
    MAY TERM, 1786.
    State of Maryland against Nicholas Rogers and wife, heiressof Archibald Buchanan.
    THIS was a scire facias, issued in virtue of the act of 1781, c. 23. entitled “ an act to secure the certain redemption of the bills of credit emitted by this state, and. for which confiscated British property was pledged,” on the 31st March, 1786, on a bond passed to the state by Archibald Buchanan the ancestor, on the 4th February, 1782, in the penalty of 5,000/. state continental money, conditioned for the payment of 2,500/. like money.
    The defendants pleaded, that Archibald Buchanan the-ancestor was indebted to Thomas Cockey Dye in the sum of 1,430/. current money, for which debt he gave his bond to the said Dye, on the 4th of April, 1785. That on the 17th of September, 1785, the said Dye brought an action of debt on the bond, in the General Court, which action was then depending and undetermined.
    The Attorney-General, demurred to this plea.
   The Court gave judgment on the demurrer for the State, on the ground that the State had a preference.  