LINGAN v. HENDERSON.

October, 1822, to the commissioners named by the plaintiffs. 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 interrogatory, he says, that
he knew James M. Lingan twenty-five or thirty years before his
death, and John Henderson upwards of twenty years.

2d 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 circumstances
within your knowledge relative to the same ?

Answer. That a short time after Mr. John Henderson purchased
of General James M. Lingan the farm he, Mr. Henderson, lately
resided on, this deponent was going to Georgetown, and at the
request of Mr. Henderson, 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 Lingan, 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. Henderson
observed to this deponent, that he should not be able to pay General
Lingan for the land; observing, that the produce of the farm was
small; that General Lingan had agreed to take it back, if he found
he, Mr. Henderson, could not pay for it; and that he, said Hen-
derson, would certainly move to the back country, (Cumberland
this deponent believes was the place mentioned,) but it was dis-
agreeable to Mrs. Henderson's connexions to leave them. This
deponent understood from Mr. Henderson he was to give General
Lingan about thirteen dollars and one-third of a dollar per acre, or
that the land cost him about that sum per acre.

3d Intern Were you or were you not intimate with Mr. Hen-
derson, and had frequent conversations with him on the subject of

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