MARYLAND COURT OF APPEALS 187

natus Smith and Anthoney Ivey to whom Letters Testamentary upon the
last Will and Testament of the said Rob^t Since the death of the same Robert
in due forme of Law have been Comitted have not rendred the same altho'
often required but the same to the same Thomas to render the aforesaid
Robert in his life time And the said defendants Since his death have denyed
to the damage of the said Thomas Three hundred pounds of the like Cur-
rant money and thereupon he brings this Suite.

Pledgs etc. Jn^o Doe and Rich^d Roe.

And the said Renatus Smith and Anthony Ivey by William Bladen
their Attorney comes and defends the [278] force and Injury when etc. and
prays Oyer of the bond and it is read unto them they alsoe pray Oyer of the
Condition thereof and it is read unto them in these words following That
Whereas the above Thomas Robins having formerly entred into bond with
A certain James Busby late of the said County Merchant deceased payable
to A certain Isabella Bewley of the Province of Pensilvania for One hundred
and Forty odd pounds Currant money of England now the Condition of the
above Obligation is such that if the abouesaid Robert Smith Esqr and the
said Vincent Hemsley their heires Executo^rs and Admstrators do and shall
from time to time and at all times save and keep harmless and Indemnified
the abouesaid Thomas Robins his heires Executors and Admstrators from
and from all such damage that shall or may happen by reason of the above-
said bond that then this Obligation to be void etc. Which being read and
heard the said Renatus Smith and Anthony Ivey Exec^rs as aforesaid by their
Attorney aforesaid pray leave to Imparle here untill next Court and they
have it and the same day is given to the plantiff alsoe. Au Which said next
Court to Witt the first day of Aprill Annoque Domini 1708 Comes again the
said Thomas Robins by his Attorney aforesaid and prays that the said Re-
natus Smith and Anthony Ivey Execut^rs as aforesaid to his declaration in the
plea aforesaid May answer Whereupon the said William Bladen Attorney for
the said Renatus Smith and Anthony Ivey Executo^rs as aforesaid as before
defends the force and Injury and says that he is not informed by his said
Clyents of any sufficient Matter or thing to plead in barr or Avoidance of
the Action aforesaid So as aforesaid brought and further therin saith nothing
Whereby the said Thomas Robbins remaines against the said Renatus Smith
and Anthony Ivey Executors as aforesaid Wholly undefended, Therefore it
is Considered by the Justices here the day and Year last mentiond that the
said Thomas Robins recover against the said Renatus Smith and Anthony
Ivey Executors as aforesaid As Well the Summe of Two hundred and Eighty
Eight pounds currant money of England his debt aforesaid as alsoe the Sume
of Six hundred and Ninety five pounds of tobaccoe by the Court here adjudged
unto him for his costs and charges in this behalf laid out and Expended to
be leavyd of the goods and Chatties which were of the said Robert Smith at
the time of his death in their hands to be Admstred if so much thereof they