interests, property and effects whatsoever and wheresoever, of or belonging or due to the said party of the first part, or in which he had any estate, right, title or interest at the time of filing the bill of complaint in the above recited suit in chancery, and which bill was filed on the last.

day of

And also all deeds, writings, leases, muniments of title, books of accounts, papers, vouchers and other evidences whatsoever relating or appertaining thereto. To have and to hold the same unto him, the said party of the second part, as such receiver as aforesaid, and to his successors and assigns, subject to the present and future order, direction and control of the said court of chancery. And for the better and more effectually enabling the said party of the second part, his successors and assigns to recover and receive all or any part of the estate, property, book debts, choses in action and effects, hereby conveyed, assigned and transferred, he, the said party of the first part, hath made and appointed, and by these presents doth make and appoint, the said party of the second part his successors and assigns, the attorney and attornies of him, the said party of the first part, in his name to commence, continue, discontinue, and again bring, perfect and carry out actions and suits against any corporated company, firm, persons or person, for or on account of all or any part of the said estate, property, choses in action or effects.

In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written.

Sealed and delivered

in presence of

[If specific property is discovered, it should be specifically described.]

No. 252, Vol. II.-Page 135.

BILL OF FORECLOSURE.

In Chancery.

To the Chancellor of the State of New-York.

A. B., of the city and county of Albany and state of New-York, complainant in this suit, shows to the chancellor, that on or about the twentyseventh day of January, in the year one thousand eight hundred and twentyseven, C. D. of said city, the defendant in this suit, to secure the payment of the sum of $500 00, with interest, did make and execute, under his hand and seal, and deliver unto said complainant, a bond, bearing date on that day in the penal sum of $1000 00, lawful money of the United States, with a condition therein under written, that if said C. D., his heirs, executors, or administrators, should pay, or cause to be paid, unto said fcomplainant, his heirs, executors, administrators or assigns, the sum of $500 00 in one year from the date thereof with lawful interest, then said obligation should be void, otherwise, remain in full force and virtue; as by said bond, ready to be produced as this court shall direct, reference being thereunto had, will appear; and the said C. D., one of the defendants in this suit, to secure the payment of

said sum of money, together with the interest which should accrue thereon, did, on the same day, duly execute under his hand, and seal and deliver unto said complainant a mortgage, bearing date on that day, by which said defendant did grant, bargain, sell, alien, release, convey, and confirm, unto said complainant, his heirs and assigns, for ever, all

together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and also all the estate, right, title, interest, property, possession, elaim and demand whatsoever, as well in law as in equity, of the said defendant of, in, and to the same, and every part and parcel thereof, with the appurtenances: to have and to hold said premises, with the appurtenances, unto said complainant, his heirs and assigns, to his and their own proper use, benefit and behoof for ever; provided always, and said mortgage was therein declared to be upon condition nevertheless, that if said defendant, his heirs, executors or administrators should pay unto said complainant, his heirs, executors, administrators or assigns, the sum of money mentioned in the condition of said bond with the interest thereof, at the time, and in the manner therein specified, according to the true intent and meaning thereof, that then said mortgage, and the estate thereby granted, should cease, determine, and thenceforth be null and void; and said C. D., for himself, his heirs, executors, and administrators, did, in and by said mortgage, covenant and agree to pay unto said complainant, his heirs, executors, administrators or assigns, said sum of money, with the interest thereof, at the time, and in the manner therein before mentioned, according to the condition of said bond; and which mortgage, was duly acknowledged by said defendant and recorded in the office of

of the

of mortgages, page

county of
the

in the year one thousand eight hundred and

in lib.
day of

at

of that day, as by said mortgage, ready to be produced as this court shall direct, or the record thereof will appear. And said complainant further shows, that the sum of $17500, part of the principal sum mentioned in the condition of said bond and mortgage, remains due to him, together with interest thereon, at the rate of seven per cent per annum, from the thirtieth day of November in the year one thousand eight hundred and thirty-four, by reason whereof the estate of said complainant in said mortgaged premises hath become and is absolute in law, subject only to the equity of redemption in this court. And he further shows that said defendant, or those claiming under him, has, from the time of making and executing said mortgage, possessed and enjoyed, and still does possess and enjoy, all and singular the said mortgaged premises, and has at all times received, and still doth receive the rents, issues, and profits thereof. And that no proceedings, at law or otherwise, have been had by him or any other person or persons, for the recovery of said sum of money mentioned in said bond and mortgage, or any part thereof. He therefore solicits the aid of this court, to compel said defendants (upon their corporal oath,) true, full, and perfect answers to make to all and singular the statements and charges above set forth, (an answer under oath from such de

fendants, or either of them, being hereby waived pursuant to the statute,) according to the best of their knowledge, information, and belief, and that the said defendants may be decreed to pay to said complainant, said principal sum of money above mentioned, with the arrears of interest now due, or hereafter to become due and payable thereon, together with the costs and charges in this behalf expended, by a day to be appointed by this court, and in default thereof, that said defendants above named, and all persons claiming, and to claim under them, or either of them, or otherwise, may be foreclosed, of and from all equity of redemption, and claim of, in, and to said mortgaged premises, and every part thereof, with the appurtenances, and may deliver over unto said complainant all deeds, demises, and writings, relating to, or concerning the same; and that all and singular said mortgaged premises, with the appurtenances, may be sold under the decree of this court, and that out of the money arising from the sale thereof, he may be paid the principal sum due on said bond and mortgage, and all interest money due, and to become due thereon, together with all costs and charges, by him in this behalf sustained; or that he may have such other or further relief in the premises as may seem proper, and shall be agreeable to equity and good conscience. May it please the chancellor, to grant the people's writ of subpoena to be issued under the seal of this court, directed to said

therein and thereby commanding

certain penalty, to be and appear before the

on a certain day, and under a chancellor

in this court, then and there to answer this bill of complaint,

and to stand to and abide by such order and decree in the premises as shall seem meet and agreeable to equity and good conscience.

No. 253, Vol. II.—Page 136.

NOTICE, OBJECT OF SUIT AND OF LIS PENDENS MORTGAGE CASE.

To all whom it may concern: Take notice, that a bill has been filed and is now pending in the court of chancery of the state of New-York, wherein the above named A. B. is complainant, and T. M., &c. are defendants, for the purpose of foreclosing a certain mortgage executed by T. M. to the said A. B., dated the and obtaining a sale of the parcels of ground comprised therein, which mortgage is recorded in liber of register of mortgages, in the office of register of the county and which lots of land are described therein as

of New-York, page

follows, to wit. All, &c.

day of

Notice, object of suit.

Please to take notice, that this suit is instituted to foreclose a certain mort

gage, bearing date the

thousand eight hundred and

day of executed by

one

to the complainant to secure the payment of the sum of

which mortgage was duly recorded in the office of

in and for the

of mortgages, page

18

that the complainant make no personal claim against any of the defendants therein, except the said defendant

and that the following is a brief description of the mortgaged premises, to wit:

No. 254, Vol. II.—Page 138.

ORDER OF REFERENCE TO COMPUTE AMOUNT.

(Title.)

At, &c. The bill in this cause having been taken as confessed by all the defendants, (or, the rights of the complainant, as stated in the bill, having been admitted by the answer of all the defendants,) it is, on motion of Mr. J. A., solicitor for the complainant, ordered, that it be referred to S. C., one of the masters of this court, residing in the city of New-York, to compute the amount due to the complainant for principal and interest upon the bond and mortgage mentioned in the bill of complaint, and also to the defendant, J. M., mentioned as a prior incumbrancer in such bill, upon the bond and mortgage held by him.

No. 255, Vol. II.—Page 139.

ORDER OF REFERENCE, INFANT CONCERNED.

(Title.)

At, &c. The bill in this cause having been taken as confessed by all the defendants except the defendant J. D., who is an infant, and has put in a general answer by his guardian, ad litem. Thereupon, on motion of Mr. M., solicitor for the complainant, it is ordered, that it be referred to S. C., one of the masters of this court, to take proof of the material facts and circumstances stated in the bill, and if he shall find the same duly proven, then to compute the amount due to the complainant for principal and interest upon the bond and mortgage mentioned in the bill of complaint, and that he also ascertain and report whether a sale of any part short of the whole premises would be sufficient to

raise the amount due and costs, and if so, to state what part would be most proper to be sold, and to report thereon with all convenient speed.

It appearing from the proceedings in this cause that the bill was filed for the foreclosure or satisfaction of a mortgage, that the whole amount secured, or intended so to be, by said mortgage, is not yet due; and that said bill has been regularly taken as confessed by all of the defendants. On motion of Mr. Ira Harris, solicitor for the complainant, it is ordered, that it be referred to one of the masters of this court, residing in the county of Albany, to compute the amount due to the complainant on the bond and mortgage mentioned in said bill of complaint. And also to ascertain and report the amount secured to be paid by said bond and mortgage, and which remains unpaid, including interest thereon to the date of such report. And also to ascertain and report the situation of the mortgaged premises, and whether, in his opinion, the same can be sold in parcels without injury to the interests of the parties, and if he shall be of opinion that a sale of the whole of said premises, in one parcel, will be most beneficial to the parties, then that he report his reasons for such opinion. JAS. PORTER, Register.

(Copy.)

Present:

No. 256 A. Vol. II.—Page 139.

ORDER, REFERENCE, ABSENT DEFENDANT.

At a Court of Chancery held for the State of New-York, at the city of Albany, on the fourth day of May, one thousand eight hundred and thirty-nine,

JOHN P. CUSHMAN, Vice-Chancellor of the third circuit.

The Second Reformed Protestant Dutch

Church in the city of Albany,

v.

William Gorham, jr., Edwin Thomas,

John Thomas and Matthew M'Nair.

On reading and filing due proof of the publication of an order of this court