562 MARYLAND COURT OF APPEALS

in a Quantity of Tob^o but hou [sic] much the Def^t Does not know for w^ch the
Compl^t Sued the S^d Brewerton to the best of this Deft^s remembrance to
March Somersett County Court Seventeen hundred eighteen and Nineteen
in Two Seperate Actions One at his own Suit and the Other at the Suit of
Co^l Whittington to W^ch Last Debt the Compl^t had an Assignm^t as this Def^t
hath been told and believes at W^ch Time Tob^o was valuable in Said County
that on the 25^th Day of Feb^ry immediatly Preceeding the Said March Court
the S^d Brewerton Came to this Def^t Desiring that he would lett him have
Seven Thousand Pounds of Tob^o to Discharge his Debt to the S^d Compl^t and
that he the S^d Brewerton would make over to this DeP a part of Tract of
Land Called Smiths Adventure in Satisfaction thereof to w^ch this Defendant
replyed that he Could not Serve him having Already disposed of What Tob^o
he had that year but at the Same Time advised the Said Brewerton to make
over his land to the Complainant for the payment of the Said tobacco to
which the Said Brewerton made [756] Answer that he would rot in prison
before the Complainant Caldwell Should have a foot of his land for that he
Intended to ruin him the Said Brewerton This Defendant further Saith that
on the Same twenty fifth day of February the Complainant came to the De-
fendants house Desiring to know if this Defendant would pay the Said to-
bacco to him the Complainant for the Said Brewerton that this Defendant
then told the Complainant that he could not do it that year and Write a note
Signifying the Same and Sent it by the Complainant to be delivered to the
said Brewerton, That this Defendant believes by the Method of the Said
Complainants proceeding Necessity did not Constrain to Sue the Said Brew-
erton nor was the Complt in Danger of loosing his Debt for that this Defend-
ant would have been bound for the payment of it the next year This Deft
further Sayth that at the request of the said Brewerton he became Special
Bail to the Said two Original actions and that if the Complainant had Pur-
sued the usual Process on the Said Judgments he could have recovered his
Damage and Cost of the said Brewerton or of this Defendant his Security
That in August 1719 the Complainant recovered final Judgments in three
actions Commenced agt the Said Brewerton and that at November Court
thereafter Brewerton in behalf of himself and of this Defendant his Security
tendered to the Complainant this Defendants order on the Sherriff for his
Damages and Costs recovered on Each of the s^d Judgm^ts This Defendant denys
any Combination with the Said Brewerton to defeat the Complainant of his
Debt and Costs recovered as afd or to Defeat any other person, The defend-
ant believes and hath heard that the Complainant transmitted the record of
the Judgments afd to the Provincial Court and that he had Judgment thereon
in the Said Provincial Court but what the Cost thereof is the Defendant does
not know the Amount that it is true as Set forth in the Complainants Bill
that he took out his Execution by Elegit which he had no occasion to do for
that he knew this defendant had promised to pay the Damages and Costs on