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vs Ware" and referred to by the Plaintiff, No. 35 and No. 36, and he also refers your honor to other affidavits in said cause, marched 27, 29, 26, 25, 24, 28, 31 & 32 can any one believe it was ever the intention of John Ware that this deed of Trust should be executed, he is advised that if a suit in chancery should ever be brought to foreclose the deed as a mortgage, that from the number of parties, creditors, sons, daughters, grandsons & daughters now in being or hereafter born, all of whom would be necessary parties, that it could not be foreclosed in all human probability in 20 years. But suppose the deed should be regarded as bona fida, yet it does not reach the Tobacco in question, and as he is advised creates no lein whatsoever upon the subject in controversy, the crop of 1830. But suppose it did, then the plaintiff with all the others named in the deed owuld be more incumberances, and a Court of equity cannot interfere in such cases, because if security be what they desire the law affords an ample remedy. This defendant is advised that this doctrine has been fully settled in the case of "Bowyer vs Creigh & III, Randolph 25" a case as he advised directly in point and is decisive of this question. He invites the plaintiff to meet him before a court and jury upon his bond of indemnity which he shall have to give the Marshall. This defendant again avers the Tobacco in question is not reached by the deed and was sent to the warehouse in the name and the property of said John Ware, see affidavits of the Inspectors. This deft. again complains of the insiduous attempt of the Plaintiff to practice a fraud upon his rights, if not upon the Court, why has he not filed a copy of his bond to Ellis' injunction, plainly be caused, he well knew there was nothing in its condition, reaching the subject in controversy.