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was possessed of 6 acres in Tullycossinmore and enjoyed same for 5 or 6 years. That Plt. Agreed with Capt. Henry Hughes to claim sd lands in the Court of Claims in trust for Plt. as for the Deft. David Betty according to their respective proportion of sd lands, and that Plt, paid Hughes £10 towards costs to procure confirmation from the Commissioners and to secure letters patent for the lands; knows because this Deponent lent Plt.. £3 of the £10 and did hear Hughes acknowledge receipt thereof.
(4.) That Hughes became possessed of 6 acres in Trust in Tullycossinmore and possessed same for 13 or 14 years, and also possessed himself of the other 6 acres in Tullycossinmore and of 38 acres in Tullycossin begg belonging to Plt. and held them for sd time. That Deft. Commenced a suit agst Hughes to recover the lands, and Plt. paid to Deft. To prosecute the suit about £14 or £15. That Deft. obtained a Decree together with £50 for the maine profits of the lands for the time Hughes withheld them. That Hughes gave possession of the lands to Deft. and paid him the money pursuant to the Decree. That Plt. at several times paid to Deft. £17 towards prosecution of the suit, knows because this Deponent was present when Plt. gave monies to Deft. at various times. This Dept. did also see a certificate under the hand of Pierce Birmingham, attorney for Deft., acknowledging receipt of monies from Plt. in behalf of Deft. (5) That Deft. before the suit was commenced agst Hughes did promise and agree with John Rea to give him his due proportion of sd lands when recovered and also proportionately of the maine profits.??his Deponent was present when Deft. refused to perform the promise and still doth refuse.
This Deponent was present when Deft told Plt. he had got three bonds from Hughes and he wrapped them up together, and Plt. bade Deft lay them on the chest till his mother got up to put them away which he did. That upon some falling out between Deft. and his mother and others this Deft told them he had that in his pocket that would do all their business, whereupon Plt. asked his wife if she had the bonds and made her go look for them and she found but one bond and two other papers wrapped together. That Plt. followed Deft. and took away the other two bonds out of his pocket at one Edmand Duft & Keegan’s house while the Deft. was lying asleep there. That in the town of Sligo an agreement was made between the Plt. and Deft. about arbitration to be held at Beletra and thereupon Plt. delivered back to Deft. the sd two bonds. The arbitration meeting there did not agree and they appointed another meeting to be at the house of John Filbs of Ballysadara but thither the Deft’s arbitrators came not and by reason thereof there could be nothing further done.
William Rea of Clooneene, co. Sligo, Yeoman, aged 23 (1) knows Plt. and Deft. Did not know Wm. Betty, deceased. Does not know the lands of Corran Morrise. Knows the lands of Tullycossin Begg and Tallycossin More these 2 years. (2) That Wm. Betty had lands due to him for service in Ireland, but same were not taken out in his lifetime, but that there was 6 acres to be laid out to Wm Betty in some part of Tullycossin More and some in Dromrane, but that he did not enjoy that
