170 MARYLAND COURT OF APPEALS

Adm^rs of all and singular the goods chatties rights and Creditts which were
of Henry Mitchell deceasd as of their Complaint Wee have reed Wee being
Willing that the Error if any there be should be duely corrected and full and
Speedy Justice done in this behalf Comand You that if Judgment be thereof
rendred then the record and process of the plea aforesaid With all things
thereunto relating to our president and Councill of Maryland at Annapolis
the twelfth day of May next under your hand and Seale distinctly and openly
you send and this Writt that the record and process aforesd being inspected
our said president and Councill may further cause to be done for the Cor-
recting that Error what of right and According to law shalbe to be done.
Wittness our self at the City of Annapolis aforesaid this 20^th day of Aprill
in the 12^th Year of our reigne etc. Annoque Domini 1713.

W Hunt Ed^d Benson Reg^r in Chanc^ry

Which being read and heard is by the Justices here allowed and the
record therein mentiond orderd to be sent According to the tenour thereof
In Testimony Whereof the Seale of the Provinciall Court is hereunto
Affixed per Jn^o Beale Clr Loc[us] Sigil Prov^ll

Att Which said Twelfth day of May aforesaid Anno Domini One thou-
sand Seaven hundred and Thirteen before her Majestys President of her
Councill of Maryland and the same Councill sitting in A Court for for [sic]
hearing Appeals and regulating Writts of Error at the City of Annapolis
came the aforesaid [251] Grace Mitchell and Daniell Phillips Administrators
of the goods and Chatties rights and Creditts of Henry Mitchell of Calvert
County Gent deceasd by Thomas Bordley their attorney and say That in
the Record and Process aforesaid as alsoe in rendring the Judgment afore-
said it is Manifestly Erred Vizt

Impris. It is Erred in that the said Henry Mitchell deceased had not
any Addition before the alias Diet in the Writt and declaration.

2^dly. Tis' erred in that the said Mitchell had no Imparlance or day
Given him to answer the suite.

3^dly. Tis Erred in that the breach is not rightly assigned being alledged
for want of payment to the King and Queen Joyntly whereas had it been paid
to either of them it had been sufficient payment

4^thly Tis Erred in that King William and Queen Mary in the Eighth
Year of King Willaims reigne and at the time of the bringing the Suit were
joynd therein

gany That the placit quod reddat is to both

gtwy That the Judgment is for King William only to recover

7^thly That there is no Averment of Queen Marys death to Entitle the
King to recover in his owne name nor that he Survived her to entitle him
alone to the Action.

For Which and many other Errors the aforesd Grace and Daniell pray
that to all things that they by occasion of the Judgment Aforesaid have lost