Daniel G. Parks
(Margaret E. Cater agst. Albert Kaufman et al)
Contributed by email@example.com
In 1915, a lawsuit was filed against Daniel G. Parks, the son of David H. Parks (deceased at the time) regarding a mortgage from the mid 1800s that David H. Parks and Hannah (Williams) Parks had used to secure a farm right after the Civil War.
According to family stories (admittedly probably one sided), the mortgage was, in fact, paid at the time of the suit and had been paid as agreed, however, the family was unable to document a 40-year old payment (again, according to family stories, the person suing had bought the mortgage, not knowing it was paid, and was never a party to the original transaction). At the time of the suit, David was deceased and Hannah was approaching 90, so wasn’t much help. In addition, if, as suggested by the 1870 census, both David and Hannah were illiterate, they may not have kept the papers for the forty years that had gone by, perhaps not realizing their importance. However it happened, Daniel G. Parks lost the suit and the farmland was sold. The story may provide some rationale for why no one ever threw anything out in my family in my memory, and why I have so much in the way of papers and receipts! Regardless of whether the suit was founded or not, it is an interesting story.
Some of the facts are laid out below, followed by the text of the suit. The scan is of the original filing and the final decision. In the text of the suit, I have put the names of all individuals in bold, so that it can be easily scanned and matched to various records if anyone is interested. I was unable to determine who Albert Kauffman was (also named in the suit) or the relationship of the plaintiff other than that she “owned” the paper on the transaction. I have relied on census and family records – I have not researched land titles so if anyone has any additional information, I would appreciate knowing it!
David H. Parks (b. 1827, d. 1904) and Hannah (Williams) Parks (b. 1829, d. 1921)
Supreme Court, Greene County.
Margaret E. Cater
Albert Kauffman, et al
Copy. Summons and Complaint
Betts & Betts
Attorneys for Plaintiff
Office and Post-Office Address,
Trial desired in Greene County.
Margaret E. Cater
Albert Kauffman and Mary Kauffman, his wife (this said Christian name Mary being fictitious and being intended to designate the Christian names of the wife of the said Albert Kauffman, her true Christian name being unknown to the plaintiff), and Daniel G. Parks.
THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this section, and to serve a copy of your answer on the plaintiff’s attorneys, within twenty days after the service of this summons, exclusive of the day of service, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated June 2, 1915
Bettis & Bettis
Office and Post Office Address
Catskill, New York
The plaintiff above named as and for her complaint in this section respectfully alleges and says to the Court, on information and belief:
That David H. Parks (now deceased), for the purpose of securing the payment to Charles W. Weeks of the sum of $1000 and interest thereon, executed and delivered to the said Charles W. Weeks, on or about the 25th day of March, 1868, a bond bearing date on that day, sealed with his seal, whereby the said David H. Parks did bind himself and his heirs, executors or administrators, jointly and severally, in penalty of $2000, upon condition that the same should be void, if he or his heirs, executors or administrators should pay or cause to be paid to the said Charles W. Weeks or to his certain attorney, executors, administrators or assigns, as follows: $1000 with the interest thereon at the rate of six per cent. Per annum on the 1st day of April, 1871. The interest to commence on the 1st day of April, 1868, and to be paid annually thereafter on the 1st day of April in each and every year; and as collateral security for the payment of the said indebtedness, the said David H. Parks and Hannah E. Parks his wife on the same day executed, duly acknowledged and delivered to the said Charles W. Weeks, a mortgage, whereby they granted, bargained and sold to the said Charles W. Weeks, the following described premises with the appurtenances thereto, that is to say:
ALL THAT PIECE or parcel of land, situate, lying and being in the Town of Cairo, County of Greene and State of New York and bounded as follows: On the north by lands of Cyrastus Betts and Charles Weeks, on the east by William H. Peary said Betts and Soloman Earls, on the south by William Story and Henry Story, on the west by James Allerton and Charles Weeks, known as the Blackmar Farm, containing One Hundred and Thirteen acres of land, be the same more or less. For above boundaries, reference is had to a certain deed of conveyance executed by Levi Freligh and Elizabeth Freligh, his wife, to said David H. Parks, bearing date of April 8, 1866.
The said mortgage contained the same conditions as the said bond, and the further condition that if the said mortgager, David H. Parks should not pay the moneys thereby secured according to the terms thereof, then the said Charles W. Weeks, his executers, administrators or assigns were empowered to sell the said mortgaged premises in the form of law, and out of the monies arising from such sale, to pay this said sum of money and interest in and by said bond secured to be paid, with the costs and expenses of the proceedings thereupon, the surplus, if any there should be, to be returned to the mortgager, David H. Parks, his executors, administrators or assigns.
That the said mortgage duly recorded in the office of the clerk of the county of Green, New York, on the 6th day of April, 1868, in Book No. 43 of Mortgages, page 449.
That before the commencement of this action, the said bond and mortgage, together with all moneys due and to grow due thereon, were duly sold, assigned and transferred to the plaintiff, and she thereupon became and still is the sole owner and holder thereof.
That the said David H. Parks, and the defendant, Albert Kauffman, have failed to comply with the conditions of the said bond and mortgage by omitting to pay $1000 of the principal sum thereby secured which by the terms and conditions of said bond and mortgage became fully due and payable April 1, 1871, and there is now justly due and unpaid upon the said bond and mortgage the sum of $621 with interest thereon at 5% per annum from April 1, 1914.
That no other action has been brought to recover any part of the mortgage debt. That each and every of the defendants have or claim to have some interest in or lien upon the said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequently to the lien of the said mortgage, and is subsequent and subject thereto.
The plaintiff therefore demands that the defendants and al persons claiming under them subsequent to the commencement of this action, may be barred and foreclosed of all rights, claim, lien and equity of redemption in said mortgaged premises, that the said premises, or so much thereof, as may be sufficient to raise the amount due to the plaintiff for principal, interest and costs, and which may be sold separately without material injury to the parties interested, may be decreed to be sold according to law, that out of the moneys arising from the sale thereof the plaintiff may be paid the amount due on the said bond and mortgage with interest to the time of such payment, and the cost and expenses of this action so far as the amount of such moneys, properly applicable thereto, will pay the same, and that the plaintiff may have such other or further relief, or both, in the premises as shall be just and equitable.
Betts & Betts
Catskill, New York
Margaret E. Cater being duly sworn, deposes and says that she is the plaintiff in this action, that she has read the foregoing complaint and knows the contents thereof; that the same is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, she believes it to be true.
Sworn to before me this 2nd day of June, 1915
Margaret E. Cater
Sarah Haas, Notary Public
Supreme Court – Green County
Margaret E. Cater, Plaintiff, against
Albert Kauffman, et a, Defendants
In pursuance and by virtue of a judgment granted in the above entitled action, September 24, 1915, and entered in the office of the Clerk of the County of Greene, New York, September 25, 1915. I, the subscriber, the referee duly appointed in and by said judgment for that purpose, will sell at public auction at the front door of the Court House, in the Village of Catskill, Greene County, New York, on the 13th day of November, 1915, at eleven o’clock in the forenoon, all those lands and premises described in said judgment as follows:
That place or parcel of land, situate, lying and being in the Town of Cairo, County of Greene and State of New York and bounded as follows: On the north by lands of Cyrastus Betts and Charles Weeks, on the east by William H. Peary said Betts and Soloman Earls, on the south by William Story and Henry Story, on the west by James Allerton and Charles Weeks, known as the Blackmar Farm, containing One Hundred and Thirteen acres of land, be the same more or less. For above boundaries, reference is had to a certain deed of conveyance executed by Levi Freligh and Elizabeth Freligh, his wife, to said David H. Parks, bearing date of April 8, 1866.
Together with all and singular the hereditaments and appurtances thereunto belonging or in any wise appertaining.
Dated September 28, 1915
J.L. Patree, Referee
Betts & Betts, Plaintiff’s Attorneys
Catskill, New York