MARYLAND COURT OF APPEALS 571

Robert Martin of Somersett County Sworn and Examined on the part
of the Compl^t Saith as follows Viz^t

That in the year 1719 he this Dep* was Sherr of Somersett County and
that then the Complainant Obtained Execution by Elegit from the Prov^l
Court for about Thirteen Thousand Pounds of Tob^o ag^t the Def Brewerton
and Directed to the Deponent and that when he went to Execut the S^d Writt
he went to the Def^t Brewertons house and Desired his Wife to Shew him the
S^d Brewertons Goods but Could get None the S^d Dep^t further Saith that he
Afterw^dB went to Lay out the Land mentioned in the return of the Said
Writt whereto the S^d Dep^t prays Leave to referr for Certainty as a part of
Brewertons Lands for the use of the Complainant to Satisfie the S^d Execution
and the DeP Came and Shewed the Dep^t a Deed for that Land and ordered
him not to proceed any further upon it but that the Said Depon^t did pro-
ceed to Execute the S^d Writt thereon and Summoned the Said Adams at
req¹ of the Comp^ll as Garnishee and further Saith not.

Jos. Pemberton, Levin Gale, Jn^o Handy

Depositions of Wittnesses taken at the house of Thomas Gillis in Somersett
County upon the 29* day of June 1724.

Will^m Hayman of Somersett County Aged about 50 years Sworn and
Examined on the part of the Def^ts Saith as follows Viz^t.

1 That he hath heard the Compl^e Say that he hath Lent the Defend*
Brewerton Tob^o and Would either tak his Land or Tob^o again but that he
hath often heard the Deft Brewerton Say that the Comp" had Lent him
Tob^o till he knew he Could not pay him and then would have his Land upon
his own Terms

2 That the Def^t Brewerton hath Severall times told the Deponant after
August Court 1719 that he had Conveyed to the Def^t Adams Sixty Acres of
Land w^oh was to be Valued by Capt" John Jones and Jn^o Roache and What-
ever Value they put upon it the S^d Adams was to pay the Said Brewerton for
it The Depon^t further Saith that when the Said Brewerton was Arrested by
virtue of a writt Sued out by the Compl^t ret to August Court 1719 he Applied
himself to the Def^t Adams to be bound for his Appearance etc. but the S^a
Adams refused and Brewerton was much enraged at it and further Saith not.

Jos. Pemberton Levin Gale

[765] Alexander Hall Late Clk of Somersett County aged about Sixty
Sworn and Examined on the part of the Def^ts Saith as follows

That while he was Clk of Somersett County Court he very Seldom men-
tioned upon the back of Deeds given him to Enrole the Time of his receiv-
ing them or indeed any thing more then the Day and year he entered them
upon the Record and the place where and further Saith not.

Jos. Pemberton Levin Gale.