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in the Circuit Superior Court of Halifax County for such portion of said payment of the larger debt aforesaid, as your respondent would be liable for as joint security with said Henry Terry for said Thomas McCargo - there was also a [motion?] by said Henry Terry on the smaller bond above mentioned alledging that he was only a joint security with your respond't for said McCargo - Your respondent at the time of entering into the bonds aforesaid believed and still believes that Henry Terry was in Partnership with said McCargo for the purchase & sale of negroes & never would have given security for said McCargo but for that belief as Henry Terry was a relation & near Connexion by marriage. As negro trading at that time was not as respectable a business as it has since become the said Henry did not your respond't. supposes wish it generally known that he was a partner of said McCargo, & as the said McCargo (who was throughout the acting & ostensible manager of the whole business) became involved in difficulties for a much stronger reason, he became still more anxious to conceal his participation in the liability of the said McCargo. This respondent in the trial of the Motion aforesaid endeavored to prove that said Terry was a partner & liable as a principle obligor on the bonds aforesaid but failed to do so in consequence of the shortness of the time allowed as a motion against him as joint security for preparation, and his inability in that time to find or summon witnesses by whom he could prove the existence of the partnership aforesaid, when the bonds aforesaid for the purpose of said partnership in the purchase of negro slaves were executed. This respondent therefore with the judgement aforesaid hanging over him, and another about to be rendered on a similar motion which he was for the causes aforesaid equally unable at the time to defend agreed to give the deed of trust aforesaid for the benefit of the said Henry Terry, with the express understanding that the execution of said deed should in no manner operate as a waiver of his remedies against the said debts or pretended debts should he afterwards be able to establish the facts upon which he had based his defence as aforesaid. The deed was prepared at the instance of the said Henry Terry without the presence or participation of this respondent, & when he was applied to, to execute the same this respondent insisted that a clause should be inserted to the effect aforesaid, & to prevent the apparent waiver aforesaid - but he was assured by said Terry that it was unnecessary and that as such waiver would be implied from the deed, that the matter would come (if such defense was made by him) before the same court and same Judge who would know all the facts, he having tried the motion aforesaid. This respondent thereupon executed said deed which is the same now sought to be enforced by this honorable Court. - This respondent is now fully satisfied that he can prove by testimony what was not before the Court at the trial of the motion aforesaid, both oral and written & which was wholy unknown to this respondent at that time, that both the bonds aforesaid were the proper debts of a partnership existing at the time of their execution between said Henry Terry & Thomas McCargo - This he hopes and expects