56 STRIKE'S CASE.—1 BLAND.

of Henderson & Rogers, owed any thing to Strike, nor were those
conveyances * made in contemplation of future advances of
money from Strike, although he afterwards received such
advances from him; that in October, 1812, he applied for the bene-
fit of the insolvent laws, and obtained a release of his person, and
Strike was appointed his trustee, as being already in possession of
the principal part of his property, but he has not since applied for
or obtained a final discharge; that he himself continued to occupy
one of the lots, on which there was a good dwelling house, about
eighteen months after the date of the deeds, without any agreement,
or even suggestion, on the part of Strike, of his being under any
obligation to pay rent for it; that the other lot, on which there
was a small dwelling-house, was rented, and he received the rent
for his own use for more than eighteen months, after the date of
deeds, without any molestation from Strike; that he, this defend-
ant, constantly paid the ground rent, taxes, and all other dues,
incident to the ownership of those lots, during his residence in one
of them, and for a long time afterwards; that during that period
he borrowed of Strike, from time to time, about seventeen hun-
dred dollars, and laid it out in erecting a furnace on one of the
lots which he carried on about two years and a half in conjunction
with McArdle & Coulson, to whom Strike granted a lease of it for
ten years, reserving rent; that by the persuasion of Strike, he
gave up to him the lot on which he resided, and removed to
another house nearer and more convenient to the furnace; that
before he left his house, being much embarrassed in his affairs, on
the persuasion of Strike, he consented to a colorable distress and
sale of his effects for rent; but that he continued to hold posses-
sion of the property, which he used, and afterwards sold as his
own, without any claim being made by Strike; that about eighteen
months after Strike had taken possession of the lot so delivered to
him, he made some improvements on it, an account of the expenses
of which, as charged to this defendant, together with the sums
advanced for erecting the furnace, and some other small sums,
amounting to about three thousand dollars, Strike shewed to this
defendant, and assured him, as he had often done on other occa-
sions, that on the payment of the amount, the property should be
reconveyed. That this defendant afterwards tendered to Strike the
whole amount, so claimed by him, and demanded a reconveyance
of the property; but Strike refused to comply. And finally, this
defendant consents, that the property be sold and the proceeds
applied, under the direction * of the Court, to the payment
62 of his just debts, reserving the surplus to him and his
family, &c.

The plaintiffs having put in a general replication to those
answers, a commission was issued to Carlisle in Pennsylvania,
under which the deposition of one witness was taken, returned,