Page:Federal Reporter, 1st Series, Volume 1.djvu/596

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

588 PEDEBAL KEPOBTEB. �the month of September, 1878, he loaned to the defendant James H. Marley $5,000, with the promise to complainant that the bond and mortgage to be given by Marley as secur- ity for the loan should be made directly to her as part of said settlement; that the bond and mortgage were in fact exe- cuted by Marley and wife to John F. Boylan, who shortly afterwards, in pursuance of an understanding and agreement ■with her husband, signed, sealed and acknowledged an assign- ment of the same to the complainant, whereby the title to the mortgage beeame vested in her; that afterwards, on de- mand, he refused to surrender the papers to her, claiming ownership in himself, by purchase for valuable consideration from Elisha Buckman, which she charges is a mere contriv- ance between the defendant Boylan and her husband to deprive her of the benefit of the gift. �The prayers of the Mil are, (1) that the defendant Elisha Buckman may be decreed to pass over to the complainan<t the bond and mortgage, if the same are in his possession or under his control; (2) that the defendant John P. Boylan may be decreed to deliver up to complainant the bond, mort- gage and assignment thereof, if the same continue in his possesion or under his control; (3) that if the assignment heretofore made by the said Boylan to the complainant bas been destroyed, he may be decreed to execute and surrender to her a second assignment, so as to fully vest the legal title in her; (4) that as between the complainant and defendants Elisha Euckman and John P. Boylan, and every person who has obtained a secret interest in the bond and mortgage, a decree may be made vesting the title, and the debt secured by the same, in the complainant; and (5) that it may be decreed in what sum the said Marley waa indebted to the complainant upon said bond and mortgage, and thac he may be protected by a decree from ail loss in the payaient of the mortgage debt to the complainant. �The answer of Boylan admits the due execution of the bond and mortgage to him by Marley and wife, and states that he had no interest in the transaction at that time, as Euckman furniehed the money for the loan; that he understood, eithei ��� �