MARYLAND COURT OF APPEALS 637

Anno Donv. 1728 aforesaid that the said Mich^ll Howard his Lordships attor-
ney Gen^ll who for his Lordship Prosecuteth take nothing by his Writt afores^d
and that the said John Stokes go thereof without Day etc:

Afterwards in the Same Court or term Edmond Jennings Esq^r Suggests
to the Court here that the Said Ariana Bordley Executrix afores^t is Since
Married to him the Said Edmond And Thereupon the said Edmond Jennings
Prays an Appeale from the Judgment of this Court in the Premisses afs^d
[836] To the High Court of Appeals which is Granted and ordered that
the Record thereof be transmitted Accordingly.

In Testimony that the aforegoing is a true Copy taken from the Records
of the Provinciall Court the seale of the said Court is hereunto affixed this
fourteenth Day of May Anno Domini 1729. [seal]

Per Vachel Denton Clk Cur: Provin:

Afterwards To Witt on the 19^th Day of May Anno Dom: 1729 Before
his Lordship Court of Appeals and Err" at the City of Annapolis Comes
Mich^l Howard his Lordships attorney Gen^l Who at Request of the said Ed-
mond Jennings and his wife Executrix afores^d And saith that in the Record
and Process Aforesaid As also in rendering the Judgment afs^d it is Mani-
festly Erred in this that by the Record afs^a It Appeareth that the Judgment
afs^d was rendered for the afores^t John Stokes against the same Lord Propry
whereas by the Law of the Land that judgment Ought to have been ren-
dered for the afores^d Lord Propry ag^t the said John Stokes. It is Erred also
in this that whereas by the Record Afores^t it Appeareth that the judgment
afs^t was rendered that the afs^d John Stokes Should go thereof without Day
Nevertheless judgment should have been rendered, That the said Lord Pro-
prietary should Recover against the Said John Stokes the Debt afs^d And the
Damage Occasioned by Detaining the Same Debt, Therefore it is therein
Manifestly Erred And the same attorney Generall Prayeth that for those
Errors and other Err™ in the Record and Process afs^d Appearing the Judg-
ment afs^d may be reversed Annulled and Altogether held for none, and that
as well the afs^t Lord Propry as the said Ariana to all which they have Lost
by Occasion of that judgment may be restored And that Such judgment may
be rendered in this Court for the said Lord Propry As by the Law of the Land
Ought to have been rendered for the same Lord Propry ag^t the said John
Stokes in the said Provinciall Court And that the afs^t John Stokes to those
Errors may rejoyne etc" — M. Howard — And the said att^ry Gen^ll prays his
Lordships Writt Directed to the Sherriff of Baltemore County to forewarn
the said John Stokes to be and Appear before his Lordships Governour and
Council at Annapolis the Second Wednesday of July then next being the
Ninth Day of the same month to hear the Errors Assigned Upon the Judg-
ment aforesaid if to him it should Seem Meet And the same Day is Given to
the same John Stokes Also. On Which said Second Wednesday of July Anno
Dom 1729. before his Lordships High Court of Appeals afs^d held at the City