that the said negro was [unsound] or diseased, obtained a verdict and judgement against your orator for the sum of $280 and costs - that your orator, then, by his counsel moved the court for a new trial. because the said verdict was contrary to evidence but the court were equally divided and the motion agreeably to the will of the said Court was overruled- your orator, then, through his counsel moved the court to spread the testimony on the record, that he might appeal to the Superior Court of Law; but owing to the dispersion of the Justices who sat upon the trial the court though willing to do so could not spread the evidence on the record as some one or more of the members setting at the time the said motion was submitted had notes heard in and others could not recollect it Whereby your worships will see that your orator will be deprived of the privilege of appeal secured to every party litigant in a court of Law unless your worships - as a court of equity will interpose and grant him relief*
[cont. where * is vertical on the middle margin] and your orator has discovered other testimony since the said trial as lawmen he did not then know of going to prove that the aforesaid negro was sound and well on the very day on which he ran away from your orator. [continues in main paragraph]
that the said Howard has owed our execution on the said judgement levied in on your Orators property and compelled him to give a delivery bond to have the said property forthcoming at the July term of Prince Edward County Court. All of which doings and actings of the said Howard herein after called Defendant, are contrary to equity and good concience. Now in tender consideration of the premises and in as much as your Orator is without relief, except by the interposition of a court of equity, your orator humbly prays that the said Howard may be enjoined and restrained from farther proceeding on the said execution & judgment until the matters and things herein contained can be heard and adjudged in this worshipful court- and that your Worships will set aside [illegible due to white obscuring word] verdict
[right page - first approximately 8 lines of page were cut off]
and grant your Orator a new trial in the court of said cause. And farther that the said Howard may be required to answer the allegations of this bill on oath and especially to discover the terms of the exchange between himself and your orator and to say distinctly whether your Orator made any representation as to or warranty of the soundness of the said negro - and if he did not know the said negro perfectly and traded for him upon his own knowledge of him - and that your or your orator is not aware of any other witness who can prove these facts which he deems important to a fair decision [illegible couple words and next line due to the white crease of paper] further relief in the premises as may seem equitable - the commonwealth's subpoena &c. And your orator as in duty bound, will ever pray &c Mathews p.q.
Prince Edward County to wit: Edward W. Preston personally appeared before me a Justice of the peace for said County and made oath that the allegations contained in the foregoing bill are true as far as they come within his own knowledge and as far as they depend upon the information of others he believes them to be true. Given under my hand this 21st day of July 1828. Samuel Baldwin