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.3 Master's To the Honorable James Kent, Chancellor of the

report of

amount due.

State of New-York.

In pursuance of an order of this honorable court, made in the above cause, bearing date the

day

1818, by which it was referred to one of the masters of this honorable court, to compute and ascertain the amount due to the complainant in the above cause, for principal and interest on the several bonds and mortgages mentioned and set forth in the said complainant's bill of complaint, and that he make report thereon with all convenient speed; I, the subscriber, one of the masters of this honorable court, by virtue of, and pursuant to the said order, do hereby report-that the solicitor for the complainant in the above cause, has appeared before me on the matters in reference therein mentioned, and I do further certify and report, that I have computed and ascertained the amount due to the above complainant for principal and interest, on the several bonds and mortgages mentioned and set forth in the complainant's bill of complaint, to be the sum of $2,510 47. and I do further certify and report, that the schedule hereunto annexed marked A. and making part of this my report, contains a statement and account of the principal and interest moneys due to the above complainant on the said bonds and mortgages, and to which for greater

certainty I refer. mitted.

All which is respectfully sub

Dated, New-York, May 1, 1818.

I. H. Master in Chancery.

Schedule marked A. referred to in the preceding report. One bond, bearing date the 18th June, 1811,

made in the penal sum of $3,000, conditioned for the payment of the sum of$1,500, with interest, on the 18th of June, thereafter. The interest on which is paid up to the 3d day of January, 1817, which bond is secured by a mortgage bearing even date with the said bond.

Principal $1500 0

Interest due thereon from the 3d day of
January, 1817, to the 1st of May, 1818,
is 1 year, 3 months, and 28 days, at 7 per
cent. is,
One other bond, bearing date the 9th of July,
1811, made in the penal sum of $1,600,con-
ditioned for the payment of $800, with in-
terest, on the 9th of July, thereafter. The
interest on which is paid up to the 9th of
July, 1815, which bond is secured by a
mortgage bearing even date with the said
bond.

Principal

Interest due thereon from the 24th day of January, 1817, to the 1st of May, 1818, is 1 year, 3 months, and 7 days, at 7 per cent. is,

Amount due compl't 1st of May, 1818.
Dated, New-York, May 1, 1818.

139 42

800 0

71 5

$2510 47

I. H. Master in Chancery.

4. Affidavit of regularity of

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City and County of New-York, ss.

E. F. of the city of New-York, solicitor for the proceedings. above named complainant, being duly sworn, saith, that the bill in this cause was filed for the purpose of foreclosing two certain mortgages, executed by the defendant C. D. That all the other defendants are made parties to this suit, as judgment creditors of the said C. D. having recovered sundry judgments against him, all being subsequent to the execution of the said two mortgages. That, as appears to deponent, from his register, which he believes to be correct, the said bill was filed, and the subpoenas therein issued, on the thirteenth day of October, 1817, tested on the said thirteenth of October, and returnable on the twentieth of the same month; that the said subpœnas were served upon the several defendants in the manner and at the several times herein after mentioned, that is to say, on the fourteenth day of October aforesaid, upon C. D. and E. F. by delivering a copy of the original subpoena for each of the said defendants respectively, to the above named C. D. and E. F. personally; and on the fifteenth day of October aforesaid, upon the said G. H. by delivering a copy thereof to him personally; that each of the copies above mentioned respectively was inscribed Copy," and subscribed with the name of the deponent as the solicitor of the complainant, and that in

each case respectively, the service was made by delivering a copy of the said subpoena, and showing the original at the same time.

That no notice of appearance, by or on behalf of any of the defendants having been received by deponent on the twenty-second day of November, 1817, he, the deponent, caused an order to be entered on that day with the assistant register of this court, grounded on an affidavit of the due service of the subpoenas in this cause, and of no appearance having been entered, requiring the defendants to appear and answer the bill filed in this cause within six weeks thereafter, or that the same would be taken pro confesso against them.

That on the sixteenth day of January, 1818, no appearance having been entered, nor answer filed on behalf of any of the said defendants, although more than six weeks had elapsed from the time of entering the said order, requiring the said defendants to appear and answer; the deponent filed an affidavit of such default, together with a certificate of Edmund Elmendorf, one of the clerks of this court, that no appearance nor answer had been filed with him by any of the said defendants, and thereupon an order was entered on the said sixteenth day of January, that the said bill be taken pro confesso against all the said defendants, to the end, that such further order may be made in the premises, as to this court may seem meet.

And deponent further saith, that all the proceedings in this cause have been regular, to the best of deponent's knowledge and belief.

E. F.

Sworn this 16th day of January, 1818, before me,
I. H. Master in Chancery.

309

Order of sale of premises.

At a Court of Chancery, held for the State of NewYork, at the City-Hall, of the City of New-York, on in the year of our Lord one thousand eight hundred and eighteen.

the

Present,

day of

The Honorable James Kent, Chancellor.

In Chancery.

A. B. Complainant,

Between

and

sale of premises.

C. D. E. F. G. H. Defendant.

5. Order of Upon reading and filing the report made in this cause, by I. H. one of the masters of this court, bearing date on the first day of May, 1818, to whom it was referred to ascertain and compute the amount due to the complainant, upon and by virtue of the several bonds and indentures of mortgages, mentioned and set forth in the complainant's bill of complaint, by which said report it appears, that there is due to the complainant, by virtue of the said several bonds and indentures of mortgages, the sum of two thousand five hundred and ten dollars and forty-seven cents; and on reading and filing an affidavit of E. F. the complainant's solicitor, of the regularity of the proceedings to take the bill pro confesso in this cause, thereupon, and on motion of Mr. counsel for the complain

ant, his honor the Chancellor, doth this day order, adjudge and decree, that the said report, and all the matters and things therein contained, do stand ratified and confirmed; and it is further ordered, adjudged and decreed, that all and singular the several and res

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