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; Neil McLean, and Hector McLean (all laymen, be it said) granted the demand and when the document was produced it was found to empower Dawson to sue for Lot 39, not Lot 40, and the Court dismissed the action with costs This was in March, 1791 ; Stringer was not satisfied; he gave Dawson a proper Power of Attorney and promptly si-ed again.

The defendant.

Booth, admitted being in possession of the land, but denied the plaintiffs title.

After several enlargements, the case came on for trial, September 17th, 1791, without a jury-.

The Court overruled an objection by the defendant against parol evidence of the plaintiffs title and the plaintiff adduced his evidence; the defendant produced a paper, signed by the plaintiff, exchanging with the defendant Lot 40 for two pounds eight shillings and ten pence and Lot 3 in the First Township, and he alleged that he and the plaintiff had arranged with the Deputy Surveyor, Mr Collins, that the defendant should have the Lot 40.

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