i54 MARYLAND COURT OF APPEALS

Alexander Frazer and Sarah his wife plantiffs and John Hyde Defendant in
the premises lately prosecuted before the Justices of the Provinciall Court
to our said President and Councill were transmitted and follows in these
Words Vizt.

In the Records and Proceedings of her Majesty's Provinciall Court
amongst other things is thus containd as follows Viz^t

MARYLAND ss. Att A Provinciall Court held at the City of Annapolis
in Ann Arundell County for the Province of Maryland the Second Tuesday
of Aprill being the Eighth day of the same Moneth in the Eleaventh Year of
the Reigne of our Sovereigne Lady Queen Anne of Great Brittain etc. Anno
Dni 1712

Present: The Hono^ble William Holland Chief Justice; Robert Bradley,
Esqrs Justices
Tho^s Gassaway Sher A A^ll Co^ty Jn^o Beale Clr.

Alexander Frasier and Sarah ux^r ag^t John Hyde

MARYLAND ss. John Hyde of London Merchant was attached to An-
swer unto Alexand^r Frazer and Sarah his Wife lately called Sarah Sterling
Widdow of A plea of Trespass on the case etc.

And Whereupon the said Alexander and Sarah by Thomas Bordley their
Attorney complain that Whereas the said John Hyde [228] the Twenty
Eighth day of August Anno Domini One Thousand Seaven hundred and
Eight at Annarundell County was indebted to the said Sarah whilest she was
Sole in the Sume of Forty Seaven pounds Seaventeen Shillings Sterling for
divers Sumes of money by the aforesaid John Hyde for the use of her the
said Sarah (whilest sole) before that time Received and being so indebted
the aforesaid John in Consideration thereof Assumed upon himself and to the
said Sarah then and there faithfully promised that he the said John Hyde

the said Forty Seaven pounds Seaventeen Shillings Sterling to the said Sarah

when he should be thereunto afterwards required would Well and truly con-
tent and pay Nevertheless the aforesaid John his promise and Assumption
aforesaid not reguarding but minding and fraudulently Intending her the
said Sarah whilst Sole And the said Alexander and Sarah since their Inter-
marriage in this behalf Craftily and Subtilly to deceive and Defraud the said
Forty Seaven pounds Seaventeen Shillings Sterling or any part thereof to the
said Sarah Whilest Sole or to the said Alexander and Sarah since espousalls
between them Celebrated or to either of them hath not paid nor them the
said Alexander and Sarah or either of them for the same hitherto any wise
Contented altho' to do the same the Tenth day of June Anno Domi Seaven-
teen hundred and Eleaven at Ann Arundell County aforesaid by the said
Alexander and Sarah he was required but the same to the said Sarah whilst
Sole or to the said Alexander and Sarah since their intermarriage or to either