From Transcribe Wiki
Jump to navigation Jump to search

to prove by acts of the said Henry Terry, by his declarations and conversations to & with persons whom he did not think would disclose it, by papers passing between the said McCargo & said Henry Terry; and especially by an account filed by said Henry Terry & signed by said McCargo, in a case now depending in this Court in the name of Williams &c vs. Bacon Trustee for McCargo, in which said Henry Terry seeks to subject the Trust fund provided by said McCargo to the payment of his debts to the payment of his share of the partnership aforesaid both Capital and profits from 1832 to 1836 inclusive a copy of which statement so signed by said McCargo & delivered to said H. Terry is herewith filed as a part of this answer mark (H. 7.) and this respondent hopes & expects to shew by evidence that this partnership existed several years previous to 1832 & continued several years after 1836. Upon these facts this respondent is advised that a Court of equity will never Compel the execution of a deed obtained as aforesaid for the payment of money to said Henry Terry for which he was primarily responsible, and also liable to this respondent for, had he been compelled to pay the same to the obligors; but in proper proceedings for the purpose such Court would require the same to be delivered up to be cancelled. And this respondent having fully answered the bill aforesaid, prays to be hence dismissed with his costs about his defence in this behalf expended.