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willing to take that price. Plaintiff then read the deposition of
one Philips who testified that in 1843 he was about trading with
said Scarborough for said lands. that he went to said Watts and
enquiring of him if the titles of John Scarborough to said lands
would be good and that Watts informed him. that any trade he
made with said Scarborough for the land would be good, but that
said Watts stated that the title was on him at the same time
The plaintiff then introduced Sunday judgements recorded against
said Scarborrough in the Circuit Court of Perry County at the
Spring and Fall Terms of said Court 1841 which appear to remain
unpaid with the exception of three small judgements amounting
about one hundred Dollars, which were not shown to be paid
said Watts or Scarborough. There was three testimony intro-
duced by plaintiff [tending?] to show that the only property
owned by said Scarborough beside said lands was [ illegible word] Common
[houses?] a small stock of cattle and hogs with house hold and
kitchen or furniture. After the testimony had closed the
Court charged the jury that if they believed the testimony
it had shown such an interest and title to said lands in
Scarborough, as made it liable to levy and sale at the time
it was levied upon and sold by the Sheriff Williams to plaintiff
But if they believed Defendant had shown that Watts was in
posssession of the land by his [ tenant?] in 1845 When he sold
to Defendant Smith and that defendant was a bonifided pur-
chaser at Sheriffs sale under executions against said Scarborough
and one of the existing creditors by not at the time of the
sale from Scarborough to Watts. and admitting the deed from
Scarborough to Watts to be fraudulent under the statute. [Yes?]
if plaintiffs had land by after his purchase and had not brought his
[illegible word] to recover said land until after the defendant purchased
that defendant under the circumstances was not entitled
to recover in this action, to which charnge the [ deft?] excepted
The plaintiff attorney then asked the court to charge the jury