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Dr. John Stites - New Jersey Chancery Court

Pleading - 1799


Chancery Court of New Jersey 

John Stites
v.s
Gozen Ryers 

To his Excellency Richard Howell Esquire Governor Captain General & Commander in Chief in and over the State of New Jersey and territories thereunto belonging Chancellor and Ordinary in the same 

Humbly complaining sheweth unto your Excellency your orator John Stites of Elizabeth Town in the County of Essex and State of New Jersey that your orator being seized of certain premises namely one equal undivided half part of all those several premises and tracts of land hereinafter mentioned and described viz
- one equal undivided moiety of the farm and ferry boats commonly called and known by the name of Cranes or New Point Ferry being in the Borough of Elizabeth Town and containing about ninety acres of land be the same more or less
- also one equal and undivided half share of three pieces of upland and salt meadow which are situated near to the aforesaid premises and the road leading thereto from Elizabeth Town and in part the Old Point Farm and the sound including the point of ferry commonly called and known by the name of De Harts Point of Ferry
- and also one equal and undivided  half part of a lott of land formerly owned by Arnet Shuyler excepting and reserving thereout such parts or proportion as have been heretofore sold (to) Lawrence Dayton & Co and being indebted to Gozen Ryers of Staten Island in the State of New York in the sum of three thousand two hundred and fifty pounds New York currency in order to secure the payment of the monies above mentioned your orator did on the first day of April in the year of our Lord one thousand seven hundred and ninety six give a bond and mortgage on the premises above mentioned to the said Gozen Ryers which said mortgage was duly executed and recorded in the Clerks Office of the County of Essex on the first day of May seventeen hundred and ninety eight in Book E of mortgages folio 18 

And your orator further sheweth unto your Excellency that since the said bond and mortgage became due he has paid upon the same to the said Gozen Ryers and to his order diverse large sums of money and the said Gozen Ryers has also on diverse accounts become indebted to your orator in diverse other large sums of money which debts have not been paid by the said Gozen Ryers nor the payment thereof insisted upon by your orator by reason of your orators being indebted upon the bond and mortgage aforesaid 

And your orator further sheweth that in the course of business he has by fair and lawful assignments of just and bona fide debts due from the said Gozen Ryers to diverse persons and for which full and valuable considerations have been paid became a creditor of the said Gozen Ryers in diverse other large sums of money all which are particularly set forth and stated in a schedule hereunto annexed which your orator refers to and which he prays may be considered as a part of his Bill of Complaint Besides which your orator has become possessed of diverse assignments of valuable considerations of one other bond given by the said Gozen Ryers to Levi Thayer for the payment of one thousand pounds with interest on which said bond an action had been previously commenced in the State of New York Whereupon your orator is ready and offers to give credit for all balances due to the said Gozen Ryers on the account above mentioned. The several bonds papers and securities therein stated being duly executed and ready to be produced to this Honorable Court when and where they shall direct. All which sums when added together and taken into a fair account are sufficient and more than sufficient to pay off and discharge the said bond and mortgage 

And your orator further sheweth unto your Excellency that he has offered repeatedly to go into an account with the said Gozen Ryers of and concerning the said Bond and mortgage, and accounts so as aforesaid set forth and ascertain what balance might still be due to him the said Gozen Ryers if any there should be and to pay of and discharge the same should such balance appear, and which your orator is still ready to do. And your orator well hoped that the said Gozen Ryers would have so done and have paid to your orator any balance which might have been due to your orator or to have received such balance as might have been due to him the said Gozen Ryers as the case might have been either to have delivered up to your orator the said bond and mortgage deed to be cancelled or to have reassigned the same to your orator as in justice and equity he ought to have done 

But now so it is may it please your Excellency that the said Gozen Ryers combining and confederating himself to and with diverse other persons at present unknown to your orator whose names when discovered your orator prays may be inserted in this his Bill of Complaint with apt and proper words to charge them, he the said Gozen Ryers in order to deprive and defeat your orator of the benefit of redeeming the said mortgaged premises sometimes pretends and gives out in speeches, that there is an authority contained in the said mortgage from your orator to sell off the said premises so mortgaged as aforesaid if there should be any default of payment of the monies due on the said bond and mortgage Whereas your orator charges that there is not authority in the said mortgage (by any construction whatever) given by your orator to the said Gozen Ryers to sell and dispose of the said mortgaged premises when the same should have been paid off and discharged or when your orator should have a sufficient set off against the debt secured by the said mortgage 

And your orator further charges that he has fully and absolutely revoked by a deed of revocation executed by him under his hand and seal all the power and authority whatever which was given in and by the said mortgage deed to the said Gozen Ryers And at other times the said Gozen Ryers pretends that he is nothing indebted to your orator upon the bonds mentioned in the account hereunto annexed which have been assigned to your orator and which were executed by Gozen Ryers to Levi Thayer whereas your orator charges that the whole of the money mentioned in the condition of the said bonds us due to your orator from the said Gozen Ryers and that any contrary pretences are founded expressly in fraud and collusion contrived and set on foot by and between the said Levi Thayer and the said Gozen Ryers to swindle and defraud honest men of their property which Levi Thayer your orator charges not to be within the jurisdiction of this Court and is now in some distant parts altogether unknown to your orator so that he could not make him a party to this Bill. Upon which pretenses the said Gozen Ryers refuses to come to any manner of account with your orator or to recovery the said premises to him or to give up the same to him to be cancelled, but has advertised to sell the same premises on Monday the fifteenth day of July instant at the house of Joseph Crane at Elizabeth Town Point under pretence of a special power and authority given to the said Gozen Ryers to make sale of the said mortgaged premises at public vendue and to make a title therefore in case default should happen to be made in payment of all or any part of the money with the interest and with default is in the same advertisement set forth to have happened as by an advertisement for that purpose signed by the said Gozen Ryers now in the hands of your orator and ready to be produced as this Honorable Court shall direct will appear 

To the end therefore that the said Gozen Ryers and his confederates when discovered may upon their respective corporal oath true direct and perfect answer make to all and singular the matter and things aforesaid as fully as if the same were here again repeated and they thereunto particularly interrogated and more especially whether your orator has not offered to come to an account with the said Gozen Ryers and to pay the balance to him if any thing remained due upon the said bond and mortgage after allowing him the just and equitable offset in the said annexed account mentioned or what other offer and when it was made by your orator or his agent to the said Gozen Ryers for taking up and redeeming the said mortgage whether he has not advertised the same premises for sale in the manner before set forth in this Bill and under what pretences and authority the same are so advertised for sale Whether your orator has not fully and absolutely revoked the said authority contained in the said mortgage if any such authority there be 

And that the said Gozen Ryers may be compelled to go into an account in this honorable Court of what may be due upon the said bond and mortgage after allowing to your orator just and equitable offset as this Court may think just and equitable according to the rules of equity and good conscience and that your orator may be at liberty to redeem said mortgaged premises upon such terms as this Court shall impose and that thereupon the said Gozen Ryers may reconvey and reassign to your orator the premises aforesaid and that your orator may have such other and further relief in the said premises as the nature of your oratorís case doth or may require and as to your Excellency shall seem meet 

May it please your Excellency the premises considered to grant unto your orator not only the States most gracious writ of Injunction issuing out of and under the seal of this honorable Court to restrain the said Gozen Ryers his agents or attornies from proceeding to sell the said mortgaged premises under the authority so as aforesaid set up agreeably to the said advertisement until the order of this Court made herein but also the States most gracious writ of subpoena directed to the said Gozen Ryers commanding him at a certain day and under a certain penalty therein to be expressed to be and appear before your Excellency in this Honorable Court then and there to answer the premises and to stand to and abide by such order and decree as to your Excellency shall seem agreeable to Equity and good conscience and your orator shall ever pray
Aaron Ogden of Counsel Ö Compl.
 

John Stites within named being duly sworn deposeth and saith that the material facts set forth in this bill, are true, to the best of his knowledge and belie.
John Stites 

Sworn at Trenton
July 9, 1799
Before me G. Clift? 


Acknowledgments to the New Jersey State Archives :-
Record Group : Chancery Court
Series : Case files, 1743-1824
Accession # : 1975.004
Series # : SCH00001
Guide date : 5/2000 (SC)
Volume : 60 c.f. [148 boxes]
Box 58


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