316 CHASE v. MANHARDT.—l BLAND.

noticed in the argument, it is presumed was considered wholly
unimportant. It is not any where distinctly stated or shown from
what time Barney was to be considered as the tenant of Chase; but
it would seem, that it was from the first of April, 1812, as Barney
says he paid the whole of his rent to the end of his lease from that
day to the complainant Samuel Chase.

In October, 1808, the State for the use of Christian L. Man-
hardt, one of these defendants, obtained a judgment in Baltimore
County Court, against James Bryden, for the sum of $10,035.95,
to be released on the payment of $5,018.82, with interest from the
1st of October, 1803, and costs. Upon this judgment an attach-
ment was issued, and returned to March Term, 1809, laid in the
hands of John H. Barney as garnishee, and at March Term, 1811,
the sum of $1,002.40, was condemned in his hands, but without
costs. This attachment was renewed and returned to October,
1811, laid in the hands of John H. Barney, as garnishee, and
judgment was rendered against him for $494, without costs, at
March Term, 1812. An attachment was then again immediately
sued out on the same judgment; and, as it would seem, some time
previous to the 17th of July following, was laid in the hands of the
complainant Samuel Chase, and so returned to the ensuing Sep-
tember Term. This case was afterwards continued from term to
term, until March, 1817, when it was entered, "continued to await
the decision in a cause in Chancery." And at the following
338 September * Term, on the plea of nul tiel record, judgment
was rendered for the plaintiff; and an issue having been made up
on the plea of nulla bona, there was a verdict on it and judgment
rendered for the plaintiff on the 13th of October, 1817, against the
garnishee Chase for the sum of 89,326.62. Upon which judgment an
appeal was prayed and granted. And on the 29th of June, 1818,
the judgment was affirmed by the Court of Appeals.

It appears, that the complainant Chase was consulted as to the
nature of the papers and documents which he wished to obtain by
his contract of the 26th of March, 1812;—that they were prepared
and executed agreeably to instructions which he himself gave;
and after the attachment had been laid in his hands, on the 17th
of July, 1812, they were tendered to him; and offered to be deliv-
ered, upon his giving his notes for $6,000, payable in six months
thereafter; which notes he refused to give, because of the attach-
ment which had been laid in his hands as garnishee of Bryden;
choosing rather to wait its judicial termination. It was never pro-
posed to deliver the papers on obtaining judgment on the attach-
ment; nor did Chase ever offer to give or suffer judgment on receiv-
ing the papers; nor did he object in any manner to the sufficiency
of the deeds, that had been tendered. Indeed, so far from it, on
being expressly asked, if he had any objections to them, he replied
he had none.