3

when it purports to hear date, and if so whether the Sum specified therein to be due
from the said Welsh to him to the said Rootes does really and bonafide
remain due? Whether the said Mortgage was recorded at the time of the Sale
made by the said Welsh to your Orator? Whether he the said Rootes did not
write the Letter first abovementioned to the said Edward Smith and of the
Purport beforementioned? and Whether at the Time the sd Rootes communicated to
the said Smith any Information of his having a Mortage from the sd Welsh of
the said tract of Land? And that the said James Welsh may upon his cor
poral Oath declare whether when he sold the said Tract of Land to your Orator
he did not assure your Orator that he the said Welsh had a clear and indis
putable Title thereto and that there was no Mortgage or other Incumbrance there
on? Whether at the same time he the said Welsh did not exhibit to your Orator
a Deed from the said Rootes to him the said Welsh, and also the Letter first above
mentioned from the said Rootes to the said Edward Smith, and sundry Title Papers
relative to the said Land, and whether the sd Deed, Letter adn Title papers were
not at the time of the Purchase made by your Orator as aforesaid, delivered
up to your Orator? Whether the Mortgage was alledged by the said Rootes to have
been executed by the sd Welsh to the said Rootes was naturally executed at the
time when it purports to hear date? Whether the Sum therein menionted to be due
is really and bonafide due and was due when the said Mortgage was excu
ted? Whether Your Orator confiding in the Assurances of the sd Welsh did not
convey a House and Lott in Winchester to the sd Welsh valued at seven hundred
pounds, pay him the sum of hone hundred pounds in Cash, and give him the Bonds
above mentioned as the Consideration for the Purchase of the sd Land? Whether
he the said Welsh did not assign one of those Bonds to the Defendant Peter Lauck
to wit the one for the Sum of fifty pounds, and Whether it was not in Consideration of a
debt, in whole or in part previously due from him the said Welsh to the said
Lauck?-- And that the said Lauck may declare upon his corporal Oath Whether
Your Orator did not immediately after he was informed of the Deception prac
ticed upon him by the said Welsh inform the sd Lauck there of and at the [torn]
apprize him the sd Lauck that Your Orator woud contest the Payment of the sd Bond
Whether the sd Welsh had not contracted an Account with him the said Lauck
previous to his taking an assignment of the said Bond? What was the Amount
of the sd Account? and Whether the said Bond was not assigned wholly or in part
to discharge the said Account? And that Your Orator may either be quieted in
in the possession of the said Tract of Land purchased as aforesaid from the said
Welsh notwithstanding the Mortgage claimed by the said Rootes, upon the Ground
that the Conduct of the said Rootes, is concealing this Claim facilitated the Decep
tion practiced by the said Welsh upon your Orator, and if so that the said Morgage
be cancelled: Or if not, that the said Welsh may be decreed to give up to your
Orator the Conveyance made by your Orator for the House and Lott in Winchester
as aforesaid, to refund the hundred pounds Cash which Your Orator paid him at