Item Number:
0161
Description:
Document
of Declaration of Joshua Forman, Rutherford County, April 3, 1841,
registered by the Court May 9, 1841. In this document Joshua Forman
declares that he acts as the agent for Bronson, Hoyt and others.
This matter concern a law suit against Augustus Sacket for non
payment of the mortgages assigned to Bronson et al as decreed in
their favor by the Court of Equity. According to the document, the
land was conveyed in 1819 and Augustus Sacket gave the Clerk of the
Court three promissory notes for $ 3,847 payable twelve months
later, and that through the inadvertence of the Court Clerk,
Augustus Sacket did not receive the Promissory Notes after paying
the amounts due. Document is signed by Joshua Forman.
Date of Item:
1914-07-18
Category:
Supporting Documents
Location:
Box 3
[Page 1]
Joshua Forman of the county of Rutherford State of North Carolina
being duly sworn, doth declare, that he acted as the agent [or?]
trustee, of
Bronson,
Hoyt
& others in the purchase of certain tracts
of land sold (under a decree of the Equity court for the county of
Rutherford) for the payment of principal and interest due in a mortgage given
by
Augustus Sackett on
land in the State of North Carolina, which mortgage had been duly
assigned to Bronson Hoyt & others; and that on the complaint of said
Bronson Hoyt & others, a decree was obtained from the court of Equity for the
county of Rutherford, for the sale of the .ands covered by the mortgage;
that at such sale to wit in the month of July 1831, this deponent did
bid off three several portions of said land and gave to the clerk &
master Thomas [Deives?] Esqr three several notes or memorandums or
payments for the same, [via?] one note for One thousand ten Dollars, one
note for Two thousand seven Hundred thirty six Dollars, and one for One
Hundred & one Dollars each dated July 1831 payable 12 months after
date. This Deponent further declares, that in the year 1832,
Bronson Hoyt & others, the complainants in the said against Sackett
and for whose benefit the sale was made, and to whom the amount of the
said notes was to be paid ever by the clerk & master, did forward to
this deponent, their several release, duly executed, acknowledging the
receipt of their several proportions of the sum one from this deponent
(being the amount of the three several notes above mentioned) as will
more fully appear by a declaration set forth in the deed given by said
clerk & master to this deponent for the land or purchased by him,
dated 1st Sep 1831, recorded in the Registers office for the county of
Rutherford; This deponent further declares that he has only executed to
the several parties deeds for their Several proportions of land
purchased by him for their benefit, (which are also only recorded) thus
liquidating