|
|
|
|
|
|
|
|
|
|
NEALE v. HAGTHROP. 557
for ever of a part of the premises mentioned in the bill; that 'the
complainants or some of them, long before and since the auction
aforesaid, lived near the premises mentioned in their bill; ' that he
with others applied and had the street paved on which the lot
leased to him fronted; and that at the time he accepted the lease
from the defendant McMechen, as also at the time he applied for
the paving of the street, he had no knowledge that the complai-
nants claimed title to the premises.
The defendants Moore and Hughes also say, that theirs is their
joint and separate answer Ho the bill of complaint of James Neale
and others representatives of Anthony Hook, deceased; ' and that
at a public sale in the month of April, or May, 1818, they severally
purchased leases of the defendant McMechen, of part of the land
mentioned in the bill; that they have ever since paid rent; 'and
defendants swear positively, that they nor either of them had any
knowledge of any claim or claims of the said complainants upon,
in, and unto the said lands at the time of their purchase and lease
aforesaid. '
The defendants Hagthrop and wife, on the11th of December,
1821, put in their joint and separate answer, in which they say,
that on the 8th of May, 1797, Anthony Hook, for a valuable consi-
deration by indenture, conveyed the lot of ground on Alice-Anna
street to John Hook; that the said Anthony Hook being much in-
volved in debt, and advanced in years, and deriving his support
principally from his son John Hook, executed to him the deed of
the 17th of August, 1797, whereby he conveyed to John the pro-
perty therein mentioned, who accordingly paid the debts particu-
larly mentioned therein as these defendants believe and charge;
and that the said John Hook paid the said sums of money set out
in the said assignment, so far as the creditors applied for payment
of the same; that Anthony Hook died intestate some time in June,
1798, and that John Hook obtained letters of administration on his
estate; that John Hook died intestate in September, 1800, leaving
this defendant Barbara his widow, and one child, James Hook;
that this defendant Barbara, obtained letters of administration on
her husband's estate; and in the inventory returned the chattels
real mentioned in the deed of the 17th of August, as a part of the
property of her intestate; that some time after she had made re-
turn in the inventory of the said property, the children and heirs
of Anthony Hook applied to her for their proportion of it, alleging
that it had been conveyed to and held in trust by her intestate, and
|
|
|
|
|
|
|
|
|
|
|
|
|