250 MARYLAND COURT OF APPEALS

the Charge of the Execution And because the paym^t could not be avoided
that the Said Gresham entred into Such Bond And not in Consideration of
any such promise of this Def^ts as the Comp" in his bill most falsely Alleges.
That this DeP thinks it Strange the Comp" Should Expect a recompence for
paying Tob^o due by Execution And denys that ever to his Remembrance he
offered or promised to Accept the Said pretended ballance of three thou-
sand four hundred and Eighty Six pounds of Tob^o in the Said Reynold's
hands otherwise then that he might Say if M^r Reynolds or anyone Else paid
him the Tob^o he Should Gave the Said Gresham wⁿ p^a Credit for it and
also Denyes that he ever allowed the Said three thousand four hundred and
Eighty Six pounds of Tob^o to be the ballance due to him as in the Complts
bill is most craftily insinuated that this Defend^t about the years 17if having
observed that the Said Gresham had always refused to make this Def^t any
recompence [386] for the Disapointm^ts he had met w^th in his paym^ts and
returns of Lists and that he had been very Vexatious froward and unjust to
this Defend^t Petitioned the Hon^rble Edward Lloyd Esq^r then president and
Chancellor of the province for the Assignm^t of the SaiH Oresbam's Bond
of Sheriffalty for the year Seventeen hundred and Eight and had the Same
Assigned him to be put in Suit but this Defend^t forbore Sueing it for Some
time on the Complainants proposeing to Referr all Disputes to the Hon^rble
W^m Holland and Samuel Young Esqr⁸ but finding Said Gresham evaded the
Coming to a Determination before them and that when this Defend^t prest him
thereto he insisted on a New Choice w^ch gave this Defend^t reason to suspect he
designed only delay this Defendant Some time in the year Seventeen hundred
and fourteen Caused the Said Bond to be put in suit whereon this Defend^t As-
signed breaches one of w^cn was for the not paying twenty Eight thousand Seven
hundred and Seventy Six pounds of Tob^o nor rendering an ace^t thereof by the
tenth day of Aprill Seventeen hundred and Nine or afterwards or to that Fest
and Judgm^t was thereon Rendered for his Majesty in October Prov^ll Court
Seventeen hundred and Sixteen to the proceedings whereof on Record in
the Prov^l Court office the Compⁿ for better Certainty may have Recourse
whereon this Defend^t obtained Execution for twenty thousand pounds of
Tob^o and Costs altho' this Defend^t is well Satisfyed if he had insisted upon
the Utmost of his Due the Law wou'd have given him a far larger Summ
That he Remembers ab^l the latter End of Aprill or beginning of May Seven-
teen hundred and fifteen this Def^t and the Comp" had Some Discourse at
the house of Thomas Macnemara Esq^r in Annap^o about putting their dis-
putes to referance w^ch this Def^t agreed to provided the Said Gresham wou'd
pay the Costs that had before that time Accrewed on the Sueing his Said
Bond w^ch the Said Gresham obstinately refused. That this Defend^t Remem-
bers sometime ab^t the years Seventeen hundred and Eleven Seventeen hun-
dred and twelve or Seventeen hundred and thirteen the Comp" made out
and Shewed this Defend^t a list of Tob^o Debts as due from persons resideng