Legal complaint, Barker v. FitzSimons et al., paragraphs 9–10 (1890)

A typewritten page on lightly aged paper, the body of a legal complaint, beginning at paragraph 9. Several phrases are inserted in ink in a clerical hand; ink also fills in the date and amount blanks.

9th: That said John B. Milliken at the time of his death, was indebted to Plaintiff by two Bonds, one of which conditioned for the payment of Seven Thousand Dollars with interest at the rate of Ten per cent per annum, which had been given by Testator to Henry Gourdin Executor of Mrs. Eleanor McBride, for the purchase money of said Mulberry Plantation and Pineland Tracts and which with the unpaid interest accumulated thereon was purchased by Plaintiff on the seventeenth day of November A.D. 1881, for the sum of Seven Thousand Six Hundred and fifty Six 56/100 — Dollars. The said Bond is secured by a purchase-money Mortgage of said Plantation and Pineland Tracts, which, with the Bond, was assigned to Plaintiff and which Bond and Mortgage still remain in his hands unpaid and unsatisfied. On the Fifteenth day of February A.D., 1883, the said John B. Milliken being further indebted to a large amount in money to Plaintiff, executed to him a Bond in the penal sum of Twenty-six Thousand Dollars conditioned for the payment of the sum of Thirteen Thousand Dollars with interest from date thereof, and further secured by a Mortgage of said Plantation and Tract of land. That by an account stated February 19th, 1883, Plaintiff’s Testator was indebted to Plaintiff in the sum of Twenty-two Thousand and Eighty-nine Dollars, as security for the payment of which sum and of the interest thereon from Feb. 15th, 1883, and for repayment of the yearly advances since said last named date made by Plaintiff to Testator during his lifetime, and for payments made since his death for and on behalf of the Estate, Plaintiff holds above mentioned Bonds and Mortgages.

10th: That the personal property of which said John B. Milliken was possessed at the time of his death was sold at public auction after his death under Order of the Judge of Probate of Berkeley County, and realized a net amount under Six hundred Dollars, a return of which property and report of sales thereof, has been made by Plaintiff to the Judge of Probate of Berkeley County, and said personal