398 MARYLAND COURT OF APPEALS

Same Writt be in all things allowed and ordered that the record be trans-
mitted Accordingly

In Testimony whereof the Seale of the Said County is hereunto Affixed
[Loco Sigilli] per Joh Beale O AA" Co^ty

And Now this day To Witt the io^th Day of Aprill Anno Dom 1722 af^d
Comes as well the Said Thomas Gassaway by Thomas Bordley his Attorney
as the Said John Gresham Daniel Dulany and Thomas Humphrys by Michael
Howard their Attorney before his Lordships Justices of the Prov^l Court here
Thereupon the Said John Daniel and Thomas by Michael Howard their At-
torney af^d defend the force and Injury when etc. And Say that the Said
Thomas Gassaway his Action af^d Against them to have or Maintain Ought
not because they Say that there is not any Such Record of the Recovery af^a
as the Said Thomas Gassaway in his Declaration af^d hath above Supposed
And this they are ready to Verifye and therefore pray Judgment if the Said
Thomas Gassaway his Action af^d Against them to have or Mantain Ought etc.

And the Said Thomas Gassaway Protesting that there is Such Record of
the Recovery af^a as the aforesaid Thomas Gassaway in his Declaration afore-
said hath above Supposed Saith that the plea aforesaid of the aforesaid John
Daniel and Thomas above pleaded and the Matter therein Contained are
not Sufficient in Law to preclude him the said Thomas Gassaway from having
his Action af^d ag^t the af^d John Daniel and Thomas and that he to the plea
aforesaid in manner and form as above pleaded hath no Need nor by the Law
of the Land is held to Answer And this he is ready to Verifye Wherefore for
want of a Sufficient plea in this part the Same Thomas Gassaway prays Judg-
ment and his Debt af^d together with the Damages Occasioned by the Deten-
tion of the Same Debt to him to be Adjudged etc.

And the aforesaid John Gresham Daniel Dulany and Thomas Hum-
phrys for that they have above in pleading Alledged Sufficient Matter in Law
to bar the af^a Thomas Gassaway from having his Action af^d ag^t them the Same
John Gresham Daniel Dulany and Thomas Humphrys which they are ready
to Verifyee Which Matter the aforesaid Thomas Gassaway hath not Gain-
Sayed nor thereunto in anywise answered but the Same to Admit for true
hath Altogether refused as before prays Judgment And that the aforesaid
Thomas Gassaway from his Action aforesaid Against him the Said John
Gresham Daniel Dulany and Thomas Humphrys be Barred etc.
[604] Whereupon all and Singular the premises being by the Court here
Seen heard and fully Understood and Mature Deliberation thereupon had
for that it Seems to the Court here that the plea of the af^a John Gresham
Daniel Dulany and Thomas Humphrys above pleaded and the Matter therein
Contained are not Sufficient in Law to preclude him the Said Thomas Gassa-
way from having his Action aforesaid ag^t them the Said John Gresham Daniel
Dulany and Thomas Humphrys

Therefore it is Considered by the Justices here the io^th day of Aprill