MARYLAND COURT OF APPEALS 573
the offer w<* the Sd Adams had made him for his Land the Christmas before
when he had his Tobo Undisposed off.
4 That he hath heard that the DeP Adams when the Deft Brewerton
made the Last Deed to him Agreed wth the Said Brewerton to Convey the
3d Land back to the Sd 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 agt him and that he hath heard that the Sa Adams hath professed
himself Willing to Comply with the Said Agreemt.
5 That he hath heard that the Deft Brewerton was very willing that the
Deft Adams Should purchase Waltams lease and that after the Sd 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 Sd
Adams for One Thousand Pounds Tobo upon Condition that the Sd Adams
would take as much more Land as Should be Valued at Six Thousand
pounds of Tobo for Said the Sd Brewerton I Owe Caldwell five Thousand and
if he Sue me the other Two Thousand will pay the Charges of the Suit upon
wch Hannah Waltam Said that the S" Brewerton owed Caldwell more and
Seven Thousand pounds of Tobo would not pay all and asked the Sd Adams
if he would pay the Charges if the Complt Should Sue the Sd Brewerton to
Whom the Sd Adams gave this answer that if the Sd Brewerton Carried the
Letter wch the Sd Adams was Writing to the Complt and humbled himself he
was Sure the Compll 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 Sd Brewerton and the Sd Adams an-
swered her it was not the first Time he had given Tobo 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 Defts Adams and Brew-
erton he this Depont 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 12th 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 Complt and Wm Brewerton and Alexans Defts.
Thomas Dashiel of Somersett Parish in Somersett County aged about
48 years Examined on the part of the Defts Saith as follows Vizt.
This Depo1 beleives Mr Caldwell in the year 1718 and 19 Arrested Wm
Brewerton in four Severall Actions Wm Brewerton had not Tobo to Satisfie
his Debt to Mr Caldwell at the Time of his [767] Arresting him and further
Saith not.
Jno Handy Levin Gale, Rob( Martin of Somersett County Sworn and
Examined on the part of the Defts Saith as followeth Vizt.
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