.MjkwNjQ.MTAyMTQy

From Transcribe Wiki
Revision as of 21:33, 9 September 2020 by Patzee8! (talk | contribs)
Jump to navigation Jump to search

[left side of page] and your Orators call upon said William H Twyman to answer and say by what contract if any said George A Rucker holds said property, and for him further to say if the said George A Rucker has not since the [illegible] did Sale or before paid him some money or other thing, on account of some or all of the debts aforesaid. And if so, say how much and in what. Your Orators charge that the whole or a part of said debts have been paid off to said Twyman, and require an explicit answer from him, on that subject. Your Orators, further shew unto your Honour that the suit instated as aforesaid by ReubThomas and Patrick H. Carpenter in the circuit court of Madison was prosecuted to a Judgment which was obtained at the last court held by your Honour in the county of Madison as will be seen by a copy of said Judgment herewith filed marked C and which is [illegible] for greater certainty to be taken as a part of this bill which said Judgment had to be satisfied by your Orators as the two principals were insolvent as will be seen by the Sherriffs return upon an execution which issued in said judgment for the benefit the same having been assigned to them by Thomas and P. H. Carpenter. The administrators of Aaron Carpenter and Elizabeth Carpenter. Said Execution and return is herewith filed as an exhibit marked F. which is asked to be taken as a part of their bill so that the Judgment aforesaid for the Carpenter debt is for the benefit of your Orators, they having discharged the debt for which they were securities and the same having been assigned to the. and they are advised that the said Representatives of Aaron Carpenter dec'd, after obtaining the Judgment on the said bond aft James Blakney and George A Rucker had a lien on the lands of each and a claim in equity to set aside any conveyance made by either of them deemed fraudulent in law. and your Orators [illegible] & charge that as the securities of the said James Blakney & [rights side of page] George A Rucker having discharged that debt in a court of equity they are to be substituted in the place of the original obligor's and whatever equity or lien the had your Orators now have. They therefore respectfully ask to be substituted in their place. All which actings and doings on the part of the said William H. Twyman George A Rucker and Angus Ruckner are contrary to equity and good conscience and tends to oppress wrong and defraud said Orators. But they are advised that they have no remidy in the court of common law and are wholly without relief but by the aid of a count of equity where matters of this kind are properly triable and relievable. To the end therefore that justice and equity may be done them your Orators ask that the sale or pretended sale made by [blank] as trustee under the aforesaid deed for the benefit of William H. Twyman may be vacated and annulled. and the said deed be set aside as fraudulent and void and that the property mentioned in said deed be decreed to be sold for the benefit of your Orators as fair as the debt aforesaid is concerned they have discharged to Aaron Carpenter & Elizabeth Carpenters representatives and if a sale of the said property cannot be decreed now to be sold for the benefit of your Orators. that the said deed of trust aforesaid and the sale under it be vacated annulled and declared to be void and of no effect and that your Orators have leave to pursue it by execution as other proper process. To which end your Orators ask that the said William H. Twyman and George A. Rucher and Angus Rucker be made dependents to this suit, and that each of them answer the several allegations in this bill contained as if the same were