636 MARYLAND COURT OF APPEALS

Bordley in his lifetime the said Quantity of five thousand two hund^d and
Seventy Nine pounds of Tob^a and As to the Quantity of Eleven thousand
four Hund^d and four pounds of Tob" the remaining part of the said Sixteen
thousand Six Hund^d and Eighty three pounds of Tobacco he the said Fran-
cis Holland Did before the impetration and Exhibition of the writt afores^a
by the said att^ry Gen^ll ag^t the said John Stokes as Afs^d Viz^t: on the first Day of
July in the Year of Our Lord One thousand Seven hund^d and twenty Six in
Baltemore County afs^d offer unto the said Thomas Bordley in his lifetime the
said Eleven thousand four Hund^d and four Pounds of Tobacco the remaining
Part of the said Sixteen thousand Six Hund^d and Eighty three pounds of
Tobacco According to the forme and Effect of the Condition afs^d Without
that That he the Said Francis Holland Did assume Upon himself and to
the said Thomas Bordley Did Promise in Manner and form as the said attor-
ney Gen^ll by his replication afs^d hath alledged to pay to the said Thomas

Boidlcy the said Sixteen thousand Six Hund^a and Eighty tlncc Pounds of

Tobacco And this he the said [835] John is also ready to Verify Wherefore he
prays Judgment as before and that the said attorney Gen^ll on Behalf of the
Lord Propry the Action afs^d Against him the Said John from having may be
Precluded etc: And the afs^d Mich^ll Howard his said Lordships attorney Gen-
erall Saith that the plea afs^d of the said John Stokes in Manner and form afs^d
above by rejoyning pleaded and the matter in the same Contained Are Insuf-
ficient in Law him the said Att^ry Gen^ll to preclude from Maintaining and hav-
ing the Action afs^d thereof against him the Said John Stokes to which he the
same attorney Gen^ll hath no Need Nor by the Law of the Land is held in
Any Sort to Answer and this he is ready to verifie Wherefore for want of a
Sufficient rejoynder in this Part he the said attorney Gen^ll Prayeth judgment
and the Debt aforesaid Together with Damages Occationed by the Detention
of that Debt unto the said Lord Propry to be Adjudged.

And the afs^d John Stokes for that he hath Above in his rejoynder pleaded
alledged Sufficient Matter in Law to Barr the Afs^a Att^ry Gen^ll for the said
Lord Propry from having his Action Afores^t against him the said John Stokes
which he is ready to veryfie which matter the afs^d attorney Gen^ll hath not
Gaynsaied nor thereunto in Any wise answered But the same to Admitt for
true hath altogether refused As before prays Judgment and that the said Att^ry
Gen^ll from his Action Afores^t for the Said Lord Propry against him the said
John Stokes may be Barred etc:

Whereupon all and Singular the Premisses being by the Court here Seen
heard and fully Understood and Mature Deliberation thereupon had for that
it Seems to the Court here that the afs^d John Stokes hath Above in his re-
joynder Pleaded Alledged Sufficient Matter in Law to Barr the afs^d attorney
Gen^ll for the Said Lord Proprietary from having his Action afores^t against
him the said John Stokes.

Therefore it is Considered by the justices here the 15^th Day of October