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Jordan, German v. Rosser, John, etc.: Chancery Cause, Campbell County (Part 23 of 24)

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made his writing signed by him commonly called a Bill of Sale which is dated the same day and year aforesaid. Nevertheless the said Defendant contriving and fraudulently intending to infine the said Plaintiff did not perform his said promise and undertaking made by him as aforesaid but thereby craftily and subtlely defrauded and deceived the said Plaintiff in this to Wit, that one of the said slaves to wit Abram purchased and paid for at the price of $850 was not sound at the time of making said promise and undertaking of said defendant, but on the contrary thereof the said negro Abram was at the time unsound and of no use or value to the plaintiff. And the Plaintiff says that afterwards so soon as said negro Abram was ascertained to be unsound to Wit, On the [blank] day of [blank] 1838 at the County of Campbell the said Negro Abram was returned by him and delivered up to the said defendant who received the said slave and has ever since kept him & converted to his own whereby and by virtue of the promises and undertakings aforesaid & unsoundness the return of the negro Abram the defendant became liable was bound to pay back to the plaintiff the said sum of $850 the price of said negro Abram and being so liable and in Consideration thereof the defendant on the day and year last aforesaid and at the County aforesaid then and there promised the plaintiff that he would well and truly pay him the said sum of $850. whenever he should be thereunto afterward requested and for this also the said defendant afterwards to wit on the 1st day of October 1838 at the County aforesaid was indebted to the Plaintiff in another sum of $850. for so much money before that have had and received to the use of the plaintiff and being so indebted and in Consideration thereof afterwards to wit on the same day & year and County aforesaid promised the plaintiff that he would well and truly pay him the said sum of $850. last mentioned whenever he should be thereunto afterwards requested. Yet the said defendant not regarding his several promises and undertakings so as afterwards made but continuing to deceive and defraud the plaintiff in this behalf although the defendant hath often been requested by the plaintiff to perform his said several promises & undertakings and pay him the said several sums of money aforesaid the defendant hath hitherto wholly refused to keep either of said promises or to pay either of the said several sums of money or any part thereof to the damage of the plaintiff $2000. & therefore he sues &c Marshall pq. Whereupon the defendant being arrested and not appearing on the motion of the plaintiff by his attorney it was ordered that judgement to be entered for the plaintiff against the defendant for the debt and interest in the declaration mentioned unless the said defendant should appear and plead to issue as the then next rules.