Stewart v. Kirkland

The defendant in error brought his action of assumpsit for the use of Daniel K. Holmes, against Stewart, to recover upon an account for work and labor, &c., amounting to $60 87. Defendant below pleaded off-set and payment. There was a verdict and judgment against him. On the trial a bill of *163exceptions was sealed, from which it appears that the plaintiff below read to the jury a deed of trust executed by Kirkland & Holmes on the 30th Dec. 1846, by which the said Kirkland conveys to Holmes as trustee to secure the payment by the first day of Jan. 1848, of certain debts therein named, a few…