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a portion of the money due the said Tabb for for rent - from the encroachment of the stock of the said Tabb, we erected a sufficient fence as a guard, taking a portion of the material for the said fence from the down wood of the Back Creek Estate:  This fence thus erected by myself assisted by my brother, answered the the purpose for which it was constructed, as I was not at any time after troubled by stock of any description.

While engaged in building this fence and when nearly completed, the said Tabb rode up, and demanded to know, what I was doing, and said that the fence was not according to the contract. I replied that it (the fence) was not exactly in accordance with the contract but that I had a lot of rails up in the woods which I had "mauled" for this fence and which he had agreed to haul (one half of the number of them) along the line to be occupied by the said fence. He then rode away, I still continued to work on the fence, which was constructed of ordinary rails, pine poles and other such material, as I had found lying around, unused, and among the down wood, on the Back Creek Estate, and to the use of which material, he the said Tabb had raised no objection, at the time of his visit, but did object to the manner in which it was being placed in the construction of said fence.  A few hours after this meeting, and during the same day, the said fence being completed, I with my brother John on our way out to the county road, we saw the said Tabb riding on horsback and advancing towards us from the direction of my house.  He the said Tabb overtook us and asked us where we were going.  We were seated in our tumbril and replied that we were on our way out to the county road 

He the said Tabb rode up and seized our horse by the bitt and said, "you dam'd black sons of bitches, and 

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---------- Reopened for Editing 2023-12-27 12:36:55