396 MARYLAND COURT OF APPEALS

unto Thomas Gassaway of a plea that they render unto him Twelve Thou-
sand Six hundred and fifty four pounds of Tobacco which to him they Owe
and unjustly detaine etc. And that thereof he Should not fail etc.

And the Said Thomas Gassaway by Thomas Bordley his Attorney de-
clares against the Said John Gresham Daniel Dulany and Thomas Hum-
phrys in the plea aforeSaid as follows Viz^t

ANNARUNDELL COUNTY ss. John Gresham of Annarundell County Esq^r
Daniel Dulany of Annarundell County Esq^r and Thomas Humphrys of Ann-
arundell County Gent, als dicti John Gresham Daniel Dulanys and Thomas
Humphrys were Summoned to answer unto Thomas Gassaway of a plea that
he render unto him Twelve Thousand Six Hundred and fifty four pounds of
Tob^o which to him he Owe and Unjustly Detaine. etc.

And Whereupon the Said Thomas Gassaway by Thomas Bordley his At-
torney Saith That whereas the aforesaid John Gresham Daniel Dulany and
Thomas Humphrys the Twenty third Day of September Anno Domini hun-
dred [sic] and Twenty Came before Daniel Mariarte of Annarundell County
Gent then and yet Chief Justice of his Lordship the Right Hon^ble the Lord
Proprietary the County Court of Annarundell hereat in Annarundell County
aforesaid in their proper persons And did then and there Confess Judgment
unto the Said Thomas Gassaway for the aforesaid Sume of Twelve Thousand
Six hundred and fifty four Pounds of Tobacco which Said Sum was recovered
in the Land Comission Court on the Thirteenth Day of September aforesaid
And the Same Should be Levyed on their bodys Goods or Chatties Lands or
Tenements for the use of the Said Thomas Gassaway the Said Tobacco as
aforesaid Recovered Against him with the Additional Costs thereon On the
tenth Day of November then Next as by the Said Confession Amongst the
Records of the Same County Court Remaining More fully Appears And
the Said Thomas Gassaway in fact Saith that the Said John Gresham Nor
the Said Daniel Dulany Nor Thomas Humphrys nor any of them the Said
Twelve Thousand Six hundred and fifty Four pounds of Tobacco nor any
part thereof to the Said Thomas Gassaway hitherto hath not Satisfyed nor
paid According to the form of the Confession af^a whereby Action hath Ac-
crued to the Said Thomas Gassaway to have and require from the af^d John
Gresham Daniel Dulany and Thomas Humphrys the af^d Twelve Thou-
sand Six hundred and fifty four pounds of Tobacco Nevertheless the John
Gresham Daniel Dulany and Thomas Humphrys or any of them Altho often
thereto required the Said Twelve Thousand Six hundred Pounds of To-
bacco to the Said Thomas Gassaway have not rendered but the [602] Same
to him to render have refused and Unjustly detain Whereupon he Saith he
is the Worse and hath Loss to the Value of five Thousand pounds of Tobacco
And thereof he brings the Suit etc.

pledges etc. Jn^o Doe and Richard Roe