.MTY3Njg.NjY1MDE

From Transcribe Wiki
Revision as of 10:31, 25 May 2019 by Scripto (Talk | contribs)

Jump to: navigation, search

ever since he the said Philip had taken the complainant into his possession, by purchasing up all the claims in his power against this Deft. & Harrassing him thereon with prossecutions & exciting others to do the same, that instead of this Deft. having commenced suits against John Patton & George Jones, whose wives were material witnesses for the complainant as stated in the affidavit of the said Philip - That the said Philip purchased pretended claims of those persons against this Deft. with no other view than to harrass him as he verily believes. That when the said Philip commenced suits in their names against this Deft. & they being informed thereof promised this deft. that they would dismiss them that the said Philip had brought them without their knowledge or consent. This deft. begs leave to state, that these suits were brot on the 16th. of March 1807 - & to prevent their being dismissed prevailed on these timed people (as he calls them in his affidavit) to execute a power of attorney to him on the 28th of June in the hear 1808 And on the 9th day of July following made oath before John Evans esqr. that he had these suits brot for his benefit. And made these poor timed plaintiffs believe that if they did dismiss the said suits that he the said Philip would prossecute them, as this Defendant was informed by the sd. plaintiffs & which he verily believes, or words to that effect. This defendant begs leave to refer to copies of the writs & affidavit, certifey the Deputy Clerk of Wythe & the power of attorney 11 Certified by the Deputy Clerk of Grayson. As also a bill of Injunction Cetified by the sd. Deputy Clerk of Wythe all of which he prays may be taken as part of his answer. This Defendant begs leave further to state that whenever the said Philip was informed that this defendant was about to go any where, that he would immediately notify this Deft. that he the said Philip would take depositions on the day this deft intended to start, & by this means was so harrassed that for a considerable time this deft. could do nothing - still expecting that he the said Philip had obtained commissions for that purpose - of these kind of notices, this deft. believes he has received between forty & fifty before he was informed of their illegality. This Deft. also begs leave to state, that he duly notified the said Philip that he this deft. would attend at the house of Samuel Porter in Wythe County on a certain day to take testimony in the suit of the complainant against this deft. relative to an injunction. That the sd. Philip immediately notified this defendant that the he the sd. Philip would take testimony the day before, at Grayson Courthouse where this Defendant attended. That the sd. Philip kept this Deft. there waiting 'till a short time before sun set - & then as this deft. verily believes to prevent him from getting security - swore the [illegible] against him & had him put in custody, where he remained untill William [Bowen?] happened at the Courthouse & went his security, which prevented this Deft. from attending at the said Porters to take his testimony; by which means this defendant was oppressively & unfairly prevented from taking his testimony & begs leave to refer to the affidavit of William Bourn, before refered to. This