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State of New York - In Chancery
Andrew Mitchell (crossed out)
Robert Lenox & John Taylor
answer
David Galbreath & Thomas Elmes
Riggs sol'r
Filed 3rd May 1799 T. Smith Clk.
The joint
and several answers of Andrew Mitchell, Robert Lenox, Hay Stevenson and
John Taylor to the bill and complaint of David Galbreath and Thomas
Elmes
The said defendants, saving to themselves, and each of them
all and all manner of advantage of exception, to the errors
uncertainties and the imperfections in the said Bill of Complaint
contained, for answer thereunto or to so much thereof as these
defendants are advised is material for them or either of them to make
answer unto they answer and say
And first the said Andrew
Mitchell for himself answereth and saith, that he doth admit that at the
time in the complainants Bill for that purpose set forth he this
defendant was rightfully and lawfully seised of an estate in fee simple
of in and to the tract or parcel of land and premises in the
complainants said Bill mentioned and described, And being so thereof
seised that he this defendant together with the Margaret the wife of
this defendant, did make and execute the Indenture of Mortgage to the
complainants in manner and form as the complainants in and by their said
Bill have alledged. And this defendant Andrew Mitchell further
separately answering saith that true it is that the whole of the sum of
two thousand and thirty seven dollars together with all the interest
that has accrued thereon remains due and owing to the complainants, And
this defendant Andrew Mitchell for himself further answereth saith, that
he doth admit that he this defendant on the day and time in the
complainants Bill of Complaint for that purpose set forth did convey and
assign the whole of his estate real and personal both in law and equity
in possession, reversion or remainder to the defendants Robert Lenox,
Hay Stevenson and John Taylor in trust for certain purposes in the said
instrument of assignment set forth
And these defendants Robert
Lenox, Hay Stevenson and John Taylor for themselves answer and say, they
do admit to be …… that the defendant Andrew Mitchell and Margaret the
wife of the said Andrew did on or about the day for that purpose by the
complainants in their Bill of Complaint set forth make execute and
deliver to those defendants a grant and assignment of all estate real
and personal of him the said Andrew Mitchell in trust for the creditors
of the said Andrew Mitchell as by the Deed of Trust will appear And
these defendants jointly answer and say that it may be true as is
charged by the complainants in their Bill of Complaint that the
mortgaged premises mentioned in their said Bill of Complaint are a
scanty and insufficient security for the money due from the defendant
Andrew Mitchell to the complainants and for the payment of which the
said Indenture of Mortgage was given to secure
And these
defendants do deny all and all manner of unlawful combination and
confederacy unjustly charged against them in and by the complainants
said Bill of Complaint without that, that any other …….. or thing in the
complainants said Bill of Complaint contained material necessary for
these defendants make answer hereunto, and not herein and hereby well
and sufficiently answer unto confessed or avoided traversed or denied is
true, all which matters and things these defendants are ready to aver,
maintain and prove as this Honorable Court shall award and humbly pray
to be hence dismissed with their measurable costs and charges in this
behalf most wrongly sustained ………
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In Chancery
The separate answer of Andrew Mitchell one of
defendants to the Bill of Complaint exhibited against him and Robert
Lenox and Hay Stevenson and John Taylor
This defendant says that
he admits that he executed to said complainants the mortgage as is in
and by his said Bill set forth and for the purposes therein mentioned
and this defendant further admits that he hath assigned over all his
estate both real and personal as in the said Bill is also set forth and
that the whole of the principal monies with the interest that has
accrued thereon remains due and unpaid but this defendant denies all
unlawful and confederacy charged against him in the said Bill and humbly
prays to be hence dismissed with such decree in the premises as this
honorable Court may think proper to make.
Sworn the 26th April 1799
before Thomas Co….
Francis Lynch, sol'r for def.
Andr'w
Mitchell
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In Chancery - Filed 4th May 1799
David Galbreath & Thomas
Elmes
Vs
Andrew Mitchell, Robert Lenox, Hay Stevenson and John
Taylor
Replication of David Galbreath and Thomas Elmes to the
separate answers of Andrew Mitchell and the joint and several answer of
Robert Lenox, Hay Stevenson and John Taylor
These replicants and
reserving to themselves all and all manner of advantage of exception to
the manifold insufficiencies of the said answers for replication
thereunto say that they will aver and prove their said Bill to certain
and sufficient in the law to be answered unto and that the said answers
of the defendants are uncertain untrue and insufficient to be replied
unto by these replicants without that that any other matter or thing
whatsoever in the said answers contained material or effectual in the
law to be replied unto confessed and ….icted traversed or denied true
All which matters and things these replicants are will be ready to aver
and prove as this Honorable Court shall direct And humbly pray as in and
by their said Bill they have already prayed
Boyd Sol'r
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In Chancery
David Galbreath & Thomas Elmes
Vs
Andrew
Mitchell, Robert Lenox, Hay Stevenson and John Taylor
To the
Honorable Court of Chancery
In pursuance of an order made in this
Court that I should compute the principal and interest monies due to the
complainants on the mortgage admitted by the pleadings therein -
I do
report that the amount thereof to the first day of July next being the
day appointed for the sale of the premises mortgaged is 2221 Dollars
7/100 as appears by the statement underneath which is to be taken as
part of this report - All which is respectfully submitted by
James M.
Hughes
Mast'r in Chanc'y
New York May 10 1799
Principal
of Mortgage bearing Int from 15 April 1798 …… $2037
Int inde to 1st
July 1799 - 1yr 3mo & ½ …………………….$184 7/100
$2221 7/100
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Chancery Court Records - BM 60 G
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