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To Charles Simms

Dear Sir

     I recd your letter on my way to the Stage office, and look'd over the record the same evening—thinking that I had been concerned in the cause in the County Court. I considered it improper to undertake the business in the Court of chancery and therefore sent it with your letter & the fee to Mr Campbell, Marshall being out of Town. I presume you will hear from him by the next stage—tho' I do not imagine that he can do anything for Mr Turly.

     Upon the merits of the case, there is no proof of the illegal consideration, and if there were, the case of Elliot & Smock in the Court of Appeals is decisive in favour of the assignee— I do not think that the Court erred in pronouncing its decree without the answer of Elbrey, since it could not have been evidence for or against any of the parties but himself— I also think that the cause is not in a state to be appealed from as the decree is meerly interlocutery—for tho' the cause came on for hearing yet the Court only dissolve the Injunction without dismissing the Bill— I call the decree interlocutory as it applies to the merits of the case—the residue may not be sustainable. I am dear Sir very sincerely yours &c.

B. Washington

Source Note

ALS, DLC: Charles Simms Papers.