MARYLAND COURT OF APPEALS 399

Anno Domini 1722 aforesaid that the Said Thomas Gassaway recover Ag^t the
Said John Gresham Daniel Dulany and Thomas Humphrys his Debt af^a and
his Damages by Occasion of the Detaining of the Same debt to the Sume of
Nine hundred and thirty Nine pounds of Tobacco to the af^d Thomas Gassa-
way of his Assent by the Court here adjudged And the af^d John Gresham
Daniel Dulany and Thomas Humphrys in Mercy etc.

Afterw^as to Witt in the Same Court or Term the afores^t John Gresham
Daniel Dulany and Thomas Humphrys pray an appeale from the Judgment
of this Court So as aforesaid rendered to the high Court of Appeals Which
is granted upon giving Security for the Due prosecution thereof According
to Law

Thereupon Afterw^ds in the Same Court or Term the aforesaid John
Gresham Daniel Dulany and Thomas Humphrys together with James Go-
vane Gent and Charles Carroll Chyrurgeon both of Annarundell County
their Sureties Come into Court And Acknowledge themselves to Owe and
Stand Justly Indebted unto the Said Thomas Gassaway in the Sum of Thirty
five Thousand pounds of Tobacco to be Levied On their or Either of their
Bodys Goods or Chatties Lands or Tenements Joyntly and Severally to the
use of the Said Thomas Gassaway According to Law In Case the Said John
Gresham Daniel Dulany and Thomas Humphrys do not prosecute their Said
appeale with Effect According to Act of Assembly in that Case made and
provided.

In Testimony that the aforegoing is a true Copy of the proceedings in
the Cause ar¹ I have hereunto Set my hand and affixed the Seale of the Prov^l
Court this 18^th day of July Anno Dom 1722

per Vachel Denton Clk Cur pvin

And Now here this 17^th day of July Anno Dom 1722 Comes the Same
John Gresham Daniel Dulany and Thomas Humphrys into his Lordships
High Court of Appeals and Errors by the Said Daniel Dulany their Attorney
and Say that in the Record and process af^d [60S] and Rendering the Judg-
ment afores^t It is manifestly Erred Viz^t It is Erred in this that the Judgment
is rendered for the Said Thomas Gassaway ag^t the Said John Daniel and
Thomas Humphrys Whereas by the Law of the Land Judgment Ought to
have been rendered for them Against the Said Thomas Gassaway for which
and many other Errors as well in the Record and process as rendering the
Judgment aforesaid the Said John Daniel and Thomas Humphrys pray the
Judgment aforesaid be reversed and held for none and they to all things
thereby lost may be restored etc. And the Said Daniel Dulany prays his Lord-
ships Writt to forewarn the Said Thomas Gassaway to be before his Lord-
ships Governour and Council at Annapolis to hear the Record and process
aforesaid and it is Granted unto him Therefore Command is given to the
Sherriff of Annarundell County that he Should Make known unto the Said
Thomas Gassaway that he Should be and appear in the Said High Court of