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at night, by William J. Mallard, a Plaintiff pursued by tracking the mule to Mr Jackson's where he found the mule in the possession of said Mallard who promised to return said mule, but has never done so. Said mule is now in the possession of L. John Mallard the defendant. Sued to Defendant by said William J. Mallard. Plantiff had lost a horse by being taken by the Federal Soldiers. When Capt Jullis, a federal officer was stationed in Riceboro. Plaintiff applied to him for reason after the Collapse of the Confederate in May or June 1860 - Capt Jullis gave Plaintiff a summons for William J. Mallard which he carried to said Mallard house, and left with his wife - Plaintiff saw William J. Mallard at Capt Jullis's head quarters afterwards when Mallard told Plaintiff that the case had been settled, and afterwards saw Cpat Jullis who said that he was going off and had to time to bother with no horse business. Said mule was worth about fifty dollars. Plaintiff presented his claim no further until this present suit - other witnesses were introduced, were introduced, substantiating  the above testimony, and which in admitted by the defendant to be correct except as to value and other minor particulars.
So much for the testimony on the part of the plantiff -