The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-30

y &T4.ts eUPAnAB 0oU1T.
Cbr~dius v 8 Roosevelt ". JosepA B. Varruss Robert
y.,Essme few weeks since We pubshsd the complaint
in this ease and now give the following abstract q the
snswsr 4 the defendant yarnun, Who =. Attorney
Mott and Murray states that he will produce the charters
and l.gsatiye acts and subject the eonstrustoa and
eject thereof the Judgment Of the court He refers 70
the amended charter Of and 70 tne act s1s s ss
creating sinking fund for the redemption Of the city
debt or stock He denies that the resolution Of the Com
the in disregard Of the amended charter Of
1s49 and Of the act Of the OF ISb he denies
that the land referred to IN the SAID rcsoiuton or
part thereof was pledged the redemption Of the city
debt-thst It is true and he denies that the OH
GERS, named in said complaint Commissioners o. the
ution & the common Council At meetings held .. a
legged in the complaint or At any time passed any reso
luton Or did any Ats which were violation ., the or
formation sucent to form belief whether or not there
NO report made in the course Of the proceedings
tho sum which in their Judgment, should BE- paid
for the grant Of the land under water, or whether
not there no apprasement Of the value Of the
Street Commissioner and Commissioners Of the Sinking
Fund preliminary to the SALE He denies that pre-.
yous notice Of the sale was given BY publication al
twenty days before the SALE he denies that resolu
ton to sell the said land property At public auction
ceedngs at meeting held on the 22d day Of December
1852, that such resolution wac negatved, IS Is set
forth in the complaint herein It not true that on the
9th Of December, 1853, the Recorder Chamberlain
presented any written protest to the adoption Of
the resolution then passed, nor that the Chamber
lain gave any dissenting vote upon the passage tnsrsoa
Of the said deed to him, the said Reuben LOveoy trans
feIIed to him all his right title and interest in the
ton passed by the Commissioners of the Sinking Fund;
that this defendant purchased the AID the auds
and premises granted to him Hy the deed mentioned in
said complaint mentioned and paid forty thousand dol
lars in cash. part Of said consideration for said purchase
and gave his bond and mortgage for one hundred and
twenty thousand doarsthe residue Of said purchase
money-in good faith and without any notice, informa
ton suspicion Of any Of the objections mentioned in
the complaint any either of them Of any other
objections TO the said grant, being made to the defendant
and this defendant denies that he acquainted with
each and all Of the facts rscted in the complaint at the
time of the purchase Of said premises by him. This de-
PENDANT has knowledge or information sufficient to
form belief whether or not the said Reuben LOveoy
whether Simeon Draper of the persons actually
influential actually interested therein, in the profits
and advantages to be derived nor whether the
Com ptroer charged with the said property though the
sale had been made 70 him directly And to the alega
tions in the complaint set forth that the said Simeon
Draper paid Of the purchase money Of the said
perry this defendant upon information and belief says
hs;:y shortly After the S Of the
reetng the execution Of the deed Of the promises to
Reuben Leveoy transferred his interest in the pre-.
executed conveying the said premises to the said Draper
Who thsrsupon paid the then Comptreer Of the City Of
New Y:l the Of
the purchase Of the said premises that the said Reuben
Lovsjoy then transferred his right and interest under the
Fund to this defendant . Aforesaid, and the said
Draper executed and delivered to this defendant quit
claim deed Of all his rights and interests in the said
misses by OF the deed aforesaid That this defend
ant at the request Of the Comptroller instead Of paying
the taid the said forty thousand dollars
per cent Of the purchase money Of said pre-
mis- rain md maid m m