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Sam: Chancery Cause, Augusta County (Part 1 of 2)

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wards Mr Stuart entered the Courtroom. I again spoke to him requesting him to let the suit lie open which request he refused since then we have had no conversation on that subject that I now [illegible] of. Shortly after the last conversation probably a day or two before the adjournment of the super. Court I named the matter to Mr. Johnston who promised it his attention but was prevented from doing so during my stay at his house in consequence of my child's being extremely ill & which engrossed the whole of my thoughts & attention. I am confident the Court adjourned before the time I had informed Mr. Johnston it would & before the time set for his preparing his affidavit. Shortly after the suit instituting the suit of Law. he Mr. Johnston was served. Mr. Johnston asked me to attend to it & some short time afterwards he informed me he had seen Mr. Stuart & that they had agreed to settle the matter by reference. Mr. Stuart also informed me of it & that is the reason why I was surprised to see the suit on the Office judgment Docket at the last term of the court & when I named it to Mr. Johnston he was also surprised. After I was informed that they were to settle it by reference I paid no no attention to it until I saw the cause on the docket. Question by Same You say you were surprised to see the case on the office judgment docket & that I was also surprised at this information you will please state what course I then pursued in relation to the suit. Ans. I asked you what you intended doing in the matter to which you replied I will have to ask you to which I replied that the regular course was to file an affidavit & plead & file your offsetts [offsets] or if a judgment went against you you could enjoin it which evidently would be a greatly preferable. Course, Sam was wholly insolvent & if defended at Com Law it probably would cost you & or your witnesses probably as much as the debt claimed by Sam & also cause your presence (to your great injury) in Staunton a considerable number of days before the cause would be finally disposed of & that you had an equitable defence in my opinion. I also wrote an affidavit for you to make oath to preparatory to setting aside the office judgment which affidavit had it been sworn to I think would not have reached Staunton