MARYLAND COURT OF APPEALS 299

time was then and there found in Arrear towards the said Daniel in two thou-
sand fifty and one pounds of Tobacco for the recovery whereof the same
Daniel afterwards (to wit) the seventeenth day of March Anno Domi Seven-
teen hundred and Eighteen at a County Court held at Calvert County afs^d
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: Ex^r of the Testamant and last Will of Edward Bote-
ler of Calvert County Gent: deced in a plea of Trespass upon the Case
wherein it was so farr proceeded that the same Daniel afterward (to wit)
the sixteenth day of June Anno Domi Seventeen hundred and 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 Lingan Ex^r 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 Charge about his said suit laid out and Expended to be levyed
of the goods and Chatties which were of the said Edward in the hands of the
said Thomas 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 whereof he was
Convict, And the said Attorney Gen^ll further saith that severall goods and
Chatties which were of the said Edw^d at the time of his Death before the Im-
petration of the Originall writ 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 Satisfied the Damage and Cost afs^d (to
wit) at Calvert County, and that after the recovery afs^d and before the Impe-
tration of the Originall Writ in this Cause (to Wit) the tenth day of August
Anno Domi: Seventeen hundred and Nineteen at Calvert County afs^d and
offten before and after the said Thomas was by the said Daniel requested to
[456] pay and Satisfie unto the said Daniel the Damage and Costs afs^d but
the same Thomas the s^d damage and Cost or any part thereof hath not satis-
fied but the same unsatisfied and unpaid Still remaineth, and this the said
Attorney Gen^ll is ready to verifie and therefore prays Judgment for the Debt
afs^a together with the damage and Cost Occasioned by the detention of that
Debt to be to him Adjudged etc.

And the said Thomas Lingan Saith that true it is the said Daniel Dulany
in the Replecation afs^d mentioned Obtained the Judgm^t in the said Repli-
cation mentioned as the said Attorney above by pleading hath Alledged and
that the said Thomas Lingan at the time of the Obtaining the Judgm^t afs^d
to Wit at Calvert County afs^d had of the goods and Chatties which [were] of
the said Edw^a Boteler at the time of his death in his hands to be administrd
Suff^t to Satisfie the Damages and Costs in the same Judgm^t mentioned yet
the said Thomas Lingan saith that after the recovery afs^d and before the Im-