1788-01-15 (static/transcriptions/1788/01/115.jpg)

is what the Defendants would have wished.
It is true that in general Execrs are only exempted when Plfs; - but in this they stand in the light of Plfs; the Defendts in Equity.
And he quoted some cases in support of this, but that which seemed most analogous, if any one of them was so, is wt the Cot says in Wyvil vers: Stapleton 1 [ILL] 617. At Com: Law there were no costs upon any writ of error; and 3 H. 7. C. 10 and 8 W. 3. C. 11. extend only to the case of affirmance of a Judgement, and that very reasonably; for why should any man in the case of a recusal pay costs for the error of the Court below. We are in the case to give such judgement as the court [ILL] should have given, that is judgement for the plaintiff, with [ILL] costs to that
time