276 MARYLAND COURT OF APPEALS

MARYLAND ss. In the Records and proceedings of the Chancery Court
amongst other things is contained as follows Viz^t

At a Chancery Court begun and held at [422] the City of Annapolis for
the Province of Maryland on the Second day of December in the third year
of his Lordships Dominion etc. Annoque Domini 1718.
Were Present: His Excellency John Hart Esq^r Chancellour; Col W^m Hol-
land; Col Samuel Young, Assistants

[DD] John Gresham Complt. v [TB] Thomas Bordley Deft.

Upon a full hearing of this Cause and the arguments on both sides

It is Decreed That it appears the Comp^ll is indebted to the defendant
Twenty thousand pounds of Tobo. But in regard that interest has been al-
lowed the defendant. That the defendant do retain in his hands at the rate
of ten Shillings per Cent Sterling for the Said twenty thousand pounds of
Tobacco, the Price he formerly Sold it for, And that the Deft do refund to
the Complt fifty pounds Sterling out of the One hundred and fifty he has
recovered on his Sherriffs Bond with lawfull Interest from the time of his
receiving the Same, Together with Costs of Suit in this Court only

Vera Copia Vachel Denton Reg^r in Cancery

To his Excellency John Hart Esq^r Gov^r of Maryland and Keeper of the
Great seale thereof.

The humble Petition of Thomas Bordley of Ann Arund^ll County
Sheweth, That your Petitioner finds himself aggreived by a Decretall order
made in the cause betwixt John Gresham Complainant and your petitioner
defendant wherein your pet^r was decreed to pay the Said Gresham fifty
pounds Sterling with interest and cost out of the one hundred and fifty
pounds Sterling your pet^r recovered in her Majesties name on the Said Gresh-
am's Sherriffs bond in regard that interest had been allowed y^r petitioner
and also y^r pet^r was Decreed to retaine one hundred pounds Sterling [423]
for his Debt of Twenty Thousand pounds of Tobacco being at the rate
of Tenn shillings per hundred the rate y^r petr had formerly Sold Tobacco at,
Whereas it appears on record and by the Depositions returned that your petr
executed his Security for no more than Twenty thousand pounds of Tobo
Debt (Tho a larger Sume was due to him) And that the Tobo at the time
of the said execution was worth Twenty shill^g per hundred to make it easy
to the s^d Gresham he enstructed the Sherriff that if he could not pay the
Tobacco he should accept of one hundred and fifty pounds sterling in leiu of
the s^d Debt and the Cost ag^t the Said Surity That the S^d Gresham thereupon
rather chose to pay the S^d one hundred and fifty pounds than to Let y^r pef
have his Tobo that was justly due to him, That it likewise appears by the
proceedings and Depositions in the Cause that your petif for voiding contest
agreed to accept and proposed to the Said Gresham the payment of the Very