MARYLAND COURT OF APPEALS 447

Explanation of that part of it which Says (before any appeale was prayed to
the King and Council I believe the appeale from the Judgment at Law were
prayed before I had the bills Endorst me but the bills were not detained from
Powlson by any proceeding at Law for the Judgments at Law were Executed
by those bills given in Satisfaction [646] of part of those Judgments which
Execution and Satisfaction Powlson was Denyed the Benefitt of; by an Ex-
traordinary order of the then Chancellor in favour of Forward till the Matters
Should be heard in Equity The matter was heard in Equity and Given Ag^l
Forward who appealed from the Chancery Court to your Honour and high
Court of Appeals in Chancery where Forward Dismist his own Appeale this
was prayed before those bills were paid me which I think was in June 1723,
And the dismissall was Sometime afterwards what I desire you to Understand
of the above Expression is that they (the Bills) were payed me before any
appeale prayed from those Chancery proceedings to his Majesty and Councill
which were the only proceedings that Sloped Powlson from the Immediat use
of the Bills when first given; and if there be yet any Appeale prayed in that
Case its what is unknown or not Remembred by

Your Honours obedient Servant. Tho^s Bordley Feb^ry 2O^th 1724.
To his Honour the Governour.

This Day his Honour the Governour desired that his opinion in relation
to the bills by Captain Cockey on Jonathan Forward payable to Gilbert
Powlson and purchast by M^r Bordley of Powlson in June 1723 be entered on
the proceedings of this Court which is Accordingly ordered to be entered.

I am of Opinion As I was before in this Court when the Cause Was
depending between Forward and Powlson that Powlson could have no Just
right to the Bills while the appeale before the King and Council was De-
pending and that whoever purchases can purchase no more Right than the
Seller has to give him therefore I think those Bills Ought to be restored Since
the King in Council has reverst the Judgments of the Courts here.
February 20^th 1724 Cha. Calvert.

[D D:] Kcnclm Skillingtuu v [TB] William Turner Appeale; [J^:G:
D:D:] Hicks v Seward — petition and Appeale proceedings Lodged. Scire
facias ad audiendum Errores issued no return. Sc fa ordered to be renewed
unless return this Court, The aforegoing two Causes Continued untill next
Court.

The Court adjourns till the third tuesday of May next.

Test William Gumming Clk Court App¹"

At a Court of appeals held before his Excy the Governour and his Lord-
ships Honourable Council for hearing Appeals and Writts of Error at the
Port of Annapolis on the third Tuesday of May being the Eighteenth Day
of the Same Month Anno Dom 1725

[647] Present: His Honour Charles Calvert Esq^r Governour; The Honble
William Holland Esq^r; John Hall Esq^r; Philemon Loyd Esq^r; Co* Mathew