Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1896-02-20
CHANOERY COURT.
An Interesting Session Held on Tuesday
Before Vice Chancellor Reed.

| Vice Chancellor Reed was in the Court
room on Tuesday to hear an important
case involving. several thousand dollars,
in which Phebe Milford was complain
ant, and Walter II. Bacon was defend
ant. ]. Boyd Nixon represented the
complainant, and Judge Pancoast, of
Camden, the defendant.
| j. Boyd Nixon first called attention to
a recent sale made of the estate of Walter
f. Ayars, under authority of Master.
The property was valuable and only
brought sl9l0. AT the day of the sale it
was understood among the bidders that
there was mortgage of $4,000 against lot
No. (which brought $3.50. The lot had
been at one time sold for $1,000. Mr..
Nixon produced large number of affi-
davits from witnesses showing this state
of facts, and he was anxious that the sale
should be set aside and resale made
| Prosecutor Acton, of Salem, was pres
ent to represent the buyers of the prop
erty. He said that the sale was made by
Judge Hoagland as Special Master. The
sale was made with fair understanding
and Mr.. Acton thought that he could
show state of facts if the Court would
hear witnesses. The Court thought he
would turn the case into rule to show
cause and hear the matter at Camden at
some day in April to be fixed.
| The case that the Vice Chancellor had
come to hear was then brought to the at
tention of the Court. 1t was the case of
Francis Seeley and Phebe Mulford
against Walter H. Bacon and Smith Tom
lin. Plainly put, it was case to have re-
stored mortgage upon certain property
OF Smith Tomlin, which had been cam
celled and allowed second mortgage,
held by Walter III. Bacon, to slip in ahead
OF new mortgage that was given to take
the place of the one that had been can
celled.
David p. Mulford was called first as
witness. He said he was a son of Phebe
Milford who was II years old, and did
not transact any business; he and his
brother Charles investing her money.
Mr.. Mulford then went into particulars
and told how loan of $500 was made
upon the Tomlin property. The loan was
made by Robert Dubois, and the witness
had been particular in having the money
invested upon best security and first
mortgage. This was guaranteed by Mr..
Dubois, and the loan was finally made,
and mortgage was taken upon the prop
erty. Later it was learned that Mr..
Bacon had a blanket mortgage upon the
property. and the suit was brought.
Francis Seeley said four years ago he
sold the North Laurel street property to
Mr.. Tomlin for $500. There was $1,000
1ncumberance against the place. Tom
lin gave mortgage to Seeley for $1,000.
Mr.. Seeley said he wanted money, and
made inquiries to get the $4,000. Mr.. Du-
Bols was employed as an agent and he
obtained $500 from Phebe milford. The
first $1,000 was paid off from this money,
and Mr.. Seeley took the $500 for his en-
cumberance against the property, and
took what he supposed was second
mortgage against the property for $500.
| When the transaction was made Seeley
went toTomlin, and told him he could get
the money and wanted to change the
mortgages. Mr.. Tomlin said all right,
and the mortgages were executed.
| Robert Dubois gave testimony corrob-
Grating the first witness. When the loan
was made Mr.. Dubois suggested that
Mrs. Mulford take an assignment of the
two mortgages, but Mr.. Milford con-
cluded that he would rather have a clean
mortgage. The Clerks office was visited
and Ed. Laning, the search clerk, after
examining the records, said that the
property had no other encumberances,
and certified search was not deemed
necessary.
Robert S. Schiller testified that he was
present at sale of Smith Tomlin's prop
erty aud heard Mr.. Bacon say that the
property in question would be sold sub
| Ject to $4lO5.67. Mr.. Schiller was alone
cross-examined and he said that at SUBJ
| sequent sale Mr. Bacon claimed prior
mortgage upon this property.
J. Boyd Nixon was sworn and gave a
detailed conversation he had with Mr..
Bacon, and the complainants case was
rested.
The defendant called, as first witness,
Edwin Laning, of the Clerks Office. He
denied that Mr.. Dubois or Mr. Seeley ask
ed for mortgage search, at the time of
their first visit. They simply inquired for
| JoNShiOiit anu OuSdStu uIIl 10 draw
papers concerning the matter.
| No money was rendered or charged for
any alleged search. What information
was given by Mr.. Laning was entirely
voluntary. After the mortgage had been
| left to be recorded, d. p. Mulford came
in and asked for a search, and it was
made, and Bacon's 5000 mortgage was
discovered.
r. w. Trenchard, an, employee of the
Clerks Office recalled portion of the
conversation between Ed. Laning and
Francis Seeley. Mr.. Seeley said to Lam
ing in substance, "You need not go
further, will see Tomlin, and if he said
il was all right, l am satisfied" Mr..
Trenchard thought that Mr.. Seeley had
come in to have mortgage or two cam
celled.
| Robt. Dubois was recalled aud denied
that he had said to County Clerk Tren-
chard that he did not ask ''Ed'' for a
| search for tpOrtuauo hpt f.,r iuIrp,o,,te