542 MARYLAND COURT OF APPEALS

Broke and to perform the Same to the S^d Daniel hath refused and Still refuses
to the Damage of the Said Daniel Two hundred and fifty Pounds Sterling
and thereof be brings the Suit etc. Jn^o Doe and R^a Roe

And the af^d Pryor Smallwood by Daniel Dulany Comes and Defends the
force and Injury when etc. and prays Leave to Imparle hereunto Untill Next
Court and he hath it and the Same Day is given to the plaintiff also. At
Which Said Next Court To Witt the Nineteenth Day of Oct^r Anno Dom
1725 Come again the Said parties Plft and Def^t by their Attorneys af^d and the
Said Defendant by his Said Attorney prays further Leave to Imparle here-
unto Untill Next Court and he hath it and the Same Day is given to the Fif¹
also. At Which Said Next to Witt the i7^th Day of May Anno Dom Seventeen
hundred and Twenty Six Comes again as well the Said Daniel Bryon by his
Attorney as the Said Pryor Smallwood by his Attorney af^d and the Said Pryor
by his Said Attorney as before Defends the force and Injury when etc. and
Saith that the Said Daniel Bryon his Action af^a Ag^t him to have or mantain
Ought not because Protesting that the Said Pryor hath well and truly full-
filled performed and keept all and Singular the Articles Clauses and Cove-
nants Contained in the S^d Deed on his Part to be keept for plea the Said
Pryor Saith that as to his the Said Pryor his Standing Seized of the Said Land
Called S^t Bridgetts the Said Pryor Saith that at the Time of Sealing and De-
livery of the Said Deed he the Said Pryor Stood and was Seized of the Said
Land Called S^t Bridgetts with its Appurtenances in his Demesne as of fee
Simple and of this he puts himself upon the Country and as to the Power of
the S^d Pryor to Sell and Convey the Land in the Said mentioned Called S*
Bridgetts he the Said Pryor Saith that at the Time of Executing the S^d Deed
he had full and absolute power to Sell and Convey the §ame According to
the force and Effect of the Said Deed and of this he puts himself upon the
Country and the S^d Pryor as to the Tryall and Verdict in Said Declaration
mentioned Saith that there is not any Such Record of any Such Tryall or
Verdict as the Said Daniel Bryon by his Declaration af^d hath Supposed and
this he is ready to Verifye and Therefore prays Judgm^t if the S^d Daniel his
Action af^d Ag^t him to have or Mantain Ought etc. And the S^d Bryon Saith
that as to his the Said Pryor his Standing Seized of the S^d Land in his Demesne
of a fee Simple the Said Pryor puts himself on the Country and the S^d Bryon
Likewise etc. And as to the Power of the Said Bryon to Sell and assure the S^d
Lands in the S^d Deed of Indenture mentioned the Said Pryor puts himself
upon the Said Bryon Likewise etc. and as to the Tryall and Verdict in the
S^d Declaration mentioned the Said Bryon Saith that there Such Like Record
of Such Tryall and Verdict as the Daniel hath Supposed Viz^t of the Twenty
first Day of Sepf in the year One Thousand Seven hundred and Twenty four
as Appears by the Said Record now remaining in this Court and this he the
Said Bryon is ready to Verifie by the af^d Record etc.
[736] Whereupon for trying the issues af^d Command is given to the Sherr