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Stewart ads Grissom } In Case. And the deft comes here into court & says that the Court here ought not to render judgment on the verdict in this case but ought to arrest the same for the following causes to wit: 1st That it is not averred in the declaration that the deft made the assumpsit laid in the declaration, knowing the fact which is therein laid as the ground of said assumpsit to be untrue. 2nd That the purchase of the negro laid in said declaration is subsequent in point of time to the assumpsit therein laid so as that it does not necessarily appear that the purchase was produced by said assumpsit. For these & other errors apparent upon the face of the record the deft pray that judgment may not be entered on the verdict afsd but may be arrested &c 3rd That assumpsit is not a proper form of action in which to try a warranty. T Carr x 3 p.g. P P Barbour