Chancellor, to make and execute the writing, a copy of which is hereto annexed, marked "A," by virtue of which the said Chancellor has taken possession of, and his heirs and representatives still retain possession of, his said farm, mentioned in said contract and referred to above. That the said Chancellor, knowing that the said plaintiff was to be at the village of Durham on the 19th day of April, 1847 (the day of executing said writing), where he would be free from the influence of any portion of his family or friends, desired the said plaintiff to give him a writing, expressing the terms upon which he, said Spencer, should come to reside with him, said plaintiff.

That the said plaintiff informed the said Chancellor that he wished to have the matter delayed, and that he could come to his, plaintiff's, house at some future time, when he, said plaintiff, would give him, said Chancellor, a writing, as he, the said plaintiff, was then so feeble in body and mind that he, said plaintiff, felt unable to make any writing understandingly, and so informed the said Chancellor at the time.

That the said Chancellor thereupon stated to said plaintiff, that he, the said Chancellor, would be liable to censure if he should do it himself at the plaintiff's house, and that he, the said Chancellor, would pay the whole expense, and that, if said plaintiff was dissatisfied with any part of said agreement, he, said Chancellor, would at any time thereafter modify or alter it, as the said plaintiff might wish.

That plaintiff being weak and feeble, as above mentioned, was thereby induced by the said Chancellor to execute the writing above referred to, believing that any alterations would be made, at any time thereafter, upon said plaintiff's request.

That said plaintiff afterwards learned and understood the effect and meaning of the said writing, which was to deprive him of adequate means to support himself and family, and that, for comparatively no consideration, the said farm was leased to the said Chancellor during the life of the said plaintiff, and, after the decease of the said plaintiff, to the said Chancellor and his heirs forever, thus disinheriting said plaintiff's remaining children, being equally needy and having equal claims upon the bounty of the said plaintiff.

That immediately after hearing and fully understanding the effect of the said writing, the plaintiff requested the said Chancellor to change, alter or surrender up the said writing, but the said Chancellor refused to do either, and told the said plaintiff that he should abide by the terms of the writing.

That the said Chancellor, in the spring of 1847, sent his sons Orlando and Jared to cultivate said farm, who have cultivated the same in so unfarmerlike and negligent a manner as to leave the plaintiff very inadequate means of support, and who have also ill treated the said plaintiff, with the said Chancellor's approbation, while residing on the said farm aforesaid.

That the said Chancellor died in June, 1849, leaving the said Elizabeth M. Spencer, his wife, a widow, and the said Orlando, Jared and Wm. M. Spencer his sole surviving children, the last of whom is under the age of twenty-one.

That since the death of the said Chancellor, the said Elizabeth M. and Orlando Spencer and Ira Hubbard have been duly appointed administratrix and administrators of the effects of the said Chancellor, and have entered upon their duties as such administrators, as the plaintiff is informed and believes to be true.

That, as the plaintiff is informed and believes to be true, the said Chancellor died without having made any will or testament. The said plaintiff avers that he never at any time had any intention of giving the said Chancellor, his heirs, or either of them, any greater sum than to his other children, or to divest himself of the control of his said farm aforesaid, and that, at the time of making the said writing, above referred to, he, said plaintiff, was so enfeebled in body and mind that he did not fully comprehend or understand the terms of the same, else he would not have executed said writing. That the same is the act of the said Chancellor, and not of the said plaintiff, it being the effect of an undue influence exercised by said Chancellor on the enfeebled intellect of the said plaintiff.

Therefore, the said plaintiff prays that said writing be adjudged null and void, and that the personal representatives account to said plaintiff for the rents and profits of the said farm, and that the plaintiff recover possession thereof, or for such other order or relief as the said Court may deem proper to grant, with costs of this action. J. MACKEY,

Plaintiff's Attorney.

(No. 29.)

To set aside a fraudulent transfer of personal property, in favor of a judgment creditor, praying an injunction and receiver.1

SUPERIOR COURT-CITY OF NEW-YORK.

Coe S. Buchanan and Chauncey Kilmer

agt.

Arthur Morrell, John O'Hara, John Campbell and Augustine Smith.

Coe S. Buchanan and Chauncey Kilmer, plaintiffs, complain and allege:

First. That on the 2d day of February, 1856, they recovered a judgment, in an action in this Court, against the above named defendant, Arthur Morrell, for $1,654.86, as appears by the judgment roll and proceedings on file in the office of the clerk of this Court; that on the same day the judgment was docketed in the office of the clerk of the city and county of New-York, and an execution thereupon against the property of the judgment debtor was duly issued in due form to the sheriff of said city and county.

Second. That the said sheriff has returned the said execution to the clerk of said Court, wholly unsatisfied, as appears by the said execution and the return of the said sheriff endorsed thereon, now on file in the office of the said clerk; that the said judgment is still wholly unpaid and unsatisfied, and the whole amount thereof, with interest, is due to the plaintiff from the said Morrell.

1 See, post, Nos. 34, 35, complaints in the nature of a creditor's bill, to set aside fraudulent assignment of property, and to reach equitable

assets.

Third. That all the said judgments were recovered upon debts of the said Morrell, contracted previous to the making of the transfer hereinafter mentioned.

Fourth. That the defendant, Morrell, was a manufacturer of blank books and stationery, in the city of NewYork, and kept a store in Park Row, stocked with blank books and stationery, and a factory in said city, with machinery and stock; the value of the said stock in the store being, as the plaintiffs are informed and believe, from $10,000 to $12,000, and of the machinery and stock in the factory being, as the plaintiffs are informed and believe, $14,000 or thereabouts, the said machinery being subject to a chattel mortgage, held by John Campbell & Co., which firm was composed of the said John Campbell and the said Augustine Smith (the said Smith being the active and managing partner of said firm), for $5,500, although the value thereof did not exceed $4,500.

Fifth. That subsequent to the contracting of said debts, and about the month of October, 1852, the said Morrel failed in business, and stopped payment, and in anticipation of the said failure, and shortly previous thereto, he conspired with the defendants, Smith and O'Hara, to dispose of his property, in fraud of his creditors, and to conceal or cover up the same, so that his creditors could not reach it; and, as the plaintiffs are informed and believel in pursuance of this scheme, and with intent to delay and defraud the said creditors, the said Smith and O'Hara mutually arranged and agreed that, after the transfer should be made to O'Hara, as hereinafter mentioned, the mortgage which John Campbell & Co. held upon the

1 The complaint in this case set forth two other judgments, recovered against the defendant, Morrell, by other parties, and assigned by them to the plaintiffs, with the proceedings by execution, &c., upon the same, in all respects similar to the foregoing.