MARYLAND COURT OF APPEALS 391

pleaded nor Shews how the Eight Thousand Seven hundred and Sixty Six
pounds of [596] Tobacco in the Replication mentioned became due or that
the Said Thomas Gassaway received the Said Tobacco or that he was Sheriff
at the time of Such Conversion and also for that the whole Replication is in-
sufficient in Law and repugnant thereto. And the aforesaid John Gresham

for that he hath above declared Sufficient matter in Law to have and Man-
tain his Action aforesaid against the above Thomas Gassaway which he is
ready to Verifye which Matter the aforesaid Thomas Gassaway doth not gain-
say nor thereunto in anywise answer but that Averment to admit hath alto-
gether refused the Same John Gresham prays Judgment for the Debt afore-
said and his Costs and Damages Sustained by Occasion of the Detention of
the Same Debt to him to be adjudged etc. Whereupon all and Singular the
premisses being by the Court here Seen heard and fully understood and
Mature deliberation thereon had for that it Seems to the Court here that the
Said John Gresham hath not above declared Sufficient Matter in Law to have
and Mantain his Action aforesaid Against the Said Thomas Gassaway

Therefore it is Considered by the Justices here the i6^th Day of Septem-
ber Anno Dom 1718 that the Said John Gresham take Nothing by his Writt
aforesaid but be in Mercy for his false Clamour and the Said Thomas Gassa-
way go thereof Without Day etc.

And also it is Considered by the Justices here the Day and year Last

mentioned that the Said Thomas Gassaway recover against the Said John

Gresham the Sume of Eleven hundred and Sixty three pounds of Tobacco by
the Court here Adjudged unto him for his Costs and Charges by him about
his defence in this behalf Laid out and Expended According to the form of
the Statute etc.

In Testimony that the aforegoing is a true Copy of the proceedings in
the cause aforesaid I have hereunto Set my hand and affixed the Seale of the
Said Provincial Court this i8^th day of July Anno Dom 1722

Vachel Denton CH Cur Pvin

Afterwards To Witt on the Same Seventeenth Day of July Anno Domini
Seventeen hundred and Twenty two in the Same writt mentioned Comes
hereinto Court the af^d John Gresham by Daniel Dulany his Attorney and
Says that on the Record and process aforesaid and rendering the Judgment
aforesaid it's Manifestly Erred It is Erred in this that the Judgment aforesaid
is rendered for the Said Thomas Against the Said John Whereas by the Law
of the Land Judgment Ought to have been rendered for the Said John to
recover his Debt aforesaid and his Damages Occasioned by the Detention of
the Said Debt Against the the [sic] Said Thomas For which and many other
Errors in the Record and process aforesaid the Said John Prays that the
Judgment aforesaid [597] be reversed and held for None and that he to all
that he thereby lost may be restored. And the Said John Gresham by his
Attorney aforesaid prays his Lordships Writt to forewarn the Said Thomas