Affidavit, 4 May 1841 [Singley v. Rigdon]

Whereas A suit is now pending <​in​> the circuit court of now sitting where Nicholas Singl[e]y is plantiff & the defendant the suit being brought on a note of hand the having subpeonied three witnesses and said witnesses will not as appears be able to get here till the [illegible] [4th?] day of the term the witnesses are Joseph Smith and all of in this and as the cannot safely go to trial without said witnesses Mr Smith particularly as he expects to prove by Mr Joseph Smith that the note on which the suit is brought was paid by him to said Nicholas Singly and that after payment had been made to said Singly that being dissatisfied with part of the money he got of his money in exchange for it from said Mr Smith. The also believes that he can prove by said that the note now in suit has been paid. He also bel expects to prove that by the circumstances in relation to an endosment on said [p. [1]]