576 MARYLAND COURT OF APPEALS

ance) while he went to a neighbour and when the S^d Adams returned Brew-
erton [769] Told him he liked it very well the S^d Dep^t further Saith that he
Saw the S^d Brewerton and his wife Signe the S^d Paper before Capt" Joseph
Macclester and M^r Sam^l Handy

4^ly That after the Def^ts Adams and Brewerton had Agreed about the
Land the S^d Adams promised Hannah Waltam at John Waltams to pay all
the Cost the S^d Brewerton Should be put to by the Comp^ll if the S^d Brewer-
ton would be ruled by him the Dep^t further Saith that at the Time the Def^t
Brewerton was at the Dep^ts house the Dep^t was Overseer to the Def^t Adams
and was to have the Room that Brewerton keept by Agreement.

John Handy Levin Gale

Isaac Noble of Stepney Parish in Somersett County aged about 43 years
Sworn and Examined on the part of the Def^t Saith as followeth Viz^t.

This Depon^t remembers that about 3 years past M^r Adams tendered W^m
Brewerton Tobacco for the Land the Said Brewerton Sold the S^d Adams and
the Said Brewerton refused the S^d Tob^o except M^r Caldwell would Accept
of also that M^T Adams desired W^m Brewerton to Send for Captⁿ John Jones
and M^r John Roach to Settle the affairs in dispute between the Def^ts and to
Take in the Second deed but this Dep^t Cannot be positive whether it was
the first or Second also if the S^d Brewerton wanted any of his Swamp he might
have it

John Handy Levin Gale.

Robert Smith of Stepney Parish in Somersett County aged 28 years
Sworn and Examined on the part of the Def^ts Saith as followeth Viz^t

This Dep^t heard M^r Adams use many Arguments to W^m Brewerton to let
M^r Caldwell have the S^d Land the S^d Brewerton Said to the S^d Adams if you
will not have the Land he th Dep^t will Sell it to Some body else before
the Dep^t goes home for M^r Caldwell a Scotch bonny laubber Son of a
bitch Should not have it about the Last of the Same year that M^r Adams
had reced the S^d W^m Brewertons Cattle this Depon^t heard the S^a Adams
Say after that Time that he the Said Adams had no right nor Title to the S^a
Cattle

John Handy Levin Gale

[770] Peter Sherman of Stepney Parish in Somersett County aged 52 years
Sworn and Examined as followeth Viz^t.

This Dep^t being one of the Jury of Inquiry of Damages in Debate be-
tween the Comp^ll Caldwell and the Def^t Adams M^r Caldwell brought his
Acc^tu w^ch was for one Thousand pounds of Tob^o w^ch the Jury allowed but five
hundred pounds of Tob^o.

John Handy Levin Gale

Diana Brewerton of Stepney Parish in Somersett County Aged 36 years
Sworn and Examined on part of the Def^t as follows Viz^t

This Dep^t heard W^m Brewerton Say that the Compl^t Caldwell told