
    
      HARRISON COUNTY
    
    MAY TERM, 1816.
    
    Present — TAPPAN, President; ROBERTS, BOYD, SEERS, Associates,
    
    KENNEDY vs. ANKRIM.
    DEBT, FOR THE PENALTY CONTAINED IN ARTICLES OF AGREEMENT, FOR
    THE CONVEYANCE OF AN ESTATE.
    An account made out on a loose piece of paper, is not a hoolc account within the statute.
    
      Plea. — Non est factum. Notice of set-off.
    Wright, for plaintiff.
    Beebe, for defendant.
    To support the set-off, defendant offered an account made at the bar on a loose piece of paper, and moved the court that the defendant might be sworn to prove it.
   President.

The statute law permits the parties to suits, to be sworn to their book accounts, if not of more than 18 months standing. The paper offered here is no book account; there is nothing, therefore, for the defendant to swear to; it would be insulting the court to argue that such a piece of paper is a book account. It cannot be admitted.  