General James M. Lingan
to John Henderson:—if yea, state the same particularly, whether
the said tract of land was paid for by the said Henderson, what
was the price for which the same was sold, and all the circum-
stances within your knowledge relative to the same ?

Answer. That a short time after Mr. John Henderson pur-
chased of General James M. Liugan the farm he, Mr. Henderson,
lately resided on, this deponent was going to Georgetown, and at
the request of Mr. Heuderson, mentioned to General Lingan that
Mr. Henderson expected to pay no interest for two years from the
purchase. General Lingan observed, that it was not so; one year
clear of interest was as much as his circumstances would justify,
or he would willingly give Mr. Henderson two years. This depo-
nent then observed to General Lingau, there was, he believed, a
misunderstanding which had better be fully explained. On this
deponent's return, he mentioned to Mr. Henderson what had passed
between General Lingan and himself. About twelve or eighteen
months, as well as deponent can recollect, before the death of Mr.
Henderson, this deponent was at Mr. Henderson's house; this
deponent and Mr. Henderson were alone, and Mr. Hendersou
observed to this deponent, that he should not be able to pay Gene-
ral Lingan for the land; observing, that the produce of the farm
was small; that General Lingau had agreed to take it back, if he
found he, Mr. Henderson, could not pay for it; and that he, said
Hendersoa, would certainly move to the back country, (Cumber-
land, this deponent believes was the place mentioned,) but it was
disagreeable to Mrs. Hendersou's connexions to leave them. This
deponent understood from Mr. Henderson he was to give General
Liugan about thirteen dollars and one-third of a dollar per acre,
or that the land cost him about that sum per acre.

3rd Interr, Were you or were you not intimate with Mr. Hender-
son, and had frequent conversations with him on the subject of

* the purchase of said land; and whether did such conversa-
242 tions, and your intimacy, continue down to the time of Mr.
Henderson's death; if yea, state whether in all such conversations
relative to said purchase, you understood from Mr. Henderson,the
said land was or was not paid for; or whether the said John Hen-