MARYLAND COURT OF APPEALS 559

Bill alledges that one W^m Brewerton of Somersett County was Indebted to
him in a Considerable Quantity of Tobacco and that by the Instigation of
this Def^t he was hindered of the Same and that he Commenced his Action
or Actions at Law for the Same in Somersett County and Recovered his
Damages and Costs that he Removed a Transcript of the Record thereof to
the Prov^l Court and obtained a rule on the removall thither for Execution
to issue that he took out his Execution by Elegit in hopes to bring the S^d
Brewerton to a Complyance but that he by the instigation of this Def^t who
Combined w^th the S^d Brewerton the other Def^t was Defeat of his Just Due and
that the Def^t obtained fraudulent Deeds w^thout any Consideration from the
S^d Brewerton of the greatest part of his real Estate and all his personall Estate
and that thereby his Execution by Elegit as af^d was rendered ineffectuall to
w^ch Bill this Def^t Doth Demurr and for Causes of Demurrer Saith that the
DeP by the S^d Bill doth not Set forth that the Deeds af^d were granted Since
the Obtaining the Originall Judgmt by the Complt to Defeat him of the
Benefitt of his Execution for if before no fraud Can be Intended.

2^aiy Neither is this Def^t as he is advised Oblidged On Oath to Shew
any further Consideration than what is Expressed in the Deeds for that if
Such Deeds be w^thout Consideration the Complt well might have Extended
the Lands and Defeated this Defendants right by Action at Common Law.

3^dly That the Def^t by his Bill does not Say that he is w^thout remedy
Save in Equity in this Court neither is the Same under Councills hand as by
the rules and Constant Practice of this Hon'ble Court it ought for want
whereof the Same Bill Ought to be Disallawed .

[753] Wherefore for diverse other Errors and Imperfections in the Said Bill
Appearing this Def^t Does Demurr in Law thereunto and humbly Demands
the Judgm^t of this Hon^rble Court whether he Shall be Compelled to make
any Answer to the S^d Bill and prays to be hence Dismissed w^th his Costs in
this behalf wrongfully Sustained etc. W^m Cumming Per Def^t.

Thereupon this Cause Stands Continued Untill the 4^th Day of Dec^r
Anno Dom 1722 At w^ch S^d 4^th Day of Dec^r Come as well the S^d Compl^t by his
Councill as the Def^t Adams by his Councill and Ordered that the aforegoing
Demurer be Argued the i9^th Day of Feb^ry then Next Thereupon the S^a
Cause Stands Continued Untill the S" ig^lh day of Feb^ry at w^cn Time Comes
also the Deft Brewerton by his Council and Exhibited his Answer w^ch follows
in these words Viz^t

The Seperate answer of W^m Brewerton to the Bill of Complaint

of John Caldwell

The Def^t Saving to himself the Benefitt and advantage of Exception to
the Manifold uncertaintys and imperfections Contained in the Complain-
ants Bill Answereth and Saith he was Indebted to the Compl^t a Considerable
Quantity of Tobacco for Which the Compl^t Sued and as he believes had