52 MARYLAND COURT OF APPEALS

2. The Writt and Declar Vary in the Summe of 20000l of Tobbacco
the Damages laid by the Writt being 80000l of tobb: and the Damages in the
Deci being but 60000 pds of Tobbacco which in any Court of Common Law
is Sufficient Variance to Abate the Action

3. The Said Thomas in his Acc^t wherewith he Charges the Said Miles
as Adm^r of the Said Copley incerts an Article Viz^t a brass Kettle and Skillet
which was Sold to the Said Miles by the Said Thomas after the Death of the
Said Lyonell, for which he ought to have brought a Separate Action and that
in his own Name and not as Adm^r of the Said Copley, for that was a Debt
made by himselfe and therefore Could not be Coupled in one Action with
the Debts made by the Said Copley in his life time therefore Erroneous.

4. The Cause of Action by the Said Declar. is laid to be nine Months
and five Days after the Action Commenced as Appears by the Record there-
fore Erroneous for all w^ch Errors and Imperfections the Said Miles prays
that the Judgement of the Said Court in Overruleing the Said plea in Abate-
ment be reversed And that the Action of the Said Thomas Against him the
Said Miles may Abate and be Dismissed without Day

Clark Attor[ney]

Miles Burrough v Gov^r Copleys Adm^r

Now att this Day to Witt att a Court held befor his Ex^cy the Governo^r
S^r Thomas Lawrence Col George Robotham Col Charles Hutchins Thomas
Brook Esq^r James Frisby Esq^r

A Precept Transmitted to the Prov^ll Court to try a Certein Matter of
fact in one of the reasons in this Cause Assigned was produced and read with
the Said Courts Judgm^t and proceedings had as followeth Viz^t:

[73] MARYLAND ss. William the third by the grace of God of England Scott-
land France and Ireland defender of the faith etc. to the Justices of the Pro-
vinciall Court in our Province of Maryland Greeting Whereas Miles Bur-
rough Late of the City of S^t Marys Inholder did appeale from a Certain
Judgm^t given ag^t him by the Justices of our S^d Court the Second day of
October 1695 upon plea of Abatem^t of an Action brought by Thomas Tench
Adm^r of his Ex^cy Lyonel Copley Esq^r dec^d unto our Gov^r and Councill Con-
stituted a Court for hearing Appeals and Writts of Erro^r etc. which S^d Judgm^t
and proceedings thereon together with Certeine Reasons filed for the Ap-
peale being Laid before our Said Governed and Councill for their Opinion
and finall Judgment to be Given in the premisses the third reason by the
Said Miles Assigned for Erro^r was that the Said Thomas in his Acc^o wherewith
the Charges the Said Miles as Adm^r of the S^d Copley Inserts and Article, Viz^t
A Brass Kettle and Skillet which was Sold to the Say'd Miles by the S^d Thomas
after the death of the Said Lyonel for which he ought to have brought a
Separate Action and that in his Own name and not as Adm^r of the Said Cop-