506 MARYLAND COURT OF APPEALS

purely as this Defendant believes for the Sake of giveing delay and Trouble
to this Defendant the Said Cockey and his Attorney well knowing the Said
plea to be false or at Least not having the least grounds to believe it True
as this Defendant Verily believes the Said Cockey haveing been advised (as
this Defendant both by Capt" Hyde and the Complainant from England)
that the S^a Bills were not paid to Which plea Nevertheless this Defendant
replyed Non payment and Insisted that the Issue Should be made up in Order
to Dispatch it to the Next Assizes which the attorney of the S^d Cockey and
Sureties to the best of this Defendants remembrance then promist to do pro-
vided he might have Some Time given him to rejoyn in Which Was Accord-
ingly given him till the Last day of July 1725 that dureing the Sitting of the
Said Prov^ll Court in May Last this Complainant in order to a further Delay
of the Suit betwixt this Defendant and the Said Cockey and his Sureties
moved the late Chancellor Rich^d Tilghman Esq^r for an Injunction to Stay
the S^d proceedings at Law but on a Long hearing of the Complainants Coun-
cell in Support of his Motion the S^a Chancellor was pleased to declare he
Could See no Cause for an Injunction in the Case and rejected the Motion
That Thereupon the S^d Councell instead of Forward [sic] the issue to the As-
sizes According to his promise fil'd as this Defendant has heard a Generall De-
murrer in Law to this Defendants Replication in Order as this Defendant
believes to a yet further Delay That for the Causes before Shewn this De-
fendant insists on his right to the S^a 828 Ib Sterling money from the Said
Cockey and Interest thereon till payment w^th which this Defendant Con-
ceives the Complainant hath Nothing to do to Intermedle Unless to gratifie
a great desire this Defendant hath the Compl^t hath Declared he had to have
a Suit Ag^t this Defendant that What has past betwixt the Said Complainant
and his factors or betwixt his factors and the S^d Powlson no ways Concern
this Defendant in Respect to the S^d Sum of money nor hath this Defendant
any affairs with the Complainant nor ever Combined unfairly with any per-
son Against him Unless his doeing his duty of an Attorney for his Client or
dischargeing the Trust of a faithfull Councellor to the best of his Knowledge
be Lyable to Such Imputation that this Defendant has [700] Heard and be-
leives the Complainant has Said that Powlson being a poor man and not able
to make him Satisfaction he must get it of his Attorney who was able. But
this Defendant declares that Notwithstanding Such the Complainants reason-
ing he verily thinks in his Conscience he hath an Indubitable Right to the
above Sum he hath Sued for Both in Law in Equity and this Defendant
further Saith that on or about the y^th of May 1723 when the High Court of
Appeals Affirmed the Judgment of the Provinciall Court the S^t Six hundred
Pounds Bills then being in the Custody of the Sherr of the County or his
Deputy in Order to be distributed Among the S^d Powlsons Creditors Accord-
ing to the Act of Assembly made for the Relief of himself and others the now
Complainant by his Councill moved the then Court of Appeals to make