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the said decretal order, were served personally upon the said Seth P. Staples, guardian, as aforesaid, on the 13th day of February, 1835. And it also appearing from an affidavit of such complainant, now filed, that he hath not been paid such amount, nor any part thereof. Thereupon, on motion of Murray Hoffman, counsel for such complainant, it is ordered and decreed, that the said defendant, Thomas Wells, do stand absolutely debarred and foreclosed of and from all right, title, interest, equity and benefit of redemption, of, in and to the said mortgaged premises, as the same are described in the said decree of the 24th of November, in the year 1829.

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It appearing to this court that a decree was heretofore made upon the hearing of this cause, on the 24th day of November, 1834, whereby it was referred to D. C., one of the masters of this court, to compute and ascertain what is due to the complainant for principal and interest, upon the amount paid for taxes and assessments, upon the premises mentioned in the bill of complaint, out of the sum of nine hundred and eighty dollars, the purchase money of such premises, given and advanced by the complainant at the master's sale set forth in such bill, and also to compute and ascertain the amount due for principal and interest upon the bond and mortgages, bearing date the twenty-third day of May, eighteen hundred and twenty-nine, mentioned in such bill. And further, that the complainant's costs in such cause, should be taxed and be specified in such report, and added to the amount which should be found due for principal and interest aforesaid. And upon the defendant paying to such complainant the amount that shall be found due for principal and interest, and costs as aforesaid, within three months after service of a copy of such report duly confirmed, and a copy of this decree upon the said S. P. S., guardian ad litem, then that such complainant do execute and deliver a proper instrument of conveyance of the said premises to such defendant, to be approved of by the said master, in case the parties differ respecting the same, and to cancel and satisfy of record, such mortgage if thereto required. But in default of such defendant, or some one in his behalf, paying to the complainant, or his solicitor, what shall be so reported due for principal and interest and costs, within the period aforesaid, then it is

ordered, adjudged and decreed, that such defendant so stand absolutely debarred and foreclosed of and from all equity of redemption, of, in and to the said premises included in the mortgage mentioned in the bill of complaint.

And it further appearing, that the said master made his report in the premises on the 15th day of January, 1835, whereby he certified that there was due to the above named complainant, the sum of $1811 69 for principal and interest and costs, upon and by virtue of the said mortgage, which report was by an order of this court, dated the

day of

1835, duly confirmed. And it also appears on affidavit of H. L. now filed, that certified copies of such report, and of the order confirming the same, and of the said decree, were served personally upon the said S. P. S., guardian as aforesaid, on the 13th day of February, 1835. And it also appearing from an affidavit of such complainant now filed, that he hath not been paid such amount, nor any part thereof:-Thereupon, on motion of Mr. H., counsel for such complainant, it is ordered and decreed, that the said defendant, T. W., do stand absolutely debarred and foreclosed, of and from all right, title, interest, equity, and benefit of redemption of, in and to the said mortgaged premises, as the same are described in the said decree of the 24th of November, in the year 1834.

No. 266, Vol. II.-Page 156.

BILL FOR REDEMPTION.

In Chancery.

To, &c.

Humbly complaining, show unto your honor, your orator, J. L. D., of the city of New-York, merchant, that heretofore, to wit, on the 25th day of April, 1814, and before, your orator was seised in his own right, in fee of all and singular a certain lot of land and premises, situate in the first ward of the city of New-York, described as follows: All, &c.

And your orator further shows, that on or about the said 25th day of April, in the year 1814, your orator being indebted to one L. M., then of the city of New-York, in a large sum of money, it was agreed by and between your orator and the said M., that your orator should transfer the aforesaid lot of ground and premises to the said M., by way of mortgage, for the purpose of securing him the amount in whole or in part of such indebtedness. That in pursuance of such agreement, your orator, on or about the said 25th day of April, in the year 1814, by an indenture bearing date such day and year aforesaid, did, for and in consideration of the sum of eleven thousand dollars, expressed therein as the consideration thereof, grant, bargain, and sell unto the said L. M., his heirs and assigns, the said lot of land and premises hereinbefore mentioned and particularly described. To have and to hold the same, with the appurtenances, to him, his heirs and assigns for ever, as by such indenture of, or the record thereof, duly recorded in the office of

the register in and for the city and county of New-York, in liber No. 106 of Conveyances, page 343, will on reference appear.

And your orator further shows unto your honor, that such conveyance, although absolute in its face, was intended, executed and received solely as a security or mortgage for the payment of the balance, which upon a settlement of accounts might be found due from your orator to the said L. M. And further, that the said M. hath repeatedly admitted and declared in writing, by instruments or papers in his own hand-writing, or signed by him, that such indenture was made and intended, and was held only as such mortgage or pledge.

And your orator further shows, that after the execution and delivery of the said indenture, your orator continued in the possession of the said premises, and receipt of the rents and profits thereof, and by and with the knowledge and assent of the said M. executed a lease for a part thereof to H. H. and C. P., for the period of five years, from the first of May, eighteen hundred and sixteen, for the yearly rents of fifteen hundred dollars, and which lease bears date the thirtieth day of April, eighteen hundred and sixteen, as by such lease in your orator's possession, and ready to be produced as this court shall direct, will on reference appear.

And your orator further shows unto your honor, that the account between your orator and the said M., continued an open and current account from the said twenty-fifth of April, eighteen hundred and fourteen, your orator occasionally receiving monies on account of the said M., and making payments to or becoming entitled to credits with him. And further, that on or about the fourth of May, eighteen hundred and twenty-one, the said M. having determined to leave the city of New-York for France, there to reside, and your orator not being then able to pay off the balance due to him, for which such indenture and the premises therein contained were pledged, it was agreed for the convenience of all parties that the said M. should place the said premises in the name of J. B., of the city of NewYork, who should take a conveyance of the same in his own name, and execute a mortgage thereof to the said M., without however in any degree affecting or impairing the rights of your orator. That in pursuance of such arrangement, your orator did fully and particularly inform the said J. B. of the situation of such premises, and your orator's rights and interests therein, and of the intended arrangement between your orator and the said M., and especially that it was expressly and distinctly agreed by and between your orator and the said M., that the conveyance so to be made to the said B., and the mortgage to be executed by the latter to the said M., should not affect or vary the relation between your orator and the said M. as to such premises, but that such relation as mortgagor and mortgagee should remain unimpaired, and that the said B. should, in fact, be only the representative of the said M. in his the said M.'s character of mortgagee.

And your orator further shows, that the said B. was fully apprized of the premises, and did thereupon assent to become the attorney or agent of the said M., for the purpose of preserving the rights and interests of the said M. in the premises as such mortgagee, and thereupon to carry such agreement into effect, the said M., in and by a certain indenture bearing date the fourth

day of May, eighteen hundred and twenty-one, made and executed by and between the said L. M. of the first part, and the said J. B. of the second part, for and in consideration of the sum of twelve thousand dollars, &c. [Recital of the deed from M. to B., and its record.]

And your orator further shows, that the said J. B., on or about the said fourth day of May, eighteen hundred and twenty-one, did make, execute, and deliver to the said L. M., an indenture of mortgage upon the said premises, bearing date on or about the day and year last aforesaid, for securing the sum of twelve thousand dollars, to be paid to the said M., but which indenture of mortgage was never registered as your orator charges.

And your orator further shows, that such mortgage was executed and delivered by the said B., solely to fulfil the arrangements and agreements between your orator and the said M. as aforesaid, and that the said B. did not pay to the said M., or account for with him for the purchase money expressed in the deed to him the said B. before recited, nor any part thereof. But that such deed was accepted, and such mortgage executed and delivered by the said B. solely as the attorney or agent of the said M., the mortgagee aforesaid, and to earry into effect the agreement with your orator as aforesaid.

And your orator further shows, that after the execution of the said deed and mortgage aforesaid, to wit, after the said fourth day of May, eighteen hundred and twenty-one, your orator continued for more than four years in the possession of such premises, and in the reception of the rents and profits thereof, and did lease and rent out such premises, or part thereof, and did exercise other acts of ownership in and about the same. And further, that your orator was in the habit, during such period, of paying over such rents to the said B., as agent both of the said M. and of your orator, for the purpose of being remitted to him on account of the debt due by your orator as aforesaid. And further, that such remittances were actually made to the said M. And your orator further shows unto your honor, that the said J. B., by and with the direction and assent of the said L. M., by indenture bearing date the first day of June, eighteen hundred and twenty-nine, made and executed by and between the said J. B. of the first part, and J. C. and J. R., partners in trade, under the firm or style of C. & R., of the second part, did grant, bargain and sell and convey unto the said J. C. and J. R., for and in consideration of the sum of fifteen thousand dollars, therein expressed, all and singular the aforesaid lot of ground and premises; to have and to hold the same to them, their heirs and assigns for ever, subject however to a certain lease executed by the said J. B., as therein expressed, as by such indenture or record thereof, recorded in the office of the register in and for the city and county of New-York, in liber 254 of Conveyances, page 238, the twenty-second August, eighteen hundred and twenty-nine, will on reference appear.

And your orator further shows unto your honor, that he has been informed and believes, and charges the truth to be, that the said J. B. received the said sum of fifteen thousand dollars, and remitted the same to the said M., or has given him credit therefor, or in some mode accounted with him for the same. And your orator further showeth, that on or about the time of the conveyance aforesaid, from the said B. to the said J. C. and J. R., parties as aforesaid, it was further required by the said B., on behalf of the said M., that your

orator should pay up certain arrears of rent due from your orator, arising from his having collected the rents of the premises, or being responsible for the occupation of a part thereof. And thereupon your orator agreed with the said J. C. and J. R., parties as aforesaid, that they should endorse the note of your orator for the amount of such arrears, and should give the same to the said B., and that the premises aforesaid should stand as a security to them as well for such endorsements, as for the said fifteen thousand dollars, so to be advanced by them as aforesaid. And further, in pursuance of such agreement, a note of your orator, for the sum of five hundred and seventy-five dollars, was endorsed by the said C. & R. in their said partnership name and state, and delivered to the said B. for the use of the said M.

And your orator further shows, that the said J. C. and J. R., partners as aforesaid, were, and each of them was fully informed and apprized at and before the time of the execution and delivery of the conveyance aforesaid, and the payment of the said sum of fifteen thousand dollars of the rights, title, and interest of your orator in such premises, and that the said M. had received the conveyance of such premises, and claimed the same as mortgagee only, or for security for a sum of money; and that the said J. B. had taken the deed aforesaid, and acted in the premises only as the agent or attorney of the said M., to preserve his rights as such mortgagee; and further, that the said J. C. and J. R., partners aforesaid, took and became entitled to, under and by virtue of the last recited indenture, executed to them as aforesaid, no other or greater estate or interest in the premises than was taken or held by the said M., or by the said J. B., as his attorney or agent, and that they became thereby subject to all the equities and rights of your orator in the premises, and did expressly contract and agree with your orator, to advance and loan to and for your orator's use, the sum of fifteen thousand dollars, and to endorse the said note, to be paid or delivered to or for the use of the said M. And your orator further shows, that the said J. C. and J. R., as such partners, and each of them well understanding the rights of your orators, and with a full intention and agreement to take and hold such premises as security only for the said sum of fifteen thousand dollars, paid by them, and the note so endorsed by them as aforesaid, have, and each of them hath, at different times since the date of such deed to them as aforesaid, recognized and admitted your orator's claim, and admitted and avowed that they and each of them held such premises, and claimed an interest and estate therein only as security for the payment of the sum of money aforesaid, and have promised and agreed to retrocede such premises to your orator upon being refunded such amount, without any interest being added thereto, it being expressly agreed that the rents of such premises should be in full satisfaction of such interest, and such note being discharged. And your orator well hoped that the said J. C. and J. R., partners as aforesaid, would have admitted the right of your orator to redeem such premises, and receive a conveyance of the same upon payment of such note for five hundred and seventyfive dollars as aforesaid, and upon payment of the said sum of fifteen thousand dollars, would have allowed your orator to so redeem the same, and would have surrendered such premises to your orator, and executed and delivered to him a good and sufficient deed of conveyance for the same. But

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