2ga MARYLAND COURT OF APPEALS

teen hundred and Eighteen at a County Court held at Calvert County afs^a
before John Smith Gent: and his Associates Justices of the same County sued
and Impleaded the said Thomas Lingan by the Name of Thomas Lingan of
Calvert County Gent Executor of the Testament and last Will of Edward
Boteler of Calvert County Gent: deceased in a plea of Trespass upon the
Case where it was so farr proceeded that the same Daniel afterwards (to
Witt) the sixteenth day of June Anno Domi Seventeen hundred and [446]
Nineteen at a Calvert County Court held at Calvert town in Calvert County
before the same John Smith and his Associates that it was Considered by the
same Court that the said Daniel should recover against the said Thomas Lin-
gan Executor of Edward Boteler as well one thousand five hundred and
seventy five pounds of Tobacco Damages as three hundred and Seventy
pounds of Tobacco for his Cost and Charges about his said Suit laid out and
expended to be levyed of the goods and Chatties which were of the said Ed-
ward in the hands of the said Thomas Lingan unadministred if so much
thereof in his hands he had etc: and if so much thereof in his hands he had
not then the Cost of suit afs^d to be levyed of the Proper goods and Chatties of
the said Thomas Lingan whereof he was Convict, and the said Attorney Gen^ll
further saith that severall goods and Chatties which were of the said Edward
at the time of his Death before the Impetration of the Originall Writt in this
Cause to the value of twenty thousand pounds of Tobacco came to the hands
and possession of the said Thomas Lingan out of which he might have Satis-
fied the damages and Cost afs^d (to wit) at Calvert County and that after the
Recovery afs^a and before the Impetration of the Original Writ in this Cause
to Wit the tenth day of August Anno Domi: Seventeen hundred and Nine-
teen at Calvert County afs^a and Offten bebore [sic] and after the said Tho⁸
Lingan was by the said Daniel requested to pay and satisfie unto the said
Daniel the Damage and Cost afs^d said [sic] but the same Thomas Lingan the
said Damage and Cost or any part thereof hath not satisfied but the same
unsatisfyed and unpaid still remaineth And this the said Attorney Gen^ll is
ready to verifie and therefore prays Judgment for the Debt afs^d together with
the Damage and Cost occasioned by the detention of that Debt to be to him
Adjudged etc.

And the said Thomas Cockshutt Saith that true it is the said Daniel Du-
lany in the Replication af^Bd mentioned obtained the Judgment in the said
Replication mentioned as the said Attorney Gen^ll above by Pleading Hath al-
ledged and that the said Tho^s Lingan [447] at the time of the Obtaining the
Judgment afs^d to Wit at Calvert County afs^d had of the goods and Chatties
which were of the said Edw^d Boteler at the time of his death in his hands to be
administred Suff^t to satisfie the Damages and Costs in the same Judgment
mentioned yet the said Thomas Cockshutt saith that after the Recovery afs^d
and before the Impetration of the Original Writ in this Cause to Wit, the
tenth day of August Anno Domi Seventeen hundred and Nineteen at Cal-