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giving notice of his intention, apply to the court for ! leave to pay off the charge, and to pay the residue of the purchase money into the bank.(s)
Filing the mortgage.
The seventy-second rule of court directs, that when- s. Morto. ever a master in chancery shall sell mortgaged premises: .." in pursuance of a decree of this court, by virtue of a mortgage, it shall be the duty of the complainant, or of such master, before he executes a deed to the purchaser, to file such mortgage in the office of the register or assistant register of this court, unless the mortgagee or holder of such mortgage shall prefer to have it recorded at length, in the county or counties where the land so sold shall be situated, in which case it shall be the duty of the mortgagee or holder of such mortgage, to cause the same to be so recorded, before the master selling the mortgaged premises shall give a deed to the purchaser of such mortgaged premises, the expense of which filing or recording, and entry thereof, shall be allowed in the taxation of costs, and the register or assistant register, shall make an entry in the minutes of the filing of every such mortgage, and the time thereof; this order, however, not to extend to proceedings on a mortgage appearing, by the pleadings or proofs in the suit thereon commenced, to have been lost or destroyed.(t)
Master's deed for mortgaged premises.
This indenture, made the day of in ...” the year of our Lord one thousand eight hundred and
eighteen, between I. H. Esq. one of the masters in Chancery for the state of New-York, of the first part, and T. L. Esq. of the second part, whereas, at a court of Chancery, held for the state of New-York, at the City-Hall of the city of New-York, on the day of in the year of our Lord one thousand eight hundred and eighteen, it was among other things ordered, adjudged and decreed, by the said court, in a certain cause then depending in the said court, between A. B. complainant, and C. D. E. F. and G. H. defendants, that the whole of the mortgaged premises, mentioned and set forth in the pleadings in this cause, be sold by one of the masters of this court at public auction, at the Tontine Coffee-House in the city of New-York, the said master first giving weeks notice of the time and place of such sale, with a brief description of the mortgaged premises, in of the public newspapers printed in and whereas, the said I. H. Esq. master in Chancery, and party of the first part to these presents, in pursuance of the order and decree of the said court of Chancery, did, on the day of the date of these presents, sell at public auction, at the Tontine Coffee-House, in the city of New-York, the said mortgaged premises herein after particularly described, having first given weeks previous notice of the time and place of such sale, with a brief description of the said mortgaged premises, agreeable to the order aforesaid ; at which sale, the said premises were struck off to the said party
of the second part to these presents, for the sum of
dollars, it being the highest sum bidden for the same. Now, therefore, this present indenture witnesseth, that the said I. H. Esq. master in Chancery as aforesaid, and party of the first part to these presents, in order to carry into effect the said sale, so made as aforesaid, in pursuance of the decree of the said court of Chancery ; and also by virtue of the act of the Legislature of the state of New-York, in such case made and provided, and in consideration of the premises, and of the said sum of dollars, paid by the said party of the second part to these presents to the said I. H. Esq. master in Chancery as aforesaid, the receipt whereof he doth hereby confess, hath granted, bargained and sold, aliened, released, conveyed and confirmed, and by these presents doth grant, bargain and sell, alien, release, convey and confirm unto the said party of the second part, and to his heirs and assigns, all, &c. (take in the boundaries,) together with all and singular the rights, members, privileges, hereditaments and appurtenances to the same belonging or in any wise appertaining. To have and to hold the said premises above described, and hereby intended to be conveyed, unto the said party of the second part, his heirs and assigns, to his and their only proper use, benefit and behoof for ever. In witness whereof, I have hereunto set my hand and seal the day and year first above written. I. H. Master in Chancery.
Sealed and delivered in the presence of
Certificate. State of Nen-York, ss, On this day of 1818, before me, per
sonally appeared, I, H. Esq. master in Chancery, known to me to be the same person described in, and who executed this indenture, and he duly acknowledged that
report of sale.
he had executed the same. There being no altera-
Report of sale of mortgaged premises.
After the master has executed a deed to the purchaser, and concluded the sales as directed by the order, he will file his report thereof with the register or assistant register, which closes the proceedings on the subject of sales before a master. * * * -
A copy of the report is as follows:
To the Honorable James Kent, Chancellor of the State of New-York.
In pursuance of a decretal order of the court of Chancery made in the above cause, bearing date the day of by which, among other things, it was adjudged, directed, ordered and decreed, that all and singular the several and respective mortgaged premises mentioned and described in the complainant's bill of complaint in this cause, should be sold at public auction, to the highest bidder, by and under the direction of one of the masters of this court, the said master giving six weeks previous notice of the time and place of the sale thereof, in two of the public newspapers printed in the city of New-York, which said mortgaged premises are described in the said order as follows, to wit: (here take in the premises.) And it was further ordered and decreed, that the said master should execute a deed of the same to the purchaser or purchasers thereof—that he should bring the moneys arising from such sale thereof into this court, and deposit the same with the assistant register thereof; and further, that the said master should make report of his proceedings therein 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 all and singular the mortgaged premises herein above particularly mentioned and described, were on the day of 1818, by me duly advertised and noticed for sale at public auction, at the Tontine Coffee-House, in the city of New-York, for the day of at twelve o’clock at noon of that day; that the said notice contained a description of the said mortgaged premises, and was published in two of the public newspapers daily printed and published in the city of New-York, to wit—in the newspaper entitled the Mercantile Advertiser, and in the newspaper entitled the Columbian, for weeks, once in each week, previous to the sale of the said mortgaged premises. And I do further report, that on the day of the day on which the said premises were so advertised to be sold as aforesaid, I attended at the place of sale, and that the said mortgaged premises were duly sold under my direction, by one of the auctioneers for the city and county of NewYork, and were fairly struck off to the following persons, for the following sums, to wit—