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McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)

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to Canute in part pay of the purchase of the girl Matilda) and the deposition also proves that the Girl Matilda was then sold by Wm McCormack to Henry Showalter to raise money to discharge this execution. See the bond & recipts & Bill of Sale filed with the deposition. The witness also shews that he was prevented from stating the facts fully in his first deposition by the Deft's Counsel Joseph Showalter - proves that the negro was first pledged to himself & Henry Showalter by Anderson & Wm McCormack as the property of Wm & was afterwards sold by Wm McCormack to Henry Showalter to raise money to pay for her original purchase. The Defendant has taken the depositions of various witnesses to endeavour to prove that Wm McCormack had said that the girl belonged to Anderson. Most of whom show the very facts proved by the plaintiff viz that Wm McCormack said he intended to give her to his 3 first children if they paid off the bond for the balance of her price. Some of them speak of Wm McCormack having said after Anderson had bought the claims of Jno McCormack & Showalter that she was now Anderson's alone. It is evident that he was speaking relatively as to the rights of Anderson & the others and that his meaning was that was to Anderson & the two other children she was Anderson's absolute property. Great stress is laid by the Defts Counsel on the fact that when she was first [liened?] upon by the sheriff it was done at the request of Wm McCormack and that he applied to Simmons to borrow the money for Anderson. This I think is perfectly reconcilable with the plaintiffs claim. Here was our execution in which Wm McCormack was security for Anderson and here was a negro in which Anderson had a contingent interest. And of course it was natural for Wm McCormack to prefer that this negro which might become Anderson's upon the payment of the balance of her purchase money, should be taken for Anderson's debt rather than his other property which he never expected to belong to Anderson. There is an attempt to prove by Mary Armstrong & Ambrose Armstrong that Wm McCormack had no claim to the negro and surrendered the absolute possession of her to Jno & And'n McCormack & Ab'm Showalter. Mary Armstrong proves entirely too much. She states that Wm McCormack told her she was left to his children & that he had no claim to her. There could be no possible motive for Wm McCormack's fabricating such a story. The negro did not belong to Canute's estate, was not left to Anderson for his grand father died before he was born, and it is proved by Anderson & all the parties making claim to the negro that Wm McCormack had an interest in her at least to the amount of the debt of $330. The delivery