380 MARYLAND COURT OF APPEALS

by Vertue of which demise the same Edmond into the Tenements Land and
premisses af^d with the Appurtenances af^d Entered and was thereof possessed
as the said Plantiff in his Decleration above Supposes upon which said pos-
session of the said Plantiff afterwards the same Samuel in his Own right to
witt at the af^d time when etc: in the tenem^t af^d with the Appurtenances Re-
Entered and the af^d Plantiff from his farm af^d Ejected as for him was Lawfull.
Whereupon the Councill of the af^d PIP insisted that the matter af^d in Evi-
dence given where Sufficient in Law to prove that the Land and premisses
in question were intailed on the said Johannah Sewell and her heirs in fee
tail Generall and that the Def^t was Guilty of the tresspass and Ejectment
above supposed and pray'd of the af^d Justices of the Provinciall Court that
they might tell and Declare to the Jury af^d that the Evidence before given
on the part of Plantiff were Sufficient to prove the Defend^t Guilty of the
iresspass and Ejectment af^d nevertheless the Justices af^o altogether refused
so to do but informed the Jury a£^d that the Evidence af^d and the matter
therein Contained on part of the af^d plantiff were not sufficient in Law to
prove that the afores^d Def^t was Guilty of the Trespass and Ejectment af^d
whereupon the Jury af^d Gave their Verdict for the af^d DeP against the afd
PIP for which the said PIP for that that the Evidence given on part of the
Plantiff does appear Sufficient to maintain the Issue on the part of him the
said Plantiff and that the Evidence on part of the DeP does not appear Suffi-
cient to maintain the Issue Joyned on part of the Def according to the Ver-
dict af^d by his Councill af^d required the Justices of the Court af^d according
to the form of the Statute in such Cases made and provided to Seal this pres-
ent Bill of Exception Containing in it[s] Self the matter af^t on part of the af^d
Plantiff as is set forth in the said Exceptions Whereupon the same Justices
at the request of the af^d plantiff this Bill have sealed Dureing the sitting of
the Court on the same day the Tryall af^d was.

Samuel Young [Seale]

John Mackall [Seale]
W^m Lock [Seale]
Roger Woolford [Seale]

[585] But for that the Justices here as yet are not advised of their Judgment
of and upon the premisses and Verdit afsaid day thereof is given unto the
said parties to hear thereof their Judgm^t untill etc: for that the said Court as
yet are not etc.

Afterwards in the same Court or term to Witt the tenth day of April
Anno Domi 1722 af^d It is Considered by the Justices here that the said Ed-
mond Benson lessee of the said Henry Sewell and his Pledges of prosecut-
ing be in mercy etc: and that the said Samuel Howard go thereof without
day.

And it is also Considered by the Court here the same day and year last
mentioned That the said Samuel Howard recover against the said Henry