Fourth. That the said Jane Hunt, after executing and delivering the said bill of sale, or deed of gift, and on or about the 5th day of July, 1844, departed this life, at said Watertown, and the said paintings were soon afterwards removed by the plaintiff to Charleston, in the State of South Carolina, the plaintiff then residing in that place, with his father, the late Col. Benjamin F. Hunt; and the said paintings remained in said Charleston, in the plaintiff's control and possession, in the house of his father, till the plaintiff's removal to New-York, in 1853, when he left them, temporarily, in his father's house, until some time in the month of March, 1854, when this plaintiff had them packed up, and brought to the city of New-York, from Charleston; and on their arrival in New-York, as the plaintiff had not then taken a house, and had no convenient place to store them, he left them in the house of William Mootry, the defendant, for safe keeping, till the plaintiff should find some other place for them.

Fifth. That afterwards, and some time in the month of June, 1854, the plaintiff having moved into his own house, in Sixth-street, in the city of New-York, where he now resides, the said family paintings were sent for, and the said William Mootry was requested not to retain the said paintings, it being the plaintiff's intention to hang them on the walls of his own house, in Sixth-street; but the said Mootry refused to give up the said paintings, and has persisted in such refusal to the present time.

Sixth. That the said William Mootry keeps the said paintings concealed from the plaintiff, and threatens, as the plaintiff is informed and believes, to cut or injure the same, rather than that the plaintiff should have them.

Seventh. That no recovery in damages would be an adequate compensation to the plaintiff for the loss of the said paintings.

Wherefore the plaintiff demands judgment, that the said William Mootry restore the said paintings, hereinbefore referred to, unto the plaintiff, and that a receiver may be appointed by the Court, to take the custody and immediate possession thereof, during the pending of this action; and, that, in the meantime, the said William Mootry be enjoined from disposing of, destroying, cutting, mutilating, injuring, concealing, or removing out of the jurisdiction of this Court, the said paintings, or any of them.

FIELD & SLUYTER,

Plaintiff's Attorneys.

(No. 25.)

Prayer to a complaint, for an injunction, to restrain laying a railroad track in a city; the relief demanded being on behalf of the plaintiff, and all other tax payers and property owners, &c., of the city.1

The plaintiffs, therefore, on their own behalf, and on behalf of all other tax payers, citizens, and inhabitants of said city, and owners of property in said street, called Broadway, pray and demand, that an injunction order may be issued and granted herein, by this Honorable Court, directed to the said defendants [naming them], their, and each of their associates, counselors, attorneys, solicitors and agents, and all persons acting in aid or assistance of them, or either of them, whereby they, and each of them, may be absolutely enjoined and restrained from

From the case of Milhau v. Sharp and others (15 Barb., 193; 17 Barb., 435; 11 How., 102).

entering into, or upon said street, called Broadway, for the purpose of laying or establishing a railroad therein, and from digging up or subverting the soil, or doing any other act in said street tending to incumber the same, or obstruct the free and common use thereof, as the same has been heretofore enjoyed, until the further order or direction of this Court in the premises.

And the plaintiffs further demand and pray, that by the judgment of this Court, such injunction may be made perpetual, and that they may have such other and further relief in the premises as the nature of the case may require, and as may be agreeable to equity and good

conscience.

MCMURRAY & HILTON,

Plaintiffs' Attorneys.

(5.) IN CASES of Fraud.

(No. 26.)

To set aside a judgment for foreclosure of mortgage frauiulently obtained, and for a redemption of the mortgaged premises.

Title of the Cause.

The abovenamed plaintiff, complaining of the abovenamed defendant, alleges the following facts constituting his cause of action:

That A. B., late of, &c., deceased, the plaintiff's late father, on or about the, &c., was seized in his own right, in fee simple, of in and to the following described premises: [Describing them.]

That, by indenture of that date, made between the said A. B. and the defendant, the said A. B., in consideration of the sum of $- -, granted, bargained and sold to the said defendant, his executors, administrators and assigns, the said premises, subject to redemption, on payment of said principal money, and lawful interest, at the time therein mentioned, and long since past, as, by the said indenture, reference being thereto had, will more fully appear.

That, said A. B. departed this life on the, &c., leaving the plaintiff his sole surviving heir at law, then an infant of the age of twelve years.

That, during the plaintiff's minority, and on or about the, &c., the said defendant commenced his action in this Court, against the plaintiff, for a foreclosure of said mortgaged premises, but this plaintiff was not represented in the complaint in said action to be then an infant; and the defendant caused and procured one C. D., since deceased, who acted in the management of the affairs of plaintiff's father, to put in an answer to said complaint, in the name of this plaintiff, and without ever acquainting him, or any of his friends or relatives, therewith.

That, in said answer, a much greater sum was admitted to be due on said mortgage security than was in reality due; and that such proceedings were thereupon further had in said action, that by the collusion and fraud of said C. D. and said defendent, it was represented and shown to the Court that the sum mentioned in said answer was actually due on said mortgage, and a judgment of foreclosure obtained against this plaintiff, as by the record thereof will more fully appear, under which judgment the said premises were sold and purchased by said defendant, who is now in possession thereof.

That on the, &c., the plaintiff attained the age of twentyone years, and shortly afterwards, having discovered that such transactions had taken place during his minority, requested the said defendant to deliver up the possession of said mortgaged premises, on being paid the principal money, and interest, if any actually due on said mortgage, after deducting the rents and profits of said premises actually received, or which might have been received by the defendant, but that the defendant refused so to do, or to enter into any accounting with the plaintiff, of the amount due upon said mortgage, principal and interest, or of the value of the rents and profits of said premises, and insisted upon his right to hold the same under said foreclosure sale.

Wherefore the plaintiff demands the judgment of this Court, that said judgment of foreclosure may be set aside, and declared fraudulent and void, and that an account may be taken of what, if anything, is due to the defendant for principal and interest on said mortgage; and that an account may be taken of the rents and profits of the said mortgaged premises which have or might have been received by the said defendant, or on his behalf; and if the same shall appear to be more than the principal and interest due on said mortgage, then that the defendant may be adjudged to pay the residue thereof to the plaintiff. And that the plaintiff may be at liberty to redeem the said mortgaged premises, on payment of the principal and interest, if any, remaining due on the said mortgage, and that the said defendant may be adjudged, on being paid such principal money and interest, to deliver up to the plaintiff, or as he shall appoint, the possession of said mortgaged premises, free from all incumbrances, and to deliver up all title deeds and writings relative thereto, or for such further, &c., [as in No. 1.]