294 MARYLAND COURT OF APPEALS

Samuel Perrie his surities acknowledge themselves to Owe and stand Sev-
erally and Justly Indebeted unto the said Thomas Cockshutt in the sum of
Ten thousand pounds of Tobacco to be levyed on their or either of their
Bodies goods or Chatties Lands or Tenements to the use of the said Thomas
Cockshutt according to Law In Case the said Daniel Dulany does not prose-
cute his said appeale with Effect according to Act of Assembly in that Case
made and provided.

In Testimony whereof the seale of the Provincial Court of Maryland is
hereunto affixt. [Provincial Seale]

Vachel Denton Clk.

[449] Afterwards to wit on the fourteenth day of October Anno Domi
Seventeen hundred and twenty his said Lordship came here into Court by
Thomas Bordley and Daniel Dulany his Attorneys and says that as well in the
Records and prosess as in the Rendring the Judgment afs^d It is manifestly
Erred.

1. It is Erred in this That the plea afs^d of the said Thomas Cockshutt
is insufP in Law to barr the said Lord Prop^r of the said Action in the Prov^ll
Court.

2. It is Erred in this that the Rejoynder of him the said Thomas is a
Departure from and Contradictory to his plea.

3. It is Erred in this That the Judgment afs^d was rendered for the said
Thomas Cockshutt against the said Lord Prop^r, whereas by the Law of the
Land Judgment ought to have been for his Lordship to recover his Debt afs^d
and his Damages Occasioned by the detention of that Debt for which Errors
and others in the record and process and rendring the Judgment afs^d the
said Attorney Gen^ll prays that the Judgment afs^d may be reversed and held
for none and that Judgm^t may be rendred for the said Lord Prop^r for his
Debt and Damages Occasioned by the detention of that Debt and That he
to the Errors afs^d may rejoyne

D Dulany

And the afs^a Thomas Bordley and Daniel Dulany pray his Lordships
Writ to forewarn the said Thomas Cockshutt to be before his s^d L^dships
Gov^rn and Councill at Annapolis to hear the Record and process afs^d and it
is granted to him therefore Command is given to the Sherr: of Calvert County
that he should make known to the said Thomas Cockshutt that he should
be before us in our high Court of Appeales to be held at the City of Annapolis
the third tuesday in April then next being the twentyth day of the same
month Anno Domi Seventeen hundred and twenty one to hear the Record
and Process afs^d if to him it should seem meet and the same day is given to
the said Thomas Bordley and Daniel Dulany to appear for us also.

At which said twentyth day of April before his L^dships high Court of
Appeales afs^d at the City of Annapolis afs^d as well the said Thomas Bordley
and Daniel Dulany who for us etc: as the afs^d Thomas Cockshutt by Michael