Sam: Chancery Cause, Augusta County (Part 1 of 2)
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As it regards the defence set up by the plff. to your respondents bond, he pronounces it destitute of foundation in law or justice. In the first place if the account had been just, it was barred by the Statute of limitations, which your respondent would have relied on & here relies on as a bar to it. But he pronounces the whole account to be unjust - The plff. himself admits that he kept no account against your respondent & that he was influenced in taking your respondent to live on his land by motives of humanity to an old & faithful family servant - If this be so by what authority does he now convert his bounty into a debt? Can he say that there was any contract express or implied that your respondent was to pay him rent? He cannot say so for such is not the fact - He was the owner of a member of your respondents family & having confidence in your respondents honesty & care he persuaded your respondent to break off a negotiation he was engaged in for the purchase of a lot near Staunton, & to go & live in a cabin on his Land - Your respondent had ample means & still has enough to support himself, but being desirous of being near his son he accepted the offer but without dreaming that he was becoming indebted to Mr. Johnson - He went on his land & occupied an humble cabin & cleared & cultivated a little nook of and, & he verily believes that the cleaning up of the ground & the services he has rendered to the plff.