MARYLAND COURT OF APPEALS 581

Causes in Equity for an Appeale from the S^d Decree in Chancery to this
Court being all read and the Allegations of both Parties Thereupon being
fully heard the Said Alexander Adams by his Council af^d repeated his former
reasons of Appeale from the Said Decree in Chancery and Prayed that the
S^d Decree might be reverst Whereupon the Question being put Whether
the Originall Bill in Chancery Was Sufficient to ground any final Decree
thereon other then to Examine Evidences in perpetual Memory it was Re-
solved in the Negative And thereupon this Court Order and Adjudge the
Decree in Chancery to be reverst and that the S^d John Caldwell restore and
pay unto the S^d Alexander Adams Eight Thousand Three hundred and
Eighteen Pounds of Tob^o the S^d Caldwells Cost in the Said Court of Chancery
there Adjudged to him and that the S^d Caldwell Likewise restore and pay
unto the S^d Adams four Thousand Pounds of Tob^o the Damage adjudged
to the S^d Caldwell in the S^d Court of Chancery Together w^th three Thousand
Seven Hundred and forty three pounds of Tob^o the S^d Adams own Costs in
the S^d Court of Chancery w^th the S^d Adams Cost of Suit in this Court and
that Execution issue for the af^d Severall Sums Accordingly.

It is the Opinion of this Court that the S^d Caldwell if he thinks fitt may
proceed on his Judgm^ts at Law Ag^e the S^d Brewerton and have the full Bene-
fitt of the Severall Answers and Examinations of Evidences in the S^d Court
of Chancery as in Cases where Bills are Exhibitted to Examine Evidences in
perpetuum rei Memoriam to Avail him as in Law and Equity it Ought.

The Court Adjourns to the Thursday before the Second Tuesday of
February being the Sixth Day of the Same Month

Test William Gumming

[775] At a Court of Appeals and Err^rs: Held Before his Excellency The
Governour and his Lordships Honourable Council on the first tuesday of
February being the Sixth day of the Same Month Annoque Domini 1728/9
Present: His Excellency the Governour; The Honourable Philemon Lloyd
Esq^r; Richard Tilghman Esq^r; John Hall Esq^r; Mathew Tilghman Ward
Esq^r; Benj Tasker Esq^r; Charles Calvert Esq^r, of the Council.

The Court adjourns till to Morrow Morning ten a clock.

Friday February the 7^th 1728/9 The Court Met according to adjourn-
ment All Except Charles Calvert Esq^r Who is absent

This day it wits Certifyed by Ills Excellency trie Uovernour That the
Honourable Edwd Calvert Esq^r had taken the Severall oaths to the Govern-
ment as directed by Law as a member of his Lordships Honourable Council
who thereupon took his Seat in the Court of Appeals: Whereupon his Excy^H
the Governour and the members of the Council Present took the Oath of
Justice as directed by Act of Assembly.

The Court adjourns till 5 aclock in the afternoon The Court met
according to adjournment. The Court adj^os till to morrow Morning Nine
a clock.