McCrave Foreclosure, Essex County, New York, 1872

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Following is a transcription of foreclosure (Referee's Report) filed against the McCrave family in 1872. Source: Essex County Clerk, Court Street, Elizabethtown, New York 12932, (518) 873-6301

At a Special term of the Supreme Court for the State of New York held at the Chambers of the Hon A. B. James Justice in the Village of Ogdensburgh on the 15th day of June 1872
Present Hon. A. B. James, Justice

Supreme Court
Daniel Lawson
against
Ann McCrave
Jane McCrave
Catharine McCrave
Mary McCrave
Nancy McCrave
James McCrave
Rosa McCrave
Survivors and heirs at law of John McCrave, Deceased

On filing proof of the Service of the Summons in this action upon ANN MCCRAVE, JANE MCCRAVE, CATHARINE MCCRAVE, MARY MCCRAVE, NANCY MCCRAVE, JAMES MCCRAVE, ROSA MCCRAVE the defendants in this action Who are nonresidents of this State and cannot be found therein, by the publication thereof as required by the Statue and the order of this County, and no answer to the Complaint in this action having been put in by any of the said defendants.

And the period for Said defendants to answer having expired, an filing proof of such Service on motion of R. C. R. CHASE, Counsel for the Plaintiff, ordered, that it be referred to THOMAS D. TRUMBULL, an attorney and Counselor in said Court of the Village of Ausable Forks, as referee, to compute and ascertain the amount due to the Said plaintiff, on the bond and mortgage mentioned in the said Complaint, and to examine the Said plaintiff on oath, as to any payments that may have been made to Said plaintiff or to any person for his use on account of the demand mentioned in Said Complaint, and to report the amount So due, and also Such proof and examinations to this Court with all convenient Speed.

A. B. James
Order Appointing Referee to Compute & C
Filed July 10, 1972


Supreme Court, Essex County
David Lawson
against
Ann McCrave, Jane McCrave, Catharine McCrave, Mary McCrave, Nancy McCrave, James McRave,[sic] Rosa McRave [sic] survivors and heirs at Law of John McCrave. Deceased

To The Supreme Court of the State of New York

In pursuance & by virtue of an order of this Court made in the above entitled action & bearing date on the 25th day of June in the year of our Lord One thousand Eight hundred and Seventy-two, by which it was referred to the undersigned referee to compute and ascertain the amount due to the said plaintiff On the bond and mortgage mentioned in the Complaint in this action and to examine the said plaintiff on oath as to any payments that may have been made to the plaintiff or to any person for his use, on account of the demand mentioned in said Complaint and to report the amount so due and also such proofs & examinations to this Court & c with all convenient speed, I the subscriber referee in said order named do respectfully report that I have computed & ascertained the amount due to the said Plaintiff in this action on the bond and mortgage mentioned in said Complaint, & that the amount due thereon for Principal & Interest up to and including the date of this report is the sum of one thousand one hundred seventy seven & 24/100

And I do further certify & report that the Schedule hereto annexed marked A, which constitutes a part of this my report contains a statement & account of the Principal & interest moneys due to the plaintiff & the period for which interest has been computed & the rate of interest to which I refer for greater certainty.

And I do also certify & report that I have taken proof of the facts and circumstances set forth in the complaint in this action, and that I have examined the said plaintiff DAVID LAWSON, on oath as to any payments which may have been made to him or to any person for his use on account of the demand mentioned in the Complaint in this action & which ought to be ordered thereon, and such proofs except such as are documentary are annexed to this my report, and I am of Opinion that the facts and circumstances stated in said Complaint are true.

And that I have ascertained the situation of said mortgaged premises and am of the opinion that the same cannot be sold in parcels without injury to the parties for the reason that the mortgaged premises together constitute a farm a division of which into parcels would lessen the value thereof. The buildings, fences & erections having been made for a single farm And I do further report that the Defendants are the only persons who have any interest in the said mortgaged premises. The mortgagor having died soon after the execution of said mortgage, and that the interest of such defendants in and to said mortgaged premises is subject to the lien of said mortgage & that said defendants are not residents of this State.

All which is respectfully submitted
Thomas D. Trumbull, Referee
Dated July 5, 1872

Schedule A referred to in the foregoing Report

Principal Sum $549.97
Interest thereon at 7 percent From January 23, 1852 to the 5th day of July 1872, a period of 20 years, five months & 12 days 787.27
Whole and Principal and interest to date $1337.24
The use of the mortgaged premises by Plaintiff for 8 years at $20 a year I deduct from the amount of Principal & Interest on the Bond and Mortgage 160.00
Leaving due Plaintiff the sum of $1177.24

Dated 5 July 1872
Thomas D. Trumbull, Referee


Supreme Court Essex County
David Lawson
against
Ann McCrave
Jane McCrave,
Catharine McCrave,
Mary McCrave,
Nancy McCrave,
James McCrave,
Rosa McCrave

I hereby certify & report that the following are the proofs & testimony taken by and before me as Referee in this case July 5, 1872
THOMAS D. TRUMBULL, Referee

Plaintiffs Atty. R. C. R. Chase introduced in evidence a mortgage executed by JOHN MCCRAVE and ANN MCRAVE {sic} to MATTHIAS HELLER dated January 23rd, 1852, upon the premises described in the Complaint given to secure the sum of $549.97 according the condition of a bond therein referred to of same date executed by JOHN MCCRAVE to MATTHIAS HELLER which was duly acknowledged & recorded in Essex County Clerk's Office January 31, 1852 as appears by the Clerk's Certificate thereon endorsed.

Plaintiff also introduced an assignment of the said mortgage and the bond accompanying the same executed by MATTHIAS HELLER the mortgagee, dated the 30 day of August 1864 which was acknowledged before M. G. MACOMBER, a Justice of the Peace and duly recorded in Essex County Clerk's Office Sept 22, 1865 as appears by Clerk's Certificate thereon endorsed.

The plaintiff also produced a bond signed by JOHN MCCRAVE & dated January 23, 1852 to MATTHIAS HELLER in the penal sum of One thousand & Ninety nine dollars & ninety four cents. Conditions that same should be void if said JOHN MCCRAVE should pay said Mr. HELLER the sum of $274.99 & interest from date thereof January 1, 1853 and the further sum of $274.98 on 1st day of January 1854 which said bond appears to be witnessed by ASA PRESCOTT, and thereupon GARDNER PAPE was sworn and testified that he resided at Ausable Forks, N.Y. formerly resided at Keeseville, N.Y. & knew ASA PRESCOTT in his lifetime & was acquainted with his Signature and that the signature as subscribing which to the bond shown him was in the genuine handwriting of said ASA PRESCOTT and that said ASA PRESCOTT formerly lived at Keeseville & is now dead.

DAVID LAWSON the plaintiff was sworn and said he was plaintiff in the suit, that he knew JOHN MCCRAVE the mortgagor. He used to live in Chesterfield in Essex Co. N.Y. & left the Country some years ago for California about 20 years ago—he has never returned to my knowledge. I was told he died there, I was told so 6 or 7 years ago by a man who worked with him there, WM. GLENN, & his brother told me so.

There has been no payments made to me on the mortgage and I have no knowledge that any was ever made on the mortgage. The mortgagee is dead, he died 8 years ago about one week after he assigned the mortgage to me. I knew the Defendant ANN MCCRAVE, she was the wife of JOHN MCCRAVE the mortgagor. All the other defts were children of JOHN and ANN MCCRAVE. They all left this state 5 or 6 years after mortgagor went to California. They went to one of Eastern States & have not seen them since & I do not know where they now are. No payments have been made on mortgage by defendants to me or any one else for me. JOHN MCCRAVE's family resided on mortgaged premises until they went to the Eastern States. The premises came into my possession about 8 years ago, were in a poor condition, were a common & not fenced. The use of premises were worth from $15 to $20 a year.

DAVID KERR sworn said he resided in Chesterfield, Essex Co., N.Y. & knew the mortgaged premises, and knew the mortgagor. He went to California 20 or 21 years ago & never returned. I understood he died there several years ago. Knows ANN MCCRAVE, she was the wife of mortgagor. They lived together as man & wife near me. & knew their children all defts except ANN MCCRAVE are children of JOHN & ANN MCRAVE [sic] The youngest was a babe when mortgagor went away & is over 21 years old now. Defendants all went to Massachusetts over 14 or 16 years ago & have not lived in this State since.

R. C. R. CHASE sworn said I am atty for plaintiff. I have cast the interest on the bond & mortgage from their date to this day 20 years five months & 12 days said the interest thereon at 7 percent is $787.27/100 which added to the principal is $1337.24. I have made no deduction for use of mortgaged premises.

The foregoing is all the evidence in this case.

Thomas D. Trumbull, Referee

fee $6

Referee Report


At a Special term of the Supreme Court held for the State of New York at the Chambers of A. B. James, Justice in the Village of Ogdensburgh on the 24th day of July 1872.
Present Hon. A. B. James, Justice

Supreme Court
David Lawson
against
Ann McCrave
Jane McCrave, Catharine McCrave, Mary McCrave, Nancy McCrave, James McCrave, Rosa McCrave, survivors and heirs at law of John McCrave, deceased.

This action having been brought on to be heard this day upon the Complaint filed herein and upon due proof of the Service of the Summons by publication all the defendants being non residents of and absentees from this State and the Summons in this action having been regularly published in two newspapers, once each week for six successive weeks as directed in the order for publication commencing on the 15th day of February 1872 and ending on the 21st day of March 1872 and the defendant having failed to answer or demur to said Complaint and no notice of appearance of any of the defendants having been Served upon the plaintiffs Attorney, and upon the report of THOMAS D. TRUMBULL, Esquire, Referee duly appointed by this Court, which Report bears date the 25th day of June 1872 and was made in pursuance of an order of this Court heretofore made in this action referring it to the said THOMAS D. TRUMBULL to compute the amount due the plaintiff on the bond and mortgage mentioned and set forth in said Complaint and take proof of the facts therein Stated, and examine and report as to any payments which may have been made.

On reading and filing the report of the referee named in the order of reference by which report it appears among other things that Eleven hundred Seventy Seven dollars and twenty four cents was due thereon at the date of said report and on reading and filing the affidavit of R. C. R. Chase the plaintiffs attorney made in pursuance of the Seventy Second rule of this Court and Showing the facts therein required to be shown by affidavit, and on motion of R. C. R. CHASE of Counsel for the plaintiff, it is decided and adjudged , and this Court by virtue of the Authority therein vested doth decide and adjudge that the amount above specified, with costs to be taxed let judgement be entered for foreclosure and Sale containing the following provisions Viz: that all and singular the said mortgaged premises mentioned in the Complaint in this cause and hereinafter described or so much thereof as may be sufficient to raise the amount due to the plaintiff for the principal, interest and costs in this action be sold at public auction by or under the direction of THOMAS D. TRUMBULL Referee duly appointed for that purpose, that the said Sale be made in the County of Essex where the said mortgaged premises are situated, that the said referee give public notice of the time and place of such sale, according to law and the course and practice of this Court, and that the plaintiff or any of the parties in this cause may be come the purchaser that the said referee execute a deed to the purchaser or purchasers of the mortgaged premises on the said sale, and that the said referee out of the proceeds of said sale retain his fees and disbursements on said sale, and pay to the plaintiff or his attorney out of said proceeds of such sale the amount of his costs and disbursements to be taxed and also the amount so due as aforesaid together with legal interest thereon or so much thereof as the purchase money of the mortgaged premises will pay of the land, and that the referee take receipts for the amount so paid and file the same with this report, and that he retain in his hands the Surplus moneys arising from Said Sale if any there be, to abide further order of this Court. And it is further decided and adjudged that the defendant and all persons claiming or to claim from or under them, and all persons having a lien subsequent to such mortgage by judgement or decree upon the land described in said mortgage and his or their heirs and personal representatives and all persons having any liens or claims by or under such subsequent judgement or decree and their heirs and personal representatives and all persons claiming under them be forever barred and foreclosed, of and from all equity of redemption, and claim, of in and to said mortgaged premises and every part and parcel thereof. And it is further decided that the purchaser or purchasers of said mortgaged premises at such sale, be let into possession thereof, and that any of the parties in this cause, who may be in possession of said premises or any part thereof and any person who since the commencement of this suit has come into possession under them or either of them deliver possession thereof to such purchaser or purchasers, on production of the referees deed for such premises, and a certified copy of the order confirming the report of such sale after such order has become absolute.

And it is further decided and adjudged that if the moneys arising from said Sale shall be insufficient to pay the amount so due to the plaintiff with the interest and costs and expenses of Sale as aforesaid, that said referee specify the amount of such deficiency in his report of said Sale. The description and particular boundaries of the property authorized to be Sold under and by virtue of this decision So far as the same can be ascertained from mortgage above referred to or from the Complaint in this cause are as follows by all the following described pieces or parcels of land situate in Chesterfield, Essex County, New York lying in Maul's Patent so called to wit the first of said pieces of land is bounded & described as follows, being part of lot number one hundred thirty-two in said patent and bounded as follows, beginning at a Spruce tree about eight rods west of the house occupied by ELIAS MOSHER in 1845 being the Southwest corner of fifty acres of land sold by BLINN and PARKER to said JOHN MCCRAVE as surveyed by Z. PALMER running east about thirty two rods leading to JOHN BURTS thence as the said road winds and turns about thirty rods south on said road, thence south about sixty rods to a Stake marked 108, 109, 131, 132 thence north on the east line of lot number 131 to the place of beginning containing twenty-nine acres or land more or less, also that other piece of land bounded as follows, beginning at a Maple stake Standing in 1845 about eight rods west of ELIAS MOSHER's house aforesaid thence running south nearly nine rods thence each thirty two rods to the highway therein northeasterly to the place of beginning, containing one acre of land be the same more or less, reserving all mines and minerals also that other piece or parcel of land situate in the town county and state aforesaid and being part of lot number one hundred and thirty two in Maul's Patent and bounded as follows, beginning at GEORGE KEERs South west corner and running south on the division line of lots numbers one hundred thirty one (131) and one hundred thirty two (132) sixty eight rods and one half rod thence east one hundred and twenty four rods to the main road leading from Clintonville to the town of Lewis, thence along the said road north Sixty eight rods and one half rod to the aforesaid GEORGE KEER's South line thence west to the place of beginning containing fifty acres of land reserving or excepting all mines and minerals to the two pieces first above describing the same conveyed by ELIAS MOSHER and CATHERINE MOSHER to said JOHN MCCRAVE by a deed dated April 19, 1845 and the third being the same conveyed to him by MELANCTON W. BLINN and EDWARD PARKER and MARY BLINN, April 14, 1838.

That the said Referee make a report of such sale and file it with the Clerk of the County with all convenient speed.
A. B. James, Justice


At a Special term of the Supreme Court held for the State of New York at the Chambers of Hon. A. B. James, in the Village of Ogdensburgh on the 24th day of July 1872
Present Hon. A. B. James, Justice

David Lawson
against
Ann McCrave, Jane McCrave, Catharine McCrave, Mary McCrave, Nancy McCrave, James McCrave, Rosa McCrave, survivors and heirs at law of John McCrave, deceased

This action having brought to a hearing before THOMAS D. TRUMBULL, Referee, duly appointed by this Court to ascertain and compute the amount due the plaintiff on the Bond and Mortgage mentioned in the Complaint in this action it is ordered that the report of the Said Referee herein be and the same is in all points confirmed.

A. B. James