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the said plaintiff has a complete remedy at law for the recovery of said claim if it in fact existed, that the same has no connexion with the partnership accounts and that more than five years have elapsed since the cause of action (if any) arose as a complete bar to the said demand as fully as if the objection were taken by demurrer or plea. This respondent recollects that he chartered the Brig Adams in the year 1836 and that he shipped his own timber on board said Brig to Boston - He recollects that he purchased in that year or the preceeding year from the said Williams and Dudley Whitehead the brother in law of said Williams some trees which were cut by his own hands from land belonging to Elles B Cooke who had sold the trees to the said Williams and Whitehead and it may have been that some of the timber cut off that land was shipped by the said Brig Adams but he distinctly recollects that he settled with the said Dudley Whitehead for the said trees and took his receipt - The said Whitehead is now dead and when this respondent was about removing from the State in the year 1844 he destroyed all his old receipts of more than five years standing so that he cannot now produce the receipt and he is therefore compelled to rely upon the statute of limitations as bar of any claim of more than five years standing and having fully answered he prays to be hence dismissed with his costs &c. T Taylor [Jr.?] Wm. N. Ivy

City of Norfolk to wit William [N.?] Ivy the respondent in the above answer this day made oath before me as Alderman of said City that the facts stated in the said answer so far as they depend on his own knowledge are true and as to the rest depending on the knowledge of others he believes them to be true Given under my hand and seal this 14th day of September AD 1846. S Hartshorn J.P Seal