Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-06-04


as stated heretofore, meaning thereby,
that.he plaintiff would look to Jenkins for
his money, who he had empowered to-
recelyeit; ribs transaction was done with.
out the knowledge of this defendant, and
at the same time, this defendant denies tav-
ing received one shilling of the money afore-
SAID, and denies payment for the reasons
aforesaid.
Fyos6 sc. The deposition Of 7ozm co7sr,
&c.
Question by plaintiff. To what sheriff
did you carry your execution which you
had obtained against Thomas Church. Jun.
in 1893!
Answer. To Mr.. George Summers,
who at this deponenl's request, sent lanes
Jenkins, who this deponent then under-
stood was the said Ssmmers's deputy,
which said Jenkins, served the said ex-
ecution on some of Chu.ch's properly.
Question cd. by plaintiff. Did you al,
low in discount, out Of The proceeds Of the
sheriffs sale, of Church's properly, the
sum of 81. SIS. Aid. which was by him
claimed as due to X. Radcliffe the plain.
tiff
Answer. He did allow i.out of the sale
to Tie sheriff.
Question Sd. by plaintiff. From what
authority did The sheriff claim that money
Of you, en- behalf of K. Radcliffe the plain
tiff
! Answer. That James jenkins, at that
time Showed to this deponent, Eose wrote
BY Mr.. 3ateliffe, the plaintiff, to the de-
! fendant, TO receive the above sum of 81.
So. 4i-2d. which note the said jenkins In
formed this deponent, he received of the
defendant that morning, which was direct.
ed to the defendant.
Question 18th by plaintiff. Did r. Rat.
cliTe, the plaintiff, ever claim the 81. IS.
I'D. by you paid to the sheriff for his
use, after you assured him you had paid
! it
Answer. He did not.
! Question by defendant. Do you know
that this defendant. was acquainted with
James Jenkins re ceiving any money from
( you for the plaintiff.
Answer. do not know it of my own
knowledge, but obtained receipt from
James Jenkins, the defendants assistant,
some time after the sale, tor said sum.
Question I'd. by defendant. Has not
the plaintiff demanded ofyou the money,
said to be received by James Jenkins,
from you, subsequent to the sale, made by
Jenkins. for in 'SS?
Answer. He has--but not since he
made the plaintiff acquainted that he had
paid Mr.. jenkins, in conse quence of the
note above alluded tc.
Question Sd. by defendant. Do you
know or believe that you was Justly Ia
debted to the plaintiff at the time Jenkins
stopped the s.3 IS. 4 1-ad. from you for
the useof the plaintiff?
Answer. Mr.. jenkins did not offer to
stop any money for the plaintiff, bet shew.
ed me his account enclosed in letter to the
defendant, direceing him the defendant,
to receive and gre a receipt therefor, which
ne some time after obtained.
Question S. by the plaintiff. What sum
did the defendant inform you had been
received by the sheriff and credited or en-
dorsed on your execution, as produced
from proceeds of sale.
Answer. Thar in conversation between
the deponent and defendant ON the sub.
ject, the defendant asked the deponent
what was the proceeds of sale, he answer
ed about a.7 los. 60 which the defend
ant replied, he thought it was about that
sum, &c. The defendan. after all the above
hath acknowledged the plaintiff claim, and
subsequent to the above denial and depo-
sitions hath given me his note from under
hand to pay on demand the said {. 5 IS.
q I Cd. and now in my possession.
Sd Charge. Your orator further shew.
eth, that the defendant is indebted to the
estate of col. George Mason, deceased, as