certainty I refer. All which is respectfully sub mitted. Dated, New-York, May 1, 1818. I. H. Master in Chancery. Schedule marked A. referred to in the preceding report. One bond, bearing date the 18th June, 1811, made in the penal sum of $3,000, conditioned for the payment of the sum of$1,500, with interest, on the 18th of June, thereafter. The interest on which is paid up to the 3d day of January, 1817, which bond is secured by a mortgage bearing even date with the said bond. Principal $1500 0 Interest due thereon from the 3d day of Principal Interest due thereon from the 24th day of January, 1817, to the 1st of May, 1818, is 1 year, 3 months, and 7 days, at 7 per cent. is, Amount due compl't 1st of May, 1818. 139 42 800 0 71 5 $2510 47 I. H. Master in Chancery. 4. Affidavit City and County of New-York, ss. of regularity of E. F. of the city of New-York, solicitor for the proceedings. above named complainant, being duly sworn, saith, that the bill in this cause was filed for the purpose of foreclosing two certain mortgages, executed by the defendant C. D. That all the other defendants are made parties to this suit, as judgment creditors of the said C. D. having recovered sundry judgments against him, all being subsequent to the execution of the said two mortgages. That, as appears to deponent, from his register, which he believes to be correct, the said bill was filed, and the subpoenas therein issued, on the thirteenth day of October, 1817, tested on the said thirteenth of October, and returnable on the twentieth of the same month; that the said subpœnas were served upon the several defendants in the manner and at the several times herein after mentioned, that is to say, on the fourteenth day of October aforesaid, upon C. D. and E. F. by delivering a copy of the original subpoena for each of the said defendants respectively, to the above named C. D. and E. F. personally; and on the fifteenth day of October aforesaid, upon the said G. H. by delivering a copy thereof to him personally; that each of the copies above mentioned respectively was inscribed Copy," and subscribed with the name of the deponent as the solicitor of the complainant, and that in each case respectively, the service was made by delivering a copy of the said subpoena, and showing the original at the same time. That no notice of appearance, by or on behalf of any of the defendants having been received by deponent on the twenty-second day of November, 1817, he, the deponent, caused an order to be entered on that day with the assistant register of this court, grounded on an affidavit of the due service of the subpoenas in this cause, and of no appearance having been entered, requiring the defendants to appear and answer the bill filed in this cause within six weeks thereafter, or that the same would be taken pro confesso against them. That on the sixteenth day of January, 1818, no appearance having been entered, nor answer filed on behalf of any of the said defendants, although more than six weeks had elapsed from the time of entering the said order, requiring the said defendants to appear and answer; the deponent filed an affidavit of such default, together with a certificate of Edmund Elmendorf, one of the clerks of this court, that no appearance nor answer had been filed with him by any of the said defendants, and thereupon an order was entered on the said sixteenth day of January, that the said bill be taken pro confesso against all the said defendants, to the end, that such further order may be made in the premises, as to this court may seem meet. And deponent further saith, that all the proceedings in this cause have been regular, to the best of deponent's knowledge and belief. E. F. Sworn this 16th day of January, 1818, before me, Order of sale of premises. At a Court of Chancery, held for the State of NewYork, at the City-Hall, of the City of New-York, on in the year of our Lord the day of 5. Order of Upon reading and filing the report made in this sale of pre mises. cause, by I. H. one of the masters of this court, bear- ant, his honor the Chancellor, doth this day order, ad- pective mortgaged premises, mentioned and described in the complainant's bill of complaint in this cause, with the appurtenances, be sold at public auction to the highest bidder, by and under the direction of one of the masters of this court, the said master giving weeks* previous notice, of the time and place of the sale thereof, in two of the public newspapers printed in the city of New-York, which said mortgaged premises are described as follows, viz. All those four certain lots of ground, &c. (taking in the boundaries.) That the said master execute a deed of the same to the purchaser or purchasers thereof; that he bring the moneys arising from such sale thereof into this court, and deposit the same with the assistant register thereof; and that the said master make report of his proceedings herein with all convenient speed. And it is further ordered, that out of the moneys arising from such sale, the said assistant register pay to the complainant's solicitor his costs to be taxed in this cause, and also the said sum of two thousand five hundred and ten dollars and forty-seven cents, by the master, reported to be due to the complainant, together with the lawful interest thereof, to be computed from the first day of May, 1818, being the day of the date of the said master's report, and that the residue, if any there shall be of the said moneys, be paid to the defendant C. D. or remain in court to abide the future order thereof. * Usually six weeks, but in the eity of New-York sometimes three weeks. |