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cloathes which he said were in one of his negroes houses, this respondents wife told him that this respondent was sick in bed and that she did not wish him disturbed and that she would give him permission to get the cloathes the complainant said he had other business with me, where upon he was invited into this respondents chamber where he was in bed. The complainant after coming in remarked to this respondent that he had caught his man Jacob, and as I owned his wife and he appeared unwilling to live with the complainant, he wished to sell him to me. This respondent replied that he would like to own Jacob but he was not able to buy him. The Compt. said he would exchange, if this respondent had one who would suit him. This respondent replied he had one called Tom who had no connexion in this part of the world and he would exchange if they could agree on terms. That the Compt. went out and saw Tom and conversed with him and returning said he liked him very well and enquired if he was healthy this respondent told him he was. This respondent remarked that he had known Jacob very well before the Compl purchased him but had seen but little of him since, and enquired as to his health, the Compt said he bought hi for a healthy negro and found him such, that he had once only since he owned him pretended to be sick and the Compt not believing him had corrected him for it, sent him to his work, and heard nothing more of it. This respondent then said he had been run away sometime and inquired how he was now. The complainant replied "as well as ever he saw him, that he run very fast, the trade was thus made, without this respondents seeing the Compts negro at all so entirely did he rely on the Compts representations as to his negroe's health. And this respondent affirms that he made the exchange entirely upon the faith of the Compts representation that the negro was in as good health as he had ever been; (this respondent having known him before as a very healthy negro), this respondent also affirms that his object in the trade was to accommodate the Compts negro by getting him with his wife, & that he then thought the complainant was activated by the same motive, but this respondent has since believed from conversations with other persons; and reflection upon the Compts conduct that he intended to palm upon him a negro that he knew to be diseased. This respondent might probably have demanded a reexchange of negros but he was called off the next morning after the trade to the county of Lunenburg and did not return till about a fortnight after the trade when I found Jacob very sick & he died shortly after. It is true as is alledged in the Complt bill that this respondent sued the Compt on the law side of the county court of P. Edward for fraud in the exchange aforesaid and obtained a verdict against the Compt for 280 dollars, but it is not true that this