New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-15
THE LOFBER FRAUD.

A. 10 o'cck Yesterday the proceedings III lniS case
were resumed before Judge Roosevelt OF the supreme
Court on the motion to open the Judgment pending
granted by the Court.
M. Ra,tour on behalf Of Mr.. Lowber read the fol-
lowing additional afidaVlts'
C1r and Comfy Of Nep. YORK., ss.-Peter Cooper
~ aety being duly sworn doth depose and ,y-Tha he
tau payer Of estate therein that be
qusnied with ihe property bounded .ouhyry BY Sixteenth
and ese1y BY the East River and that il his Judgment and
opinion the same is worth the som S PROVIDED sOoa
snd clear title be given BY Robert oweer 20 the same
Sworn to before me this l4,h day Of Sept 1857.
JAMES P. HYArf, CcOm missioner Of Deeds,
City and County Of Ner-York, ss-Robelt Nj.
Of d s ads asiG ' that o or sSca
the 18th day Of August hst deponent met ,ad hitting at the
tain mortgages which the hrn Of stiman All Company
bad heretofore he and then held against Robert w Lowbe
charge Of mortgages made them by said Lowbe upon
the property between Sixteenth aud Seventeeh streets Ave
nue. the East River either executed delivered by
said firm 10 be held in or thst discharge had been
executed delivered IN eero OF any moItgase OF SAID Low
day Of December 1854, Robert w LowbeI and Ezabsth g.
souhty by Fifteenth street northery by Seventeenth street.
surs tss Of the sum Of advanced BY said firm
70 said Lowber and Ephaet Motif that said mortgage was sub
E said Loxber to said Mott payment of part of
pes.e %Sny S p .n gSs Of secuted aS upt e.
property bounded by Fifteenth and Sixteenth streets Avenue
nu the the Of and interest upon the property
tween sixteenth and Seventeenth streets Avenue and the
he Manhattan Gas Light Company shat portion Of said mort
s Gs .Sd the Es sy m
10 said property from the lien OF their said nogage
upon the payment to them Of the sum OF that at the
into the value OF the remaining property under said mortgage
Avenue River and having satisfied themselves
the last mentioned part OF said mortsaged premises was
p o essSna the mortgage mentonsd accepted
Of d $1,000 and duly shscu,eo and the iesse re-
executed by said firm, delivered TO said Lowber in March
% asi 1ss Ssen pre- s Robert sTRATToN
THos MAcFARLAN, Commissioner of Deeds
City and Comfy Of NC7c- York. Ss.-Daniel ID.
Bsse Of said city being duly doth depo.e and say that
BE- and me ls ad 3 sd Ss psops
bounded by Sixteenth and Seventeenth streets Avenue
ssS tI the well worth hs e.e s
sve Of the bukhead Seventeenth street. which is not in
euded estimate of this depODen that in the Judgment
and opinion Of this deponeDt the cost of such blkhesd
worth HGs to the property rope Six
ssn and Sc @ streets the @ G s1Gys S n
this deponent further that he acquainted with the prop
tr between Sixteenth and Seventeenth streets Avenue
not worth than II as much as the property between SIX
without including in either case the value Of the
thereon. ID; ID. BADuEh'
EDWIN +. COREY Commissioner of Deeds
Ctr and County Of New- York, ss.-Robert W.
of said Sns & Ssin & sHa Was
informed BY Th9ma: Carroll esd that he had tns
sseaeenth streets Avenue the East River, showing
that certain mortgages existed there9n and that certain Judg
M depobep psced in the hands OF said Carroll satsac,ions
. 81 ia property from ali judgments mentioned in said
sn That such satisiaeon aad DISCHARGES were placed a.
soey counsel OF the Mayor, Aldermen and Comnonaty
sthe City of New-York-
That this deponen did request the said Thomas Carroll TO
retain In his hands satisfaction Of the mortgage given BY
asdepoueu EPhset Mott to secure the Of the
purchase money for this property hal been PAID to TINS dep11e
t 10 the M.nhattsn Gas Light Company December 1855
kvecn Fife enth and Sixteenth streets Avenue aud the
Ok entirely filled up that the not now built upon,
Occuped except at one part as co4yard and that since
expense the TO as fall All extent is the property
k.ween sAteenth and Seventeenth streets . .,,.-n
And further that the property sold to the Mayor Aldermen
Gd CommoLay the 10th day OF March last, filed to
The required and then and Used and occupied
Np''i0 'n' 'o' storage VI 'D~' ROBERT W: LowBER,
S"0'n u" 'A' JAMES F. H HYATT Com@s.onef Of Deed.
City and County Of Nee York. ss.-John M. Bar
since his aidsy q the instant action made
be examined his register and memoranda and the pa
the snswer and finds and and that on the
18Th day April 1884, being twenty days after the service
REQUESTED by one Of the clerks or assistants Of the defendants
ney extend the time fo answering the complaint In TINS
time twenty days bat consented TO aud did extend
such time SI al. hye days. upon condition. and WITH as
thereby aud that the defendants attorney should not delay the
That the 18TH Of April the applied for further
extension OF the time to extension Of eight days
9th Of April the defendants attorney asked for further extern
sion OF the te 70 S 1--WE Gays that this dePNnent re-
for answering but said that an promptly put n
be sccepted and that said served upon
this depcuent and accepted By him the 3h Of said
April; - o..,,.. ~, .,...,.,
sn attorney the entry Of the judgment in this action
toned in the said former affidavit OF this dPo9et in writ
Ls and that such notice the 18th day Of june 1857
served by this deponen upon the defendants ator
SsS sonsy No se f Of the .si
tndsus attorney having charge Of the said office, this
the su said .ce wa. SO made the said a,to
Lev Tor tie cendsnts absent from his said Office this
ssS:T,9 . was then informed 0' IN: JOHN NJ BARBOUR
Sworn to, &c. - MI, n
Ted being sworn saith that neither he the defendants have
authorized the sPpaton hieh has been made herein oy
lug CAk OF countenauce sanction nor author
ed any person other than this deponen TO appear therein o
the nds,s and that this dponen has never declined 70 IN
defendants required And this deponcI farther satin tns
Of Daniel T. setles reeTee was selected Py M
fzgg the Controller out Of several names mentioned o TINS
opponent after Mr FGsg objected the of iona
G dspoSs arn II. np had sed And
further ss that the Of ave hundred doss. to
and deponen that the said upon by Con-
s,n IN the action signed deponen clerk aud thu. de-
directed by the Controller TO give such stipulation
% that which Mr. Eyarts wss TO receive as counsel
RICHD BuSTEED
Sworn TO before me this nth of September, 1851
RICHARD b. CONNOLLY, County Clerk
| CITY and County of Nep- York, sS.-Edwin Beaten
OF sd city sns duly doth depo.e and say Tbs. he
resident q said city and has for past
Sssed In building baes sad city that during
The 1883 l and lass this deponen built toT Robert
W lovber The suhe,d. incOsns his property from Fosr
teenh street 70 and around the the ceI.e line OF
Seventeenth street. along said street the west
eide Of Avenue c: that this depOueut Is well acquainted
with the value Of property aud OF property In the vicinity
thereof thai IN the Judgment and opinion Of this dponen tins
property bounded BY sixteenth street
Avs,r r. AZ. Eat IL. -