passed March 9th, 1830, respectfully showeth to this court that the defendant, Barent P. Staats, of the city of Albany, being indebted to the plaintiffs in the sum of, &c., &c. [stating execution of bond and mortgage, description of premises, recording of mortgages, &c., as in No. 55], with the same condition as the said bond, and in case of default in the payment of the said sum of money, or any part thereof, the said plaintiffs were empowered to sell the said mortgaged premises in due form of law, and out of the moneys arising from the sale to pay the said sum of money and interest, with the costs and expenses of the proceedings thereupon, the surplus to be returned to the mortgagor.

And the said plaintiffs further show that by a certain instrument under seal, made between the defendant, The Albany City Bank, and these plaintiffs, bearing date the 19th day of July, 1850, under the seal of The Albany City Bank, after reciting that whereas Barent P. Staats, of the city of Albany, and Caroline L., his wife, executed a certain mortgage to The Albany City Bank, bearing date the 30th day of November, 1842, on certain premises in the city of Albany, which was duly recorded in the office of the clerk of Albany county on the 7th day of December, 1842, in book 51 of mortgages, page 131, and for $15,000, on demand, with interest in the manner specified in the bond of said Staats to said bank, bearing even date with said mortgage; and further reciting that whereas The Albany City Bank held a judgment against the said Barent P. Staats, in the Supreme Court of the State of New-York, docketed in the Albany county clerk's office on the 30th day of August, 1849, for $14,255.55 damages and costs, and after reciting that whereas the said Barent P. Staats and wife had executed a mortgage to The New-York Life Insurance and Trust Company, bearing date the 10th day of July, 1850, to secure the

payment of $7,000, in three years from the date thereof, with interest, according to the condition of the bond of said Staats to said New-York Life Insurance and Trust Company, bearing even date with the last mentioned mortgage upon certain premises in the city of Albany, described as in said mortgage above set forth, and which said premises were subject to the lien of said judgment, and were part and parcel of the premises embraced in the mortgage of said Staats and wife to The Albany City Bank, first abovementioned.

Then, therefore, that agreement witnessed that for and in consideration of one dollar, to The Albany City Bank in hand paid, the said Albany City Bank thereby covenanted and agreed, to and with the said The New-York Life Insurance and Trust Company, its successors and assigns, and to and with the said Barent P. Staats, and Caroline L., his wife, their executors, administrators and assigns, that the said mortgage, executed by the said Barent P. Staats and wife to the said New-York Life Insurance and Trust Company for $7,000, as aforesaid, should constitute and be a prior lien, on the said premises therein described, to that of the mortgage to said bank, abovementioned, and should also be a prior lien, on said premises, to that of said judgment in favor of said bank, abovementioned; the said mortgage to said bank, and the said judgment,, to be and remain thereafter a lien and incumbrance on said premises, subsequent and subject to the lien and incumbrance of the mortgage by the said Barent P. Staats and wife to The New-York Life Insurance and Trust Company, as aforesaid, as by the said instrument, duly executed and acknowledged by the Albany City Bank, or a duly certified copy thereof, now in plaintiff's possession and ready to be produced to this court, or by the record thereof, will appear.

And the said plaintiffs further show, that the said instrument was duly recorded in the office of the clerk of the city and county of Albany on the 3d day of August, 1850.

And the said plaintiffs further show, that the said defendant, Barent P. Staats, has failed to comply with the condition of the said bond and mortgage, by omitting to pay the sum of $7,000 of principal, which became due on the 1st day of July, 1853, and there is now justly due to the plaintiff, upon the said bond and mortgage, the sum of $7,000 of principal, with interest, at the rate of seven per cent. per annum, from the 1st day of December, 1852; and the said plaintiffs further show, that no proceedings have been had, at law or otherwise, for the recovery of the said sum secured by the said bond and mortgage, or any part thereof.

And the said plaintiffs further say, that The Albany City Bank, William White and John Taylor, the commissioners for loaning certain moneys of the United States, of the county of Albany, &c., &c., [stating names of all incumbrancers who are defendants, ] have, or claim to have, some interest in, or lien upon, the said mortgaged premises, or some part thereof, which interest or lien, if any, has accrued subsequently to the lien of the said mortgage.

That the interest, claim or lien of the said William White and John Taylor, commissioners, as aforesaid, if any they have, arises from a certain paper or instrument, purporting to be a mortgate, bearing date the 10th day of November, 1846, executed by the defendant, Barent P. Staats, to the "commissioners for loaning certain moneys of the United States," of the county of Albany, and purporting to be given to secure the sum of $5,000, with interest, as in the said mortgage mentioned, on the premises herein above described, or some part thereof, and which

pretended mortgage, as they have been informed and believe, is in the book of the said commissioners, among the mortgages of the year 1847, and which said pretended mortgage is now held by the said William White and John Taylor, commissioners, as aforesaid, as the successors in office of the commissioners to whom the same was originally given, as aforesaid.

And these plaintiffs further say, that they are informed and believe, that the pretended mortgage was not given by the said Barent P. Staats to secure any sum of money borrowed from the said mortgagees therein mentioned, and that it was not given at the time it bears date, but that it was given at some other time, and to secure some other indebtedness, and was given contrary to the form and effect of the statute in such cases made and provided, but for what indebtedness, and at what time, and under what circumstances, these complainants are unable to state, and they aver that they had no notice of the said mortgage, and charge that the same is fraudulent and void, and of no effect against the plaintiffs.

The plaintiffs, therefore, demand that the mortgage and judgment of the defendant, The Albany City Bank, hereinbefore mentioned, be declared a subsequent lien to the mortgage of the plaintiff, and that the said mortgage hereinbefore mentioned, executed by the defendant, Staats, to the commissioners for loaning certain moneys of the United States, be adjudged fraudulent and void, and be canceled of record.

That the defendants, and all persons claiming under them, or any of them, subsequent to the commencement of this suit, may be barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged premises.

That the said premises may be decreed to be sold according to law, and that out of the proceeds thereof they, the

plaintiffs, may be paid the amount due on the said bond and mortgage, with interest to the time of such payment, and the costs and expenses of this suit, so far as the amount of such moneys properly applicable thereto will pay the same; and that the said defendant, Barent P. Staats, may be adjudged to pay any deficiency which may remain, after applying all of said moneys so applicable thereto, and that they, the said plaintiffs, may have such other or further relief, or both, in the premises as shall be just and equitable.

B. ROBINSON, JR.,

Plaintiffs' Attorney.