MARYLAND COURT OF APPEALS 573

the offer w<* the S^d Adams had made him for his Land the Christmas before
when he had his Tob^o Undisposed off.

4 That he hath heard that the DeP Adams when the Def^t Brewerton
made the Last Deed to him Agreed w^th the Said Brewerton to Convey the
3^d Land back to the S^d Brewerton when the Said Adams Should be out of
Danger of being Damnified by his being Sp* Baile for him at the Complain-
ants Suite ag^t him and that he hath heard that the S^a Adams hath professed
himself Willing to Comply with the Said Agreem^t.

5 That he hath heard that the Def^t Brewerton was very willing that the
Def^t Adams Should purchase Waltams lease and that after the S^d Brewerton
and Adams had passed Bonds about Land the Said Adams was telling that
the S" Brewerton had offered the fee Simple of Waltoms Lease to the S^d
Adams for One Thousand Pounds Tob^o upon Condition that the S^d Adams
would take as much more Land as Should be Valued at Six Thousand
pounds of Tob^o for Said the S^d Brewerton I Owe Caldwell five Thousand and
if he Sue me the other Two Thousand will pay the Charges of the Suit upon
w^ch Hannah Waltam Said that the S" Brewerton owed Caldwell more and
Seven Thousand pounds of Tob^o would not pay all and asked the S^d Adams
if he would pay the Charges if the Compl^t Should Sue the S^d Brewerton to
Whom the S^d Adams gave this answer that if the S^d Brewerton Carried the
Letter w^ch the S^d Adams was Writing to the Compl^t and humbled himself he
was Sure the Comp^ll would not Sue him then Hannah Waltam replied that
She beleived So too and again Asked the Said Adams if he would pay the
Charges if the Comp" Should Sue the S^d Brewerton and the S^d Adams an-
swered her it was not the first Time he had given Tob^o to poor men and if
Caldwell did Sue him he would pay the Charges The Deponant further
Saith that after the Bonds were drawed between the Def^ts Adams and Brew-
erton he this Depon^t hath often advised the Said Adams to gett it Secured as
Soon as he could for Brewerton was very Ticklish

Jos. Pemberton. Levin Gale

Depositions of Wittnesses taken at the house of Thomas Gillis in Somer-
sett County upon the 12^th Day of May 1724 by Virtue of Commission issued
out of the Lord Proprys high Court of Chancery to us Directed for the
Examination of Wittnesses in a Cause there Depending between John Cald-
well Compl^t and W^m Brewerton and Alexans Def^ts.

Thomas Dashiel of Somersett Parish in Somersett County aged about
48 years Examined on the part of the Def^ts Saith as follows Viz^t.

This Depo¹ beleives M^r Caldwell in the year 1718 and 19 Arrested W^m
Brewerton in four Severall Actions W^m Brewerton had not Tob^o to Satisfie
his Debt to M^r Caldwell at the Time of his [767] Arresting him and further
Saith not.

Jn^o Handy Levin Gale, Rob⁽ Martin of Somersett County Sworn and
Examined on the part of the Def^ts Saith as followeth Viz^t.