Milly v. Stephen Smith
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er said mortgage had been satisfied, out of
the other property mentioned in said mort-
gage other than the said plaintiffs: or
whether the said mortgaged property omitting,
the plaintiffs is not amply sufficient to
indemnify, & pay said SmithSmith all the liabilities
stated in said mortgage; nor can this
deponent obtain, any information on these
matters from the plaintiff who say they
are utterly ignorant of said mortgage's
having been given nor has this deponent satisfactory information thereon that the distance from this place to take said depositions
deponant understands,
is at least 350 miles: that this deponant
deems it unsafe to go to trial without
testimony as to said, mortgaged property its
value & as to what has been done under
said mortgage: and expects that he will
be able to have such testimony in time
for trial of said cases at the next term
of this Court: and further that this depo-
nant in there cases labors under great em-
barrasments from the characters of said
plaintiffs, & the difficulty of preparing for
trial by getting depositions taken at said Shelbyville, where he is
not acquainted with an individual & knows
not will be obliged previously to spend considera-
ble time in inquiries before he can set a day
& plan for taking depositions for the purposes
aforesaid: This deponent refers to said mortgage
on file here for its contents.

J. SpaldingJ Spalding