MARYLAND COURT OF APPEALS 643

Saith that the Afs^d Francis Holland as Sherriff of the said County Afterwards
To Witt the tenth Day of August Anno Dom: Seventeen Hundred and
twenty Two At Baltemore County Afs^d Was Indebted Unto the Afs^d Thomas
in his Lifetime in the Sum of Sixteen thousand Six Hundred Eighty And
three pounds of Tobacco Upon a Certain Reckoning Between the said
Thomas in his Lifetime And the Afs^d Francis Holland as Sherriff of the Said
County before that time had and Made for Divers Other [842] Sums of To-
bacco by the same Francis As Sherriff of the said County During his said
Continuance in the said Sherriffs office to the Use of the said Thomas had
and Received And so thereof being Indebted the Afores^d Francis Holland
Afterward To Witt the same Day and Year last mentioned at the County
afores^t In Consideration thereof Upon himself Did Assume And to the Same
Thomas Bordley in his lifetime then and there faithfully did Promise that
he the Afs^d Francis Holland the same Sixteen thousand Six Hundred Eighty
and three pounds of Tobacco Unto the same Thomas Bordley Well and faith-
fully Would pay and Content Nevertheless the afs^d Francis Holland his
promise and assumption Afs^d Nothing Regarding But minding and fraudu-
lently Intending the afores^d Thomas Bordley in his Lifetime And the afores^d
Ariana After the Death of the same Thomas Bordley In this part Craftilly
and Subtilly to Deceive and Defraud the Afores³ Sum of Tobacco last Men-
tioned or Any pound thereof Unto the Afs^a Thomas in his Lifetime or Unto
the Same Ariana after the Death of the said Thomas hath Not Paid or in Any
sort Contented, According to the Tenour of the Condition Afs^d (altho¹ that
to Do the afs^d Francis Holland After the promise and Assumption Afs^d Made
To Witt the Ninth Day of September Anno Dom: Seventeen Hundred
Twenty and Two and often before and Afterwards by the said Ariana After
the Death of the said Thomas Bordley To Witt the Eleventh Day of Octo-
ber Anno Dom: Seventeen Hundred Twenty and Six at the County Afs^d Was
required (But that Unto them to Pay or Anywise to Content Altogether hath
Refused And that Unto the same Ariana to Pay or Anywise to Content Still
Doth refuse Contrary to the forme and Effect of the Condition Afs^d And this
the said Attorney Gen^tt is ready to Verifie Wherefore the said Lord Propry
he Prayeth Judgment for the Debt afs^d And the Damage Occasioned by De-
taining the Same Debt unto the said Lord Propry to be Adjudged etc: And
the same Attorney Gen^ll bringeth hereinto Court the Letters Testamentary
of the Afs^d Thomas Bordley Whereby it will fully Appear to the Court here
that the said Ariana is Executrix of the Testament Afs^d of the said Thomas
Bordley And that thereof She hath Admtion etc: With this that the afs^d at-
torney Gen^ll Doth Verifie that the Afs^d Thomas Bordley in his Lifetime al-
ways hath been An Inhabitant of the Afs^a Province And that the said Ariana
att all times hitherto hath been and Still is an Inhabitant of the Same Prov-
ince To Witt at Baltemore County Aforesaid etc:

And the said Roger saith that true it is the said Francis Holland as Sher-