1778-11-05 (static/transcriptions/1778/11/012.jpg)

1778. 4 Term. [Thursday] Nov. 5.

Defeasance, and being executed at the same time, and written on the same Paper, we ought to construe it as One Instrument.
The consequence is, that this Rule must be made absolute.

Edward Ellerington
v
Sissoram Goho.
Mr. Brix Moved for Judgment of Non Suit, for not proceeding to Trial. Mr. Newman, Shew’d for Cause that the Subscribing Witnesses were Servants of the Defendant and lived in the Defendants house, and that though they were subpoenaed they did not attend. Though contrary affidavits were produced for the Defendant yet we thought his conduct very suspicious, and therefore Discharged the Rule Nisi with Costs.