Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-06-30
WILMINGTON. TUESDAY. JUNE 30, 1863.

considered you had legal right to mortgage
Answer. lwasadvised, and considered had an
equitable right, iuterest, rs stated ia my previous
answer.
No. 10. DO you not now answer that YOU nave
an estate or interest in said Read street property
or in the benefits arising from the sale there
d9
Answer. Not further than stated in may pre-
yious answer.
No. II. What became of the sum or amount,
being the amount mentioned in tho conveyance
to said Williams after the payment of the sum
to him by sale Of tue Maryland property conveyed
to him
Answer. Mr.. Williams got the proceeds Of
sale Of both properties nnd it remains with
him.
No. l2. For whose benefit did that balance
remain in said Williams hands, for you or you
children or wife or whom
Answer. II is more than | can tell. Mr. viii.
liams has the money and he can do what he
pleases with IT, | have no benefit and do not ex-
pect any from ii.
No. ID. What is the amount What value now
remaining in Williams hands?
Answer. do not know the balance. II mny
probably reach 6,00O or 1000 dollars, il may be
| less
No. II. At the time you executed the con-
Veysuoe to said Williams, were you not insol-
vent2
Answer. did not consider myself so at that
time.
No. 10. Did that conveyance Of property to
| said Williams contain any proviso for the benefit
OF all your creditors or partly those named in said
| conveyance
Answer. The conveyance was made to Mr..
Williams as stated in my previous answer for
the purposes therein uamed
No. lG AT the time you executed the mort
| gage TO Samuel Townsend as said Read street
! property were you not inaolyent and was not at
that time the said Townsend your oreditors
Answer. Samuel Townsend claimed to he a
creditor. and | believe / was insovent st that
| time
No. IT, Omitted in transcript.
No. lS Did you not recognize said Town
send as one Of your creditors at that time
Answer. ! did recognize Mr., Townsend as
creditor, he holding a judgment against me and
some other notes.
No. 10. Did you not make affidavit on the
18Th December, A. D. 1862. before Wllinm G.
whitley Esq, Prothonotary of this Court, in
which you state that you were the owner Of the
Read street property and have a right to mort
gage the samel
Answer. The affidavit was drawn up in Balti-
more by Mr.. Townseni's suggestion and brought
TO me while in prison, and to the best of my
knowledge and belief set forth that believed
had an equitable right in the property and moth
ing more. The signing of that affidavit in com
JuhStluu WIN tue tAtCuIUu u tnb mortgage
was done under the promise that l should be
released from prison within two or three days.
No. 20. Is this the affidavit you made be
fore William G. Whiteley Esq. exhibiting the
affidayit.)
Answer. That is my signature and ii is the
affidavit made. (marked A.
No. 2l. ls thnt equitable right in said Read
street property balance, So 600 or Sc 900, re-
naming after said sale then included in list of
all your estnte, dobts credits, rights effects,
Whatsoever annexed to your petition?
Answer. 1t is not included, because did not
think the property having been sold under IL
decree of Court for the benefit of Mr. Williams,
that there was assets in it except as might
be determined by a bill in chancery, in that
event the mortgage of Mr.. Townsend would cover
it.
No. %. Do not the following named persons
hold bonds or single bills, or promissory notes
against you, the said kind and character as those
named, Of Caleb S. Layton, Samuel Townsend,
Pennington, Salisbury, Fisher and others To
wit:
John r McFee, Henry B. Fiddeman, Daniel
Curry Curtis j. Watson, Manlove Carlisle, Dr.
Joseph II. AlcFarren?
Answer. | would state that these gentlemen
having obtained bonds from Mr.. Broadbent
without my knowledge, issued frauduently,
were honorable enough to release them, except
Mr.. Carlisle, whom | don't know, and do not
know that he had one.
No, %. Did you not also as well as Mr.. Broad
bent sign and seal the single bill to John II. Nc
Fee Esq?
Answer l signed and sealed four or five bills
to be used for certain purposes, but whether Mr..
McFee got one or not don't know. Mr.. McFee
has no claim on me whatever.
No. "a. AT the time you signed these four or
five bonds with Mr. Broadbent, was not the name
of'Johu r. McFee mentioned in oae of these
bonds or single bills?
Answer have no recollection of the fact.
No. 20. When dil John r. McFee, ESQ. re-
lease this bond or single bill to you, since the
hling OF your petition in this case, or had he notice
OF intention TO file such petition as his release
after such notice
Answer. The release was given on the lth of
May, A. D. 1868.
No; 20. Did you not pay or agree to pay to
said John r. McFee ESQ. some consideration for
the said release of his said bond or single bill ?
If 30 what consideration did you pay or give him
or promise to pay him
Answer. l neither gave him any promise or
paid or agreed to pay him anything, or have |
spoken word to him on the subject.
No. 27. Has no one for you, or in your name,
paid to, or promised to pay to said John r. Nc
Fee Esq, or to amy one of them, who you have
released, said bonds single bills for any
valuable consideration for the said release of said
bond?
Answer. No one TO my knowledge has made
any propse whatever, nor have directly or in
directly, by myself or through others, made any
such promise.
No. 2S- What property was conveyed to 4. |
NJ. Lanahan by you, mentioned in Schedule A,
attached to your petition Specify the particular
messuage9 or tracts and where situated.
Answer. believe there was no conveyance
made to Mr.. Lanahan by any body. Mr. Lana
han held judgments against me to large amount,
and the property was sold by Mr.. Laaahan us
trustee unier direction of the Court. The
property was sold for less than half of itH
value.
No. 30. Why did you state in Schedule A
that you have executed deed TO LanahanY
Answer. My memory being refreshed, state,
upon examination of copy record from Galti-
more, that | conveyed two houses to Thomas NJ
Lanahan ,situaIed on Charles street, in the city
OF Baltimore; Tor $300O0.00.
No. 80. What consideration actually passed
from Lanahan for the property conveyed?
Answer Thomas NJ Lanahan held judgments
against Inc TO the amount of 20 thousand dollars
and 80 thousand dollars was credited GU these
judgments.
No. 81 What was tho real consideration of
these Judgments
Answer The consideration of these judgments
was money loaned, and notes he held OF France,
Broadbent & Co., endorsed by me.
No. 32. We're such considerations in good filth
aud do you acknowledge the Indebtedness as
subsistingY
Answer 1t was in good faith as far as was
concerned, but believe the notes were made up
by false balances in the books kept by Mr. Broad
bent, the judgments were obtained from me upon
a representation Of Mr.. Broadbent for the pdr-
nf RAISING IN nm tha 81