MARYLAND COURT OF APPEALS 307

I send in a Certaine record to this Writt Annext as within We are Com-
manded Sam, youngs

[469] MARYLAND ss^t In the Records and Proceedings of the Provincial
Court amongst other things is contained as follows (Viz^t)

MARYLAND ss^t. Att a Provinciall Court held at the

City of Annapolis in Annarundell County for the Prov-

[Provinll] ince of Maryland on the Second tuesday in October being

j 5^oV,^m 1 the thirteenth day of the Same month in the fourth year

L ^seale J of the Dom" of the Right Hon^Me Charles absolute Lord

and Propry of the Provinces of Maryland and Avalon L^d

Baron of Baltemore etc. Annoque Donii 1719.

Present: The Hon^ble Coll^o W^m Holland; L^{t/SUP> Collo Samll Young; Collo Richard
Tilghman; James Stoddart Esqr, Justices; Stephen Warman Sherr: Vachel
Denton Clk.}

[TB:] Richard Bennett v [DD:] James Frisby and Peregrine Frisby
Adm^rs of Tho^s Frisby

MARYLAND ss^t James Frisby and Peregrine Frisby both of Cecill County
Gentⁿ Adm^rs of all and Singular the goods Chatties Rights and Credits which
were of Thomas Frisby late of the same County Gent: deced otherwise lately
called Thomas Frisby of Cecill County Gent where [sic] Summomed to an-
swere unto Richard Bennett Merch^t of a plea that they render unto him the
sum of fifty Six thousand Eight hundred and forty pounds of good Sound
Merchantable leaf Tobacco in well Seasoned Caskes which from him the [sic]
unjustly detaine etc.

And whereupon the same Richard Bennett by Thomas Bordley his At-
torney saith that whereas the same Thomas in his Life time to witt the nine-
teenth day of October Anno Domi Seventeen hundred and fifteen at Ann-
arundell County by his Certain writeing Obligatory granted himself to be
held and firmly [470] bound unto the same Richard Bennett in the sum of
fifty six thousand Eight hundred and forty pounds of good Sound Mer-
chantable leaf Tobacco in well Seasoned Cask to be paid to him the said
Richard when he should be thereunto required Nevertheless the same
Thomas in his Life time and the afs^d James and Peregrine after the decease
of the same Thomas (to whom adm^rtion of all and Singular the goods and
Chatties Rights and Creditts which were of the said Thomas at the time of
his Death in due forme of Law was Committed) altho offten required the
af^d fifty six thousand Eight hundred and forty pounds of Tobacco to the
same Richard have not yet rendred not [sic] hath any of them rendred but
the same to him the afs^d Thomas in his life time and the afs^d James and
Peregrine since his decease hitherto to render have altogether refused and