David W. Arnold Deposition from Robert McArtor vs. Eli Crupper, et al.

Contributed by Anonymous

Source: Fauquier County, Virginia Circuit Superior Court of Law and Chancery. Entire case dated 1841-1844, David W. Arnold's deposition dated 1843. A scan of the entire case can be found at the Library of Virginia website.

Depositions of David W. Arnold, James W. Green and others taken at the Hotel of Thompson Ashby in the town of Paris Fauq'r Cty on the 2nd day of Oct. 1843 pursuant to the notice herewith enclosed to be read as evidence in suit now depending Circuit Supr Court of Law & Chancery for Fauq'r County, in which Rob't McArtor is plaintiff and Peter Hartman, Humble (Kimble?) G. Hicks, John Hartman and Eli Crupper Admr. of Benj'a Howmer Dec'd are defendants. This deponent being first duly sworn deposeth and sayeth

Questions by Plaintiff. Are you or are you not acquainted with the house & lot in the town of Paris, which formerly belonged to Benj'a Howmer Dec'd, and recently sold under a deed of Trust to Ira Hartman to satisfy a debt to Peter Hartment?

Answer - I am

Question by same - were you or were you not present on the day of sale

Answer - I was

Question by same - Do you or do you not think the said house & lot sold at a sacrifice?

Answer I do

Question by same Do you recollect the amount it sold for on that day, and also state about what you think would be a fair price for the said house & lot on a short credit say of payments in six twelve & eighteen months

Answer, I am not certain as to the amount- there was two Bonds of Two Hundred Dollars each - with Interest on the bonds, I cant say what amount But believe the bond including the Interest was between four and five hundred Dollars. The witness thinks the sale was about sufficient to cover the two bonds witness also believes that the house in question is worth on a short credit seven hundred dollars.

Question by same Do you or do you not know of any person who wanted s'd property and offered more on a short credit than it was sold for

Answer, a gentleman told me he would give at that time on a short credit seven hundred dollars

Question by same State whether that gentleman did or did not request you to state, or communicate his offer to Peter Hartman, which you did or did not so communicate said offer to s'd Hartman, and if so, state what conversation took place between you and Hartman

Answer, some short time before the day of sale I mentioned to Mr. Hartman that the gentleman was willing to give seven hundred dollars for the property on a short credit, the conversation that took place between me and Mr. Hartman was following- I axht (sic) Mr. Hartman how much was yet due on the property he told me between six and seven hundred dollars _________ three notes with the Interests.

Question by same. Did Mr. Hartman seem willing to give you any information on the subject you asked him

Answer - he did not seem to be willing to communicate on the subject to me

Question by same Do you know in what paper the sale was advertised in

Answer I do not

Question by same, Were there many persons at the sale, and did it seem to be generally known in neighborhood that the sale was to take place as it did

Answer - There was very few at the sale and don't believe many persons new (sic) of sale.

Question by same From what you saw of the proceedings did you think it a fair, open Public sale or not

Answer. I did not think it was

Question by same. Was it or was it not generally understood on the day of sale that it was for cash

Answer, not all cash I don’t think. one payment was cash and the other was to be paid the first of January

Question by the Defendant - Was not the sale conducted in a fair open manner without any partiality on the part of the Trustee and did he not endeavour (sic) to sell the property at the best price.

Answer, It is more than probable he did (m___ the Trustee)

Question by the same - Was not the price for which this property was sold Equal to the sale of the houses and lots belonging to Josiah Murray and the late D_. Fitzhugh

Answer I never heard what Josiah Murray's house sold for witness thinks that D_ Fitzhugh's property was worth but little more than the property in question

Question by the same - Is not John Hartman the purchaser of the property in question and yourself carying (sic) the Taloring (sic) Business in the Town of Paris

Answer yes

The further taking of the deposition is adjourned till tomorrow Tuesday the 3rd of October 1843 A continuation of the Deposition of D. M. Arnold taken on Tuesday the 3rd of Oct 1843 pursuant to adjournment

Question by the same - What reason can you asign (sic) that it was not a fair sale - ?

Answer-Because those that were _____ except the Trustees did not In my opinion act fairly- Further this deponent saith not

The desposition of James W. Green taken at the same time and place

Question by Plaintiff - Are you acquainted with the house & lot in question?

Answer I am

Question by same Were you or were you not desirous of purchasing said house & lot, about the time of the sale?

Answer I was at that time

Question by same. Did you or did you not communicate your Desire to David W. Arnold and if so, state the conversation that took place between you and him?

Answer. As I passed by Mr. Arnolds shop one morning he called me in & informed me that the house & lot then occupied by Mr. J. Hummer would be sold at a certain time & if I wanted it I would have a chance to buy it. He also informed me that there was between six & seven hundred dollars due Mr. P. Hartman on it & asked me if I would not give that amount for it- I told him as I was then anxious to purchase a house I would provided I could make the arrangement with Mr. Hartman I told him further that I had no money at that time but that I would get $2.50 or $3.00 [$250 or $300?] in the course of a month or two which would probably enable me to make the first payment In a previous conversation with Mr. Arnold I told him that I was willing to give $700 for the property

Question by same - about what do you think said house & lot worth?

Answer about $6.00 [this must be $600, but the copy has a period after the 6]

Further this deponent saith not