MARYLAND COURT OF APPEALS 439

Present: The Hon^ble Sam^l Young Esq^r Chief Justice; Thomas Addison;

James Stoddart; John Mackall; William Lock, Esq^rs Justices.

Zach^a Maccubbin Gent Sherr Vachel Denton Cl

[D:D:] Our Sovereign Lord the King v [T:B:] Henry Ennalls

MARYLAND ss^t Henry Ennalls of Dorchester County Gent Otherwise
called Henry Ennalls of Dorchester County was Summoned to answer unto
our Sovereign Lord the King that now is of a plea that he render unto him
the full and Just Sum of Eight hundred Pounds Sterling Currant money of
England which to the Said Lord the King he Oweth and Unjustly Detaineth.
And Whereupon Daniel Dulany Esq^r his Lordships Attorney Generall of the
Province af^d who for the Said Lord the King in this behalf prosecuteth Saith
That whereas the Said Henry the thirtieth day of July Anno Dom Seventeen
hundred and Eleven at Dorchester County af^d by his Certain Writeing Ob-
ligatory granted himself to be held and firmly bound unto her late Majesty
Queen Anne of Great Brittain etc. in the af^d Eight hundred Pounds Sterling
to be paid to the Said Lady the Queen her Heirs and Successors when he
Should be afterw^ds thereunto requested Nevertheless the Said Henry Ennalls
altho often thereunto requested the Said Eight hundred Pounds Sterling or
any part thereof to the Said Lady the Queen or to the Said Lord the King
hath not rendered or paid but the Same to the Said Late Lady the Queen
and the Said Lord the King that now is to render or pay hath hitherto denyed
and Gainsayed And the Same to the Said Lord the King to render Still doth
Deny and Gainsay to the Damage of the Said Lord the King One hundred
Pounds Sterling And this for the Said Lord the King the Said Attorney Gen-
erall is ready to Verifye and the Said Attorney Generall brings here into
Court the Writing Obligatory af^d which Testifyes the Debt af^d in form af^d
Whose Date is the Day and year above Said etc.

And the Said Henry Ennalls by Thomas Bordley his Attorney Comes
and Defends the force and Injury when etc. and prays a hearing of the Write-
ing obligatory af^d and it is read unto him and he prays a hearing of the Con-
dition of the Same Writeing which is read unto him in these Words Viz^t
The Condition of the above Obligation is Such that if the above bound
Hugh Eccleston Ex^r of the last Will and Testament of Hugh Eccleston of
Dorchester County deced do make or Cause to be made a true and perfect
Inventory of all and Singular the Goods Chatties and Creditts of the Said
deced (appraised in money) and the Same So made do Exhibit or Cause to
be Exhibited into the office for probat of Wills etc. at or before the first day
of November next Ensueing And the Same Goods Chatties do well and truly
administer Viz^t do pay the Debts of the Said Deced which he did Owe at the
Time of his Decease So farr forth as the Said Goods Chatties and Creditts
Will Extend to and the Law will Charge and further do make or Cause to
be made a true and Just Account of and upon [640] his Said Administration