Sam: Chancery Cause, Augusta County (Part 1 of 2)
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In pursuance of the enclosed notice the following depositions are taken at the time and place specified in said notice to be read as evidence in a suit now pending in the circuit superior court of Law and Chancery for Augusta County in which Thos. Johnston is plff. and Sam a man of Colour is deft. Jacob P. Effinger a witness of lawful age being first duly sworn deposeth & saith Question by plff. You will please state whether or not you have had a conversation with Mr. A. H. H. Stuart relative to the suit now in controversy & if so what passed in that conversation. Ans Yes, in the latter part of November or the early part of Decr. 1849, I was in Staunton & asked Mr Stuart what progress he was making in the black suit to which he made answer as to the suit of Abney Executor of J. S. Black is S Black &c. I then called his attention to Mr. Johnson Sam the Deft. in this suit his reply as well as I now remember it, was that he believed it had been settled. Afterwards in looking over the Supr. Court Docket I noticed it on the common order docket & spoke to his Honor Judge Thompson about setting aside the C.O. he replied it was the rules of the court not to set aside an office judgment without an affidavit shortly after