of Joseph Swan, administrator of all and singular the goods and chattels, rights & credits of John Oliver, deceased, at the time of his death, who died intestate being in custody &c of a plea of trespass on the case on premises.
For that whereas the said Plaintiff heretofore, towit, on the first day of January in the year of your Lord 1838, towit in the County and Territory aforesaid bargained with the said John Oliver, since deceased to buy of said John Oliver, a certain horse, and the said John Oliver, then and there falsely Warrantry the said horse to be sound, falsely and fraudulently induced the said Plaintiff then and there to buy, and the said Plaintiff did then and there buy of the said defendant the said horse for a large sum of money to wit the sum of one hundred and fifty dollars of lawful money. Whereas in truth and in fact the said horse at the time of the Warranty and sale was not sound but then was, and thence hitherto hath been, and still is unsound and of no use or value to the said plaintiff towit at &c aforesaid.
And whereas also the said John Oliver in his lifetime to suit in the County and Territory aforesaid and in the day aforesaid was indebted to the said plaintiff in the sum of $150. lawful money, for money by the said plaintiff lent and advanced to, laid out and expended for the said John Oliver in his lifetime and at his special instance & request. And also in the further sum of $150 like lawful money, for other money by the said John Oliver, in his lifetime before that time had and received to and for the use of the said plaintiff, and being so indebted he the said John Oliver in his life