1778-11-05 (static/transcriptions/1778/11/011.jpg)

1778. 4 Term. [Thursday] Nov. 5.

unless cause should be shewn to the Contrary.
Mr. Tilghman, Now came to shew Cause.
He shew’d by Affidavits of Mr. Killican and Mr. Uvedale his Attorney that there was no imposition on Mr. Marquet in the Warrant of Attorney, but that it was executed by her because Mr. Naylor her Attorney, as Mr. Uvedale told her, detain’d the other Power of Attorney she had executed with design to give a preference to some other Client of Mr. Tolfrey and Mr. Naylor rather than to Mr. Killican to whom she intended to give a preference.
He insisted that the Judgment being regular, as was admitted by moving against the execution only, and not against the Judgment, the Execution, could not be set aside, for that we could not take notice of any thing out of the Record, and to prove this he cited Dawson v Bailey 1st Sid: 3379.
We were of Opinion that we ought to consider the power of Attorney, and the
/ Defeasance