Abercrombie v. Baldwin

The said half acre Lot, they had heard some [illegible] in regard to Crawfords claim, but were also informed that he had no claim upon the same, that he had conveyed to Haden in 1835, and from the fact of his silence from that time to the time of his purchase, he was satisfied that said Crawford had no claims of title thereto. Respondent saith that a short time before the filing of this bill complainant proposed to take two thousand Dollars for his claim - said he did not purchase for speculation, but to indemnify himself for money paid by him for Robert G Haden seenr who was his father in Law, and the vendor of Respondent Benjamin Bauldwin, that Respondent is advised that Complainant is not a bonafide holder of any titled to said Lands. That Respondent also believes, and therefore answers, that the purchase by Respondent and said Bauldwin, was of one who had no notice of any claim of Crawford, and insists that Respondent is a purchaser without notice

Sworn To before me 17th day of May 1845 } W H Waugh Willis B Nall J P Respondent Cicero Broom severally answering saith that about the 1st of March A D 1842, went into the possession of about four acres of said half section situated on the South west quarter of the same by purchase of Respondent Joseph W Bauldwin from whom he received title with covenants of warranty but that said vendor has since become insolvent That he has made full payment for the same that at the time of his said purchase, the same was

unimproved except as to a store house of a very indifferent character; that he has since erected on said four acres a large framed dwelling and other valuable improvements at an expense of about fifteen hundred dollars. That at the time of his said purchase payment and improvements, he had not so much as heard any intimation of any claim in favor of said Crawford, said Lands & improvements would not now sell for more than five hundred Dollars more than the sum expended in improvements by him, that the rent of said place the first year after his said purchase, was worth about fifty Dollars, the second year about seventy five Dollars, and now about the sum last named, Respondent says that he is purchaser with out notice and for a valuable consideration. Respondent said that in addition to the foregoing he owns jointly with Respondent Jones, about nineteen acres which they purchased about the first of the year 1843, at the price of three hundred and fifty Dollars, which sum they paid; which purchase was made of one Thomas Fair, and William MCrary, for which Respondent and said Jones have Sheriffs deed - said Land being sold as the property of J W Bauldwin by the Sheriff at publick out cry at Tuskegee, That said Fair & McCrary are both insolvent - the improvements upon these mentioned acres is situated upon the South East quarter of said half section and worth about the sum of two hundred Dollars, and the rent per anum about forty Dollars, that he paid individually for the purchase made by him as first herein named the sum of four hundred

23 and seventy five Dollars, That each of said purchases made by him were made in good faith, and without any notice of any claim by said Crawford, that Jones & Broom also purchased without notice. Respondent says that if said Crawford had given notice of his claim he would not have made said purchase, and that notice had been given soon after his said purchase, he might have saved himself upon the warranty of title. Sworn to before me 17th day of May 1845} Cicero Broom Willis B Nall JP} Respondent John Dillehay severally answering saith that in 1842 he went into the possession of about Twenty acres of said section situated on the by purchase of Respondent Joseph W Bauldwin, for which he paid the sum of two hundred Dollars, and received of said Bauldwin title with Covenants of Warranty General, That since said purchase he has made valuable improvements thereon, at an Expense of about the sum of [blank space] Dollars. That at the time of said purchase and improvements, he had no notice of any claim in favor of said Crawford or Complainant, and before said purchase he had been informed and believes the information true that paid Lands had been sold by the Marshall of the District Court of the United States for the Southern District at Mobile, as the property of Benjamin Bauldwin under regular and valid process That said Joseph W Bauldwin had become

10 the owner thereof, and that the same has been subsequently sold at sheriffs sale as the property of said Joseph W Baldwin, at which Respondent again became the purchaser. That his place was worth rent in 1842 the sum of blank Dollars, in 1843 the sum of [blank] Dollars, in 1844 the sum of [blank] Dollars Respondent says he is a bonafide purchaser for a valuable consideration, and never until about the time of the Exhibition of said bill had any intimation whatever that there was any defect in the title. That Complainant made no offers of compromise or of partition as charged.

Respondent Thomas Dillehay severally answering saith, that in the year 1843. Respondent purchase about two and a half acres of said section, situated upon the south half of the said 1/2 section thereof of one Perkins Cook which he has paid for. That while the same was still in the possession of said Cook the same was levied on by Execution at Law from a Court of Record and exposed to sale as the property of Cooks vendor Joseph W Baldwin, at which sale Respondent Broom became the purchaser; Respondent then procured a Title from said Cook who has since become insolvent with General covenants of warranty and also a quit claim Title from Respondent Broom, Respondent saith that before his said purchase & payments That he had no notice of any claim in favor of said Craword[sp] or of any defect in the Title, that he had not so much as heard

25 That there was such a man as Crawford in Existence, or that any person what ever set up any claim of Title so said Land other than his vendors and those from whom they derived Title that Respondent had not heard who were the patentees of said Land until about the time of the Exhibition of said Bill or a very short time previous thereto. That this Repondent resides several miles from said Lands that he did not become a citizen of the State until in 1843. has had possession about two years. That he is a bonafide purchaser without notice and believes when he made said purchase; that he was getting a full and completed Title without defect or incumbrance.

Respondent William M Eaves Severally answering saith that, that a about the first January 1833, he went into the [illegible] of one acre of said half section situated on the South half of said half section by purchases from Joseph W. Baldwin at the sum of Forty Dollars which sum has been paid That said acre was when[?] purchased and is now unimproved [illegible] his purchase as named was made fairly bonafide and without notice of any claim in favour of saidCrawford or any other person adversly of any defect in the Title