with one David P. Marquat, as these plaintiffs are informed and believe, being desirous of purchasing the rights of the coheirs of the said defendant, Elizabeth, to wit, Margaret Ten Broeck, Sarah C. Ten Broeck and Maria Ten Broeck, in the above described lands, entered into a contract in writing for the purchase and sale of the respective rights of the said Margaret, Sarah C. and Maria, and also of the dower right of their mother, Elizabeth Warren, which was to be consummated on the 1st day of May, 1849, by a deed, on the payment to the said grantors of the sum of $1,500 at the same time.

That shortly before the time for the said performance, these plaintiffs, who are the brothers of the said defendant, Peter Marquat, were informed by the said defendants that all the money they could raise by a mortgage on the said premises was the sum of $1,200, and that unless these plaintiffs would assist them to raise the sum of $300, the said purchase, which they considered a very advantageous one, would have to fall through, and that if these plaintiffs would assist them to raise the said sum of $300, they should be secured by a lien on the said farm subsequent to the mortgage for $1,200 abovementioned.

That these plaintiffs thereupon assisted the said defendants to the said sum of $300, and which was paid upon the aforesaid purchase.

That these plaintiffs, relying upon the integrity of the defendants, did not trouble themselves in the examination of the title deeds, but they are informed and believe that on or about the 30th day of April, 1849, the said Margaret Ten Broeck and Sarah C. Ten Broeck and Maria Ten Broeck, of the town of Kingston, together with Elizabeth Warren, widow, by deed bearing date the 7th of April, 1849, in consideration of the sum of $1,500, conveyed to David P. Marquat and to the said defendant, Elizabeth

Marquat, three undivided fourth parts of the lands hereinabove set forth and described.

That, as these plaintiffs are informed and believe, and so charge the truth to be, the said David P. Marquat did not advance or pay any of the said purchase moneys.

That on the said 30th day of April, 1849, as these plaintiffs are informed and believe, the said David P. Marquat and Sarah his wife, and the said defendants, made and executed their mortgage to one Elijah Dubois upon the whole of the said above described lands to secure the payment of the sum of $1,200, by means whereof the balance of the purchase moneys was raised and the aforesaid purchase completed.

That, as the plaintiffs are informed and believe, the said David P. Marquat, and Sarah his wife, on the 15th of January, 1851, sold and conveyed their right, title and interest in and to said lands to the said defendant, Elizabeth Marquat.

That on the said last mentioned day the said defendants executed to the said Elijah Dubois a further mortgage of $150 upon all aforesaid lands.

That the said defendant, Elizabeth, is now the owner in fee of all the aforesaid lands, subject only to the said mortgages to the said Elijah Dubois.

These plaintiffs further say, that the said defendants, although often requested, have refused and still do refuse in any way to secure these plaintiffs for the moneys so advanced by them in the purchase of the said lands.

That the said Peter Marquat has not any property in his own right, and that unless the aforesaid original understanding is carried out these plaintiffs will be remediless in the premises.

These plaintiffs further say, they always have been willing to take a lien upon the aforesaid lands for the

moneys so advanced by them, subject to the aforesaid mortgage of $1,200 to the said Elijah Dubois, and are now ready and willing to take such lien, subject to the said mortgage, and also to the said mortgage of $150, and these plaintiffs say that the whole of the said $300, with the interest thereon, is still due and owing to these plaintiffs from the said defendants.

Wherefore these plaintiffs demand the judgment of this court, that the said defendants execute to these plaintiffs a lien upon the aforesaid lands, by mortgage or otherwise, to secure the said sum of $300, and interest from the 30th day of April, 1849, subject only to the aforesaid mortgages, and for such further or other relief as the court may deem proper in the premises, and that they pay the costs of this

action.

JOHN VAN BUREN,

Plaintiffs' Attorney.

(No. 69.)

To have goods redelivered which have been deposited as security for money lent.

Title of the Cause.

The plaintiff complains against the defendant, and alleges the following facts constituting his cause of action:

That the plaintiff, having occasion for the use of a sum of money for the purposes of his business, made application to the defendant to lend him the same, and thereupon the said defendant, on or about the

day of

advanced and lent to the plaintiff the sum of $

That, in order to secure the repayment thereof, with interest, the plaintiff deposited with the defendant the

following described goods and chattels, [describing them,] of the value of $ and upwards, and at the same time executed and delivered to the defendant a bill of sale of

the same.

That it was not meant and intended, by either of said parties, that the said transaction should amount to an absolute sale of the goods to the defendant, but it was expressly agreed between the plaintiff and defendant that the plaintiff should, nevertheless, be at liberty to redeem the same.

That, being desirous to redeem the said goods, the plaintiff, on the day of, applied to the said defendant and offered to repay him the said sum of $—, with lawful interest thereon, on having the said goods redelivered to him, with which request the said defendant refused to comply, and hitherto has refused to deliver said goods to the plaintiff, and still retains the possession thereof.

Wherefore the plaintiff demands that an account may be taken of what is due to the said defendant, for principal and interest, in respect to the said loan of $ and that upon payment thereof, by the plaintiff, the defendant may be adjudged to deliver over to the plaintiff the said goods so deposited with him; or for such other, &c., [as in No. 1.]

(No. 70.)

For the sale of goods pledged as security, or upon which the plaintiff has a lien, where an accounting is necessary.

Title of the Cause.

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

That, &c., [Stating, in case of a pledge, the debt or account for which the goods are pledged, and their delivery as security, substantially as in the foregoing form; or, in case of a lien, the manner in which the lien was obtained, and the amount thereof, and describing the goods.]

That said goods so pledged to the plaintiff, [or upon which he has acquired a lien as aforesaid,] are still in the possession of said plaintiff, and that the defendant has not paid to the plaintiff the said sum of money so due him, with interest thereon, or any part thereof, but has hitherto refused and still refuses to pay the same.

Wherefore the plaintiff demands that an account may be taken of what is due for principal` and interest from the defendant to him, and that said goods, or so much thereof as may be necessary, be sold at public auction, in like manner as goods are sold under execution at sheriff's sale, or otherwise, as the court shall direct, for the payment and satisfaction of the sum that shall be found due on said accounting, and interest, and that the defendant be foreclosed of all right and equity of redemption in said goods; or for such other, &c., [as in No. 1.]

(No. 71.)

By devisee against executor, to have title deeds delivered up.

Title of the Cause.

The plaintiff complains of the defendant:

That M. R., late of, &c., deceased, being in his lifetime and at the time of his death seized and possessed of the lands and tenements hereinafter described, he, the said M. R., when he was of sound mind and memory, duly made