Howard, Wilson Petition Court to add Dunn, Brown [agts] to Jno. McP. Brien Case.

To the Honorable Isaac A. Douglass, Judge of the Circuit Superior Court of Law and Chancery for Jefferson County in the State of Virginia. Your Orators John C Howard and Matthew Wilson I respectfully shew to your Honor that John McP Brien, who is not an inhabitant of the State of Virginia nor to be found therein so that the order or any process of Law may be served upon him, is largely indebted to your notes; on the 29th day of August 1842 he owed your orators $1528.50, for which they held his bank drafts on his agent in Baltimore, but surrendered them upon his agreeing to furnish them with nails at the Antietam Iron Works sufficient to pay the said sum at $4.50 per keg. Whereupon Mr. Brien drew an order on his agent Wm. Brown to that effect, directing him to deliver the nails, which order was presented by a friend in behalf of your orators at the Iron Works of Mr. Brien to his agent on where it was drawn, who did not deliver the nails then, or accept the order. Since their issued applications have been made for the nails, and although often promised have never been delivered until after your Orators said out his attachment against the land, funds and effects of the said Brien. Since then sixty kegs have been delivered of the value of $270, which we credited on the said order as will be seen by reference to the order which is herewith filed as an exhibit marked A. The said John McP. Brien is therefore indebted to your orators in the sum of $1528.50 with Interest thereon from the 29th day of August 1842, and $135 to be credited on the 15th day of Dec 1842, and $135 to be credited on the 17th day of December 1842. Your orators further shew to your Honour that the said John McP. Brien has valuable land lying in the County of Jefferson, with stock, farming utensils, and then property in the hands of John Dunn, who is his agent, and funds and effects of William Brown. They therefore pray, being remediless in the promises, except in the Court of Chancery where matters of this sort are properly recognizable, that the said John McP. Brien, John Dunn, and William Brown may be made defendants hereunto and required to answer this bill. The lands, funds, and effts of the absent defendant John McP. Brien may be attached and made liable for the debt aforesaid and the [?] of this suit, in pursuance of the statute in such cases proved. That the said John Dunn and William Brown may particularly state and declare under their respective corporal oaths, what property, money or effects were in their possession or in any way under their control at the time of service of the [spa?] in this suit, and what may have since come to their hands, and that your Honour would make an order restraining them from disposing of or parting with the possession of their same until the further order of the Court and that your Honour would make such other and further orders and devise in the premises as may be right and proper. [?] it please Your Honour to grant the Commonwealth [?] of attachment in Chancery to the defendants