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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,
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 — 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
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.]
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.]
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 and published his last will and testament, a copy whereof is hereto annexed, and forms part of this complaint; in and by which will he devised to the plaintiff the following therein mentioned and described premises, to wit: [Insert description]
That said will has been duly admitted to probate by the surrogate of Rensselaer county, as a will of both real and personal estate.
That said M. R., therein appointed the defendent his sole executor, as by reference to the same will more fully appear, and that said defendant has been duly qualified to act as such executor.
That said defendant, among other things, took into his custody and possessed himself of all the title deeds, evidences and writings belonging or relating to the same premises so devised to the plaintiff.
That the plaintiff has requested the said defendant to deliver to him or to his order the said deeds, evidences and writings, but the defendant has refused and still refuses so to do.
Wherefore the plaintiff demands judgment, that the defendant may be compelled to deliver up to him, on oath, all deeds, evidences and writings, in his possession or under his control, belonging to or relating to said lands and premises so devised to the plaintiff; or for such other, &c., [as in No. 1.]
By a sheriff, against an auctioneer storing goods and claim
ing a lien thereon, praying a delivery of the goods and an accounting, to ascertain amount of claim, and a receiver and injunction.
SUPERIOR COURT OF THE CITY OF NEW-YORK.
John Orser, sheriff of the city and county
of New York,
agt. James Brown.
John Orser, the plaintiff in this action, complains and alleges :
That he is, and has been since the 1st day of January, A. D. 1853, sheriff of the city and county of New-York.
That, as such sheriff, he has been charged with the service of various executions against the property of judgment debtors, attachments issued under the 4th chapter of title 7, of part 2d, of the Code of Procedure, and also process to obtain the delivery of the possession of personal property, issuing out of this court and out of the Supreme Court and Court of Common Pleas, of the city and county of New-York.
That under the said different kinds of process, and in executing the same, he has, at various times, taken into his possession large amounts of personal property, which he has detained to answer the exigencies of said process, pursuant to law.
That the said defendant has been, during the plaintiff's term of office, an auctioneer, having his store for that purpose at No.
in ' - street in said city, and has usually acted as the auctioneer in making sales of