Flanagan; McPherson Brien Purchase & Suit

The separate answer of William Flanagan to a Bill of Foreign Attachment filed in the circuit Superior court of law and Chancery for Jefferson county against him and others by Henry Berry. This respondent making and reserving to himself now and at all times hereafter all proper exceptions to the [?] errors in said Bill, for answer therein or to so much thereof as he is advised it is material for him to answer & say: That he has no personal knowledge relative to the alleged indebtedness of the defendant Jno. McPherson Brien to the Complaint, but he presumes it is true that he is indebted as charged. It is admitted that the said Brien is a resident of the State of Maryland, and was at the time of the complaint issued in this case, and it may be true that this respondent has no personal knowledge of the fact, that the defendant Richard Perian who resides in this county is indebted to the said Brien in a considerable amount; and that he holds possession of a tract of land in this county near Shepherdstown formerly belonging to said Brien, But who owns said land now, or did at the time the [?] issued in this case, this respondent does not know. But this respondent denies that he himself is indebted to said Brien in a considerable amount, or in any amount at all. He further denies that he has in his possession a tract of land in this county, or elsewhere, belonging to the said Brien. Complaint has fallen into an error on this subject, and doubtless any [?] and immenintly, the truth of the case is, that on the 11th day of April 1838 [could be corrected to 1836 or 1835], this respondent [?] of Jno. McPherson, acting on behalf of the heirs of Jno. Brien, deceased, one of whom the said Jno. McPherson Brien himself is, the tract of land referred to the same on which respondent now resides in this County for the sum of $9000, $2000 cash and $1000 in 60 days, and the balance in annual payments with interest from said 11 of April 1838, as will appear more fully by the original agreement, there entered into herewith exhibited Marked “A” and prayed to be taken as part of this answer, to which agreement it will be seen the said Jno. McP Brien subscribed his name attesting witness. This respondent got possession of the said tract of land under the said purchase and agreement and of all the rents.— and has been in the undisturbed possession thereof up to the present moment, and he has paid to the said Jno. McP Brien this the said Jno. McPherson his full share of the purchase money including sundry obligations of the said Brien, paid and received as cash and he has paid in the same way to Henry A. Brien his share of said purchase money, having so paid as per receipts and vouchers altogether the sum of $7117.05 at the date stated in paper marked B. herewith exhibited and which is correct as it stands stated. The other heir being then and yet an infant under 21 years has not received his share. His name is Luke Truman Brien. Henry A. Brien as mentioned in form is dead having died after having mentioned for the benefit of the insolvent laws of Maryland and the said Jno. McPherson was appointed his [?] the said John McP Brien is still living & is also a petioner [?] the said j[?] laws. The said H. A. Brien also made a will and made said Jno McP [?] his chief Jweser and his executor and he has guardianship notwithstanding the said Jno. McP and H. A. Brien have thus been paid up in full of their interests in said tract of land. Yet they nor either of them have ever made this respondent a deed for the same. And if consistant with the rules of law and equity this respondent prays that this Honorable Court upon full proof of said agreement and of the payment to the said Jno. McP & H. A. Brien, that they or a commissioner in their stead may be required to execute deeds of conveyance to this respondent for the said interests in said tract of land and having now fully answered prays to have dismissed with his costs.