John Gaither v. William Sublette
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Austin SheltonAustin Shelton Adm
of JohnJohn Gaither GaitherJohn Gaither
vs
WilliamWilliam Sublette SubletteWilliam Sublette

And the said WilliamWilliam by
GeyerGeyer his attorney comes and defends the wrong & injury
when & C and says that the said plaintiff ought not
to have or maintain his aforesaid action thereof against him
the said defendant because he says that he the said
Austin is not & never hath been of the goods or chattels
rights or credits which were of the said JohnJohn Gaither GaitherJohn Gaither
deceased, in manner and form as he hath above there
of in his said declaration alleged and this he prays
may be enquired of by the county &C

2. And for further plea in this behalf the said defendant
says that he did not undertake and promise in manner
& form as the said plaintiff hath above thereof
alleged and of this he puts himself upon the country & C

3. And for further plea in this behalf the said defendant says
that the said plaintiff ought not to have or maintain his aforesaid
action thereof against him the defendant, because he says that
the said John before and at the time of his decease was, and
the said plaintiff administrator as aforesaid since
his decease was and still is indebted to the defendant
in a large sum of money to test the sum of three thousand
dollars
for money by the defendant lent and advanced
to & paid laid out & expended for the said John in his life
time & at his request, for money by the said John in
his lifetime had & received to and for the case of the defen-
dant, and for divers goods wares and merchandizes
by the defendant sold and delivered to the said
John in his life time & at his request and also for
meat drink clothing washing and lodging by the defendant
found and provided for the said John in his lifetime
and at his request which said sum of money is still
due and unpaid to the defendant and exceeds the dama
ges sustained by the plaintiff by reason of the perform
ances of the said supposed & undertakings in
the declaration mentioned and the defendant is ready &
willing and hereby offers to set off and allow to the plaintiff
the amount of his said damages, according to the person of the statute
in suit were made and provided to wit at the county aforesaid

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and this the defendant is ready to verify wherefore
he prays Judgment &C

GeyerGeyer for defts