McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)
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in his answer that Wm McCormack attended Canute's sale in 1819 as agent for himself & his brothers & sister is all a new pretence. If it had been true it would have been necessary to have had a power of attorney and Jno McCormack & Abm'r Showalter would have known something about it. Yet no such thing is proved by either of them. The Plff's Counsel thinks there is not the slightest pretence for Anderson McCormack's having any claim or right to the sum in question either legal or equitable - Unless it be in what seems to be a very favourite ground of equity with my friend Col. Townes. (judging from the avidity with which he always avails himself of it when he can) Viz. "That his client is an unlettered man who can neither read or write". Now if that be a ground for equity to interfere, then sir I submit that it is abundantly shown by the record that Wm McCormack "could neither read or write" so that equity being equal. Wm McCormacks legal right must prevail. The writ of Ne Exeat and Cross Bill with Injunction to prevent the plff dismissing his original bill - Being such novelties and innovations upon the proceedings in Courts of Chy: and rights of the Citizen. We have only to say that we have the most abiding confidence that the one will be granted and the other dismissed without the slightest hesitation on the part of Y'r Hon'r. We therefore as a decree perpetuating the Injn in the original cause and a dismission of the Bill with Costs and that the writ of ne exeat be granted. Resptly G. W. Wingfield Counsel for Henry Showalter