MARYLAND COURT OF APPEALS 279

Whereupon the petition and proceedings afores^t and the allegations of
both parties there upon being fully heared

It is the opinion of this Court that the one hundred and fifty pounds
Sterling mentioned in Greshams bill was but a reasonable price for the
twenty thousand pounds of Tobacco therein mentioned in the year 1716
And that the Said Gresham having made his Election rather to pay the Said
money than the Tobacco, The Said Bordley retaine in his own hands the
fifty pounds Sterling he was adjudged by the Decree in Chancery to refund
to the Said Gresham And this Court Order and adjudge the Decree in
Chancery to be reverst And that the said Bordley retain the aforesaid fifty
pounds Sterling in his own hands And to his own use And that the Said
Gresham''s bill in the Chancery Court be dismist with the Costs there and in
this Court.

Test . \ Clk
William Gumming f

[427] [TB] Rich^d Bennett Esq^r v James and Peregrine Frisby adm™ of

Tho^s Frisby

Eodem die

Writt of Error — Suggests the death of James Frisby one of the adm^rs
And Scire facias prayed and granted ag^t the Surviving adm^r

The Court adjourns till to Morrow Friday May the 27^th 1720. The
Court meet according to adjournment This Court adjourns till the first
Thursday of the Provincial Court being the twenty Second of September
next.

Test William Cumming Clk

At a Court held before his Excellency the Governour and his Lordships
Honourable Council for hearing Appeals and writts of Error held in the
Council Chamber at the Port of Annapolis on the fourth Thursday of Sep-
tember being the twenty Second day of the Same Month in the year of our
Lord One thousand Seven hundred and twenty.

Present: The Honourable Charles Calvert Esquire Cap^t Generall and Gov-
ernour of Maryland; The Honourable Col Will^m Holland; Col^o Samuel
Young; John Hall Esquire; Philemon Lloyd Esquire; Col Tho^s Addisson;
Col Richard Tilghman; Henry Lowe Esquire; Col. Mathew Tilghman Ward,
Members of his Lordships Honourable Council.

[TB] Richard Bennett Esq^r v James and Peregrine Frisby adm^rs Thomas

Frisby deced

Writt Errors Scire facias issued Which was returned Scire feci. Cont till next

Court
Appearance Doggett in Appeals and Errors for the fourth Tuesday of

September 1730