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against said Ware your orator became one of his securities, received possession of the slaves from the Marshal of this Court and placed them on the lands in the deed of Trust mentioned under the superintendance of the Trustees - So the your orator as one of the securities of said Ware will be liable if Ellis succeeds to the decree of the Court, which decree would be extended to the profits of the slaves, if the slaves themselves should not cover the amount of the debt. It will be seen by said deed of Turst that the maker divested himself of all estate legal or equitable in the property the only reservation therein being for such sums as might be wanting to pay Lawyer's fees, costs Se. and amound other causes for making the deed, the age and infirmity of the maker was a principal inducement your orato charges that the benevolence of the maker must totally fail as in the way the property has been managed, it will not be more than sufficient to pay the debts, and he is in formed that the trustees in the deed of Trust must be regarded as holding the Legal title in Turst for the benefit of the Trust creditors and that no portion of either principal or profits ought to be diverted untied they are satisfied, if such a diversion takes place the fund will be inadequate, and the Trustees although they are very honest men will be unable to make it good, & if the profits and property should not be applied to the Trust Debts, then it is applicable to the debt of Ellis in which your orator is one of the Securities in the Bond given to the Marshal. Your orator states that the said John Ware together with a certain William Jopling became the escorts of William Ware deceased. - and although the said John Ware never acted or received a farthing of money or property belonging to the estate, yet in as much as he gave a joint Bond with William Jopling as escort he has been held liable, and a decree of this Court was pronounced against king, at the last term, on which an execution has issued, an extract from which marked A is herewith exhibition:- your orator charges that there was made on the plantation included in the deed of Trust by the hands secured thereby for the payment of your orators debt and by the hands for which your orato became security under the superintendance of the Trustees, a crop of Tobacco, the last yeat, and that during the present Spring whilst the same was preparing for market, your orator attended to it, with the view of seeing that it went properly in the hands of the Trustees, but when it was [illegible], consisting of Four [illegible] and when the Trustees were in the act of getting it to market, the said Tinsley Rucker admr of Nancy W Rucker the creditor in the extract marked A, caused the Marshal of this court to levy the said exon. upon it, and will proceed to sell it in payment of his debt unless prevented by this Court. In tender consideration whereof and in as much as your orator is remidiless in the premises without the aid of a Court of Equity, the Subject being altogether an equitable one, he being unable to assert any rights at Last and the Trustees being unwilling to do so, or indifferent