Edward Clud v. Sir Edward Littleton, Bart.: Alleged agreement made by defendant with...

Edward Clud v. Sir Edward Littleton, Bart.: Alleged agreement made by defendant with the plaintiff to pay the plaintiff an annuity of 5l. during defendant's life. What was the consideration thereof? One deponent, examined on the plaintiff's behalf, states "that he hath severall times heard the defendt, Sir Edward Littleton, owne and acknowledge that hee was obliged to pay the compl't five pound p' ann' during his, the deft.'s, life for a guelding the compl't formerly sold the said deft. And further saith that about five years agoe uppon discourse betweene the deft. and this dep't att the Swann Inne in Stonall, in the county of Stafford, the deft. owned and declared to this depon't that hee had paid five pounds p' ann' to the compl't for the said gueldinge for thirty years, and hoped to live thirty years longer to pay the same; And att severall other times hath acknowledged the agreemt betweene him and the compl't; and hath severall times asked this depont whether hee did believe the compl't desired the deft.'s death, and this depont told the deft. hee did believe hee rather desired his life by reason hee shod have an advantage thereby, or words to that effect." And further "saith that the said deft. hath severall times told this depont that hee had made severall bargaines to pay to severall p'sons money duringe his life, but in regard the compl't had beene soe generous not to insist of any note or security under his, the deft.'s, hand for the paymt of the said five pound p' ann' hee woud punctually pay him accordinge to his agreemt, or used words to the same or like effect." Another deponent on the plaintiff's behalf states "that hee was born at Penckrich, in the county of Stafford, in the same p'ish where the deft. Sr Edward Littleton formerly lived, and that above thirty yeares agoe itt was then the com'on discourse of the neighbours and parishnrs of Penckrich that the deft. had bought a gueldinge of the compl't, for which hee was to pay the compl't five pounds p' ann' duringe his the deft.'s life; and hath often since heard the compl't declare and speake to the same purpose, and that hee had receaved all the yearly paymts due to him in pursuance of the said agreemt untill about the yeare one thousand seven hundred and one," &c., &c.: Salop