of Complaint and that said last will & testament was made subject to the [?] of the said Deed of Assignment a true copy of which is believed to be annexed to said Complainants Bill of Complaint marked B and this Defendant further saith that he is informed and believes that the indebtedness claimed by the administrator of said [?] Sherman of due [?] all was originally founded on a claim of said Sherman against the firm of James and Robert McHardy mentioned in said deed of assignment and was not the individual debt of the said Robert McHardy.
And this Defendant further answering saith that he admits it to be true that the complainant or Executor of the said last will and testament of Robert McHardy did sometime in the year 1844 collect and [?] at the Treasury Department of the United States this amount mentioned in the said complainants Bill of Complaint and that this sum was collected and reserved for losses sustained by said Robert McHardy in the year 1812 or 1813 as set forth by the said Complainant in his Bill of Complaint and that the amount paid at said Treasury Department to the said complainant as Executor as aforesaid was for the loss and destruction of the crop made by said Robert McHardy on his plantation at Tomoka as follows to wit for the loss of the cotton crop of 1811 $350 for the loss of the cotton crop of 1812 $5250 for the loss of the provision crop of 1812 $815 for the loss of the crops of 1813 $4400
And Defendant further answering saith that during the years 1811 1812 and 1813 above enumerated and when the said losses occurred the said Robert McHardy was a Spanish subject, that prior to that time, to wit, in the year 1798 he had intermarried with Mr. Mary McHardy who was at the time a resident of the Island of Nassau New Providence, that either prior to said marriage