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[margin] Eighth
of the Court to give tio each of them the defendant excepted
1. The defendant further asked the court to charge the Jury that accord-
ing to the terms of the deed to Plaintiff it was necessary for him to show
an acceptance of its benefits to the Branch Bank at Montgomery
previous to the levey of the attachment by the defendant as Sheriff and
that unless the fact is shown by Proof that the deed is not beneficial
to the Bank and that for want of the proof of acceptance the Plaintiff
[margin]Ninth
cannot recover & That unless the assent of all the preferd cred-
itors in the deeds to Plaintiff whose debts were due previous to its
execution has been shown by the Plaintiff prior to the levey of the att-
achment by defendant as Sheriff that then the Plaintiff according
[margin] Tenth
to the terms of the deed cannot recover. 3rd That according to the
deeds from Hunter to Thomas and from Thomas to Plaintiff that
Thomas under the proof had no right to execute the deed to Plaintiff
if they believed further that a portion of the property conveyed in said
last deed was the copartnership asset of Hunter & Thomas and a part
the individual property of Thomas. All these several charges the Court
likewise refused to give and to the refusal of the Court to give them
[margin] Eleventh
the Defendant also excepted. 4th The defendant further asked the Court
to charge the Jury that if they beleived that Thomas was insolvent when
he Executed the deed to Plaintiff thay then is a Secret Trust on the face
of the instrument in favor of Thomas which under its inoperative as
to creditors. This charge the Court gave but with it an additional
charge that if they beleived from the evidence that the caluse in the deed
allowing Thomas to retain the property as therein disclosed was placed
then by the attorney of the Plaintiffmerely to protect the property &
not to confer a use or benefit on Thomas and without any intention
of creating a Secret trust in his favor that then the deed was valid
and not in operation for this cause, [To] this refusal of the Court to
give the charge asked for without the additional charge and to the addit-
ional charge given by tghe Court the Defendant by his consent also excepted
[margin] Twelfth
1. The Defendant further asked the court to rule out the testimony of
the attorney who testified as to the insertion of the clause in the deed to
Plaintiff as to the retention of a portion of the property therein named
by Thomas as going to show the intention with which the deed was ex-
[margin]Thirteenth
ecuted. 2. It was proven that the said attorney had been employed
by the Plaintiff in the cause before he was called to testify and that no
Special contract executed as to the payment of his fee in the cause but
that he expected to receive a fair equivalent for his services from the
Plaintiff the Defendant on his ground also moved to exclude his test-
imony from the Jury but the refused both of these motions seperately
[margin] Fourteenth 14n
and the Defendant also excepted to the ruling of the Court, The
Defendant further asked the Court to charge the Jury that if in com-