Talk:Shepherd v. Thompson

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Edition: Shepherd v. Thompson, March 10, 1873, made by the defendant and payable to the plaintiff, the one for $7,000 in two years, and the other for $8,000 in three years, with interest at the yearly rate of 8 per cent The defendant pleaded the statute of limitations The record transmitted to this court showed that the case was tried twice, and that at each trial the plaintiff put in the following evidence: (1) The notes sued on; (2) a deed of trust of the same date, in the usual form of mortgages of real estate in the District of Columbia, and recorded in the land records for the District, lib 712, fol 128, by which the defendant conveyed to the plaintiff certain land described, in trust to secure the payment of these and one other note; (3) a deed dated November 15, 1876, by which the defendant conveyed his property and choses in action, including a claim against the United States, for the use and occupation of the premises No 915 E street north-west, in the city of Washington, to George Taylor and others, in trust to apply for the benefit of his creditors; (4) an instrument signed by the defendant and A C Bradley, assented to in writing by Taylor and his co-trustees, the body of which is as follows: 'In consideration of the indebtedness described in the deed of trust to William Thompson, trustee, executed March 10, 1873, and recorded in liber No 712, fol 128, of the land records of the District of Columbia, the demand and claim of A C Bradley to the use of A R Shepherd and others against the United States for the use and occupation of the premises No 915 E street north-west, and all the proceeds thereof, and the moneys derived therefrom, are hereby pledged and made applicable to the payment of said indebtedness, with interest thereon at the rate of eight per cent per annum until paid; and it is hereby covenanted and agreed that any draft or check issued in payment or part payment of said claim shall be indorsed and delivered to the trustee named in said trust, and the proceeds thereof, less all proper costs and charges, be applied to the payment of said indebtedness, with interest as aforesaid, or to so much thereof as the sum or sums of money so received is or are sufficient to pay Witness our hands this twenty-first day of June, 1877' .
Source: Shepherd v. Thompson from http://bulk.resource.org/courts.gov/c/US/122
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