I am extremely distresd <mutilated>y of my claims upon your attention, but the necessity I am under of collecting the sum due me from the estate oblidges me to address you again— enclosed you have your dft on Sheppard with its fate— he appears to have no wish to pay his debt untill perfectly convenient to himself— this will not suit me— I will if you are willing accept the whole amount of his debt and prosecute him for it immediately giving you security for the repayment of the balance[.]

I had the honor of receiving your letter of the 13th and 30th Ultimo by the last of which I find you have satisfied yourself of the mode to be pursued relative to the lands being entered upon the Commissioners books of the County where it lies, the uncertainty of the copy of the Deeds reaching the Commissioners of the respective Counties is such that I would recommend those concerned to see to its being done.

I recd your favor of yesterday, the interest you have taken in my affair, in your communication with Mr Hoy, I very sincerely thank you for, and I loose no time in answering your Letter. I do assure you I am as anxious to pay this debt as Mr Hoy can be to receive it, and if it was in my power to settle it at the shortest period that could be thought of for the convenience of Mr Hoy; it would give me unspeakable pleasure to do so, but to name a time that I could not possibly comply with, would be only trifling with him, and exceedingly injurious to myself.

     Some months ago a subpoena in Chancery at the suit of mr Banks¹ was served on me as former governor of Virginia, calling on me & others not named (but I suppose the Counsellors of that day) to appear— presuming it was for some act done on behalf of the commonwealth I wrote to the governor to know whether I must defend, or whether the executive would not undertake it for the Commonwealth, as they were possessed of the records & materials of defence. in his answer he assures me it shall be defended by the executive.

In a letter dated June 12th to Saml Washington I enclosed a mortgage to be executed by Colo. Thornton of the Fauquier land, and also one to be executed by himself of the horse shoe tract with directions for selling them proved & certified. After this letter copied I this day inserted a postscript calling on him for the $427.1 or so much of it as is due from him.

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I am extremely sorry for the cause which has prevented our meeting so early as I wished— I have been much disappointed, but concluded that you were sick, being too well assured of your honor to suppose that our agreement had escaped your memory. I shall be very happy to hear that you are on the recovery.

     On enquiry I am informed that Dick the Negro who was taken in Execution as is stated in my Bill of Injunction on a supposition that he was the property of Gerard Alexander decd, actually belonged to Philip Alexander in his private right— I think I shall not only be able to prove this fact, but that the Jury impanneled by the Sheriff to ascertain whose property he was, had no other Evidence before them to establish Gerard Alexanders right, except that of a Mullatto to which I objected before the Jury— With respect to this Negro Dick I can now prove by General Joh

     Upon a full consideration of the papers which have been laid before me & of the situation in which the Swearingens are placed by the several decrees in the case of Hite and others agt Fairfax

I am of opinion

     Porter has satisfactorily explained to me the affair of the $200 and therefore requests that you will proceed with the execution without loss of time. with much esteem I am Dr Sir yr mo. ob. Sevt

     Yours of July 27th was sent to Charlottesville instead of Milton, & therefore did not reach me untill yesterday.

     The land in quetion fell to my Brother Francis as my Father’s residuary Legatee; and as he is the only acting Executor, I have sent your letter to him, with a request that an immediate answer may be forwarded. I am with respect Sir Your obed: huml. Servt.