1787-11-03 (static/transcriptions/1787/11/023.jpg)

of different kinds amounted to 218. The Deft paid into Court 50 SR the Plfs to avoid Litigation accepted that sum & took it out of Court; & then go to their costs taxed & demanded them but Defendt refused to pay the costs, and the Plf has proceeded in his action as, by the 37th Rx of Court, he has a right to do.

On this state of the case an question arose, whether the Plf ought to have proceeded in his suit, & what he must prove at the Trial. The Rx drawn issued from the Prothonoty’s office in the present cause is only this “It is ordered that Deft in this
cause