have and if so much thereof they have not etc. then the aforesaid Summe of
Six hundred and [279] Ninety five pounds of tobaccoe to be leavyed of the
proper goods and chatties of the said Renatus Smith and Anthony Ivey and
the defendants in mercy etc.

MARYLAND ss. Att A Provinciall Court held at the City of Annapolis
in the County of Ann Arundell for the province of Maryland the fifth day
of Aprill in the Eighth year of the Reigne of our Sovereigne Lady Queen
Anne etc. Annoque Domini 1709.

Present: The Honoble William Holland Chief Justice; Thomas Smith; Phil^o
Loyd; Robert Bradley, Esqrs Justices
John Gresham Jun^r Sher Jn^o Beale Clr.

[RG.] Thomas Robins ag^t Renatus Smith and Anthony Ivey Exec^rs of Rob^t

Smith Esqr

This being A fi fa Issued on A Judgment rendred for the plantiff against
the defendants the first day of Aprill 1708 As well for the Summe of Two
hundred and Eighty Eight pounds Currant money of England A certain
debt as also the Sume of Six hundred Ninety five pounds of tobaccoe costs
of Suite on the back of Which Writt is endorsed as follows Viz^t Memd^m the
plantiff releases unto the defendants part of the within Judgment reserving
to himself the Sume of Two hundred and Twenty pounds Sterling and costs
of Suite Test Jn^o Beale Clr

And the Sheriff of Queen Anns County to whom the same writt was di-
rected makes returne thereof endorsed in these words Viz^t fieri feci plantiff
sattisfyed. Rich^d Tilghman Sher of Queen Anns County.
[Loc Sigil Prov^s] In Testimony Whereof the Seale of the Provinciall Court
is hereunto Affixed by Jn^o Beale Clr Prov^ll Court

Renatus Smith and Anthony Ivey Executors of Rob^t Smith Esqr ag^t Thomas

Robins

Errors Assigned on A Judgment rendred the first day of Aprill 1708 in
the Provinciall Court for Robins against Smiths Exec^rs

And the said Renatus Smith and Anthony Ivey by William Bladen their
Attorney come and say that in the Record and process [280] aforesaid as
also in rendring the Judgment as aforesaid tis manifestly Erred to witt

1^th In that the declaration of the said Thomas Robins and the matters
therein Contained are insufficient and incertain in law and want forme.

2^thly. In that the Judgment rendred is for Thomas Robbins to recover
against said Smiths Executors Whereas it should have been for the said
Executors against the said Robins and that the said Robins should have
taken nothing by his Writt etc.

3^dly. For that altho' Judgment be given for the said Robins yet it