308 MARYLAND COURT OF APPEALS

the said James and Peregrine do Still refuse to the Damage of him the said
Richard one hundred thousand pounds of like Tobacco and therefore he
brings the Suit etc: And he brings here into Court the Writeing Obligatory
Af^d which testifies the Debt af^d in forme af^d whose date is the day and year
above said

f John Doc
Th Bordley per Quer pledg^s etc, 1 and

(Rich^d Roe

And the same James and Peregrine Frisby by Daniel Dulany their At-
torney come and defend the force and Injury when etc. And pray a hearing
of the same writeing Obligatory and it is Read unto them they also pray
a hearing of the Condition of the same writeing Obligatory afs^d and it is read
unto them in these words ss: The Condition of this Obligation is such that
if the above bound Thomas Frisby his heirs Ex^rs or Adm^rs shall well and
truely pay to the abovesaid Richard Bennett his heirs Ex^rs Adm^rs or As-
signes the full and Just sum of twenty Eight thousand one hundred and Sev-
enty pounds of good sound Merchantable leaf Tobacco in well Seasoned
Caske to Containe the same Convenient on my dwelling Plantation the
twelveth day of November next [471] Ensuing the date hereof then this Ob-
ligation to be void and of no Effect Otherwise to Stand and remain in full
force and Vetue.

Which being read and heard the said James and Peregrine Adm^rs as af"
by their Attorney come and defend the force and Injury when etc. and pray
leave to Imparle hereunto untill next Court and they have it and the same
day is given to the Pit. also.

At which said next Court (to wit) the i6^th day of September Anno Domi
Seventeen hundred and Eighteen Come againe the said Parties Pit and Def^t
by their Attorneys af^d and the said Def^to by their said Attorney pray further
leave to Imparle hereunto untill next Court and they have it and the same
day is given to the plantiff also.

At which said next Court to witt the 14^th day of April Anno Domi Sev-
enteen hundred and Nineteen Come againe the said Parties Plf^t and Def^ts by
their Attorneys af^d and the said Def^ts by their said Att^ry Pray further leave
to Imparle hereunto untill next Court and they have it and the same day is
given to the Plf^t also.

At which said next Court to wit the 13^th day of October Anno Domi
Seventeen hundred and Nineteen come againe the said James and Peregrine
Frisby Adm^rs as af^d by their said Attorney say That the said Richard his
Action afs^d Against them to have and maintaine ought not because they say
that they have fully Administred all and Singular the Goods and Chatties
Rights and Credits which were of the said Thomas Frisby at the time of his
death in their hands to be Administred Except Goods and Chatties to the
value of three hundred Sixty Six pounds thirteen shillings and ten pence