Letter from Elijah Miller to William Henry Seward, November 16, 1840
xml:
Letter from Elijah Miller to William Henry Seward, November 16, 1840
transcriberTranscriber:spp:mah
student editorTranscriber:spp:keh
Distributor:Seward Family Digital Archive
Institution:University of Rochester
Repository:Rare Books and Special Collections
Date:1840-11-16
In the context of this project, private URIs with the prefix "psn" point to
person elements in the project's persons.xml authority file.
In the context of this project, private URIs with the prefix "pla" point to
place elements in the project's places.xml authority file.
In the context of this project, private URIs with the prefix "psn" point to
person elements in the project's staff.xml authority file.
In the context of this project, private URIs with the prefix "psn" point to
person elements in the project's bibl.xml authority file.
verical-align: super; font-size: 12px;
text-decoration: underline;
text-decoration: line-through;
color: red;
Letter from Elijah Miller to William Henry Seward, November 16, 1840
action: sent
sender:
Elijah Miller
Person
Name: Elijah Miller
Birth: 1772-04-11
Death: 1851-11-13
Person
location:
Auburn NY
Place
Name: City: Auburn
County: Cayuga
State: NY
Country: US
Place
receiver:
William Seward
Person
Name: William Seward
Birth: 1801-05-16
Death: 1872-10-10
Person
location:
Albany NY
Place
Name: City: Albany
County: Albany
State: NY
Country: US
Place
transcription: mah
revision: crb 2016-02-11
<>
Page 1
Auburn 16 Novr 1840
DearSir
You will see by the enclosed that Corning
Name: Erastus Corning
Birth: 1794-12-14
Death: 1872-04-09
has taken a Decree & has advertised to sell
them 1/2 of the Eeles
your Mortgage, I think you told me
that your named had been struck out
of the Bill, least that dos does not look ^like^
it, you had better see immediately if
this was done, if not get an order to
stay stay proceeding to stop the sell
sale till a motion can be made to
made amend the decree, or it will be
to late after the sale, as you ^I^ conveyed the
one undivided ^1/2 to you & the other 1/2^ to I. S Miller
Name: Isaac Miller
Birth: 1791-04-30
Death: 1853-04-03
& he Mortgaged that
1/2 to Eeles to before Cornings Mortgage, &
you after Cornings Mortgage conveyed
the other 1/2 to I Miller & he then give
their Mortgage to you for the consi-
deration; Eeles was not made a party
to the Corning’s foreclosure suit, so that
the decree must be for the 1/2 that you
Mortgaged to you—; & Mr. Corning & his
Soliciter after the pains taken by us to show
him that his Mortgage did not cover the
their 1/2 (instead of my money a copy of the Bill
Page 2
& their answering it to put him up costs or we might
have done) that went ought not to ^have^ sent his
motion of sale into their County to create an
alarm as it has done with persons interested
in the premises
Yours respectfully
E. Miller
N.B I wish you to write & if necessary I will make
out the papers to get an order to stay providing
as I have all the papers necessary.
E. Miller
William H. Seward
Ail
Albany
Page 3
Erastus Corning
Name: Erastus Corning
Birth: 1794-12-14
Death: 1872-04-09
vs.
Isaac S. Miller
& Others.
Suit to foreclose a Mortgage
given by I. S. Miller.
Name: Elijah Miller
Birth: 1772-04-11
Death: 1851-11-13
dated
10th July 1834
dant & has been served with process of Subpoena
to appear & answer.
The following is the history of the Title as
far as Mr. Seward is concerned in the Land &
Mill privilages on the Owasco
Name: City: Owasco
County: Cayuga
State: NY
Country: US
Outlet in the town
of Aurelius
Name: City: Aurelius
County: Cayuga
State: NY
Country: US
to int.:
Elijah Miller Deed dated 20th day of June 1834.
to for the whole premises above men-
William H. Seward tioned.
& Isaac S. Miller
William H. Seward Deed dated the 7th March 1833
& Wife
Name: Frances Seward
Birth: 1805-09-24
Death: 1865-06-21
for the equal undivided half of
to the same premises.
Isaac S. Miller
Isaac S. Miller Mortgage dated same day to secure
to the Consideration money in the
Wm H Seward above Deed dated 7th March 1835
& duly recorded in the Clerk’s Office
7th March 1835.
I have named ^examined^ the Title to the Land & premises
on the Owasco Outlet in Aurelius known as
the Eeles property (statement of the Title is) & do
certify that the above statement of the Title
is correct.
E. Miller
Auburn 12th Decr 1839.
From the preceeding statement it
will be seen that Mr. Cornings Mortgage
Page 4
could not cover – the undivided half of the
premises owned by Mr. Seward & work conveyed
by him to Isaac S. Miller longing after Mr.
Cornings Mortgage was given. Mr. Corning’s
Mortin Mortgage ^covers^ was on the undivided half
of the whole premises conveyed by E. Miller
to Wm H Seward & Isaac S. Miller & not the
undivided half conveyed by Wm H. Seward
to Isaac S. Miller.
But if Mr. Seward’s name remains in the
suit as a Deft. & he does not appear and
answer and lets a decree pass against him by default,
it might lead to confusion & make difficulty
as to the undecided half secured ^covered^ by his mortgage
Therefore the Plff. is requested to strike out
of the Bill Mr. Seward’s name as a deft.
Should he refuse so to do, Mr. Corning’s
Solicitor is requested to deliver a Copy of the
Bill to Mr. Seward, so that Wm C. Beardsley
Name: William Beardsley
Birth: 1816-03-27
Death: 1900-01-25
of Auburn his solicitor may put in an
answer.
E. Miller
Name: Elijah Miller
Birth: 1772-04-11
Death: 1851-11-13
12th Decm 1839
This is a Copy of the paper sent to
Mr. Cornings fol. Decm last
Page 5
Page 6
Auburn 16 Novr 1840
DearSir
You will see by the enclosed that Corning
Person
has taken a Decree & has advertised to sell
them 1/2 of the Eeles
Unknown
property covered by your Mortgage, I think you told me
that your named had been struck out
of the Bill, least that dos does not look ^like^
it, you had better see immediately if
this was done, if not get an order to
stay stay proceeding to stop the sell
sale till a motion can be made to
made amend the decree, or it will be
to late after the sale, as you ^I^ conveyed the
one undivided ^1/2 to you & the other 1/2^ to I. S Miller
Person
1/2 to Eeles to before Cornings Mortgage, &
you after Cornings Mortgage conveyed
the other 1/2 to I Miller & he then give
their Mortgage to you for the consi-
deration; Eeles was not made a party
to the Corning’s foreclosure suit, so that
the decree must be for the 1/2 that you
Mortgaged to you—; & Mr. Corning & his
Soliciter after the pains taken by us to show
him that his Mortgage did not cover the
their 1/2 (instead of my money a copy of the Bill
& their answering it to put him up costs or we might
have done) that went ought not to ^have^ sent his
motion of sale into their County to create an
alarm as it has done with persons interested
in the premises
Yours respectfully
E. Miller
N.B I wish you to write & if necessary I will make
out the papers to get an order to stay providing
as I have all the papers necessary.
E. Miller
William H. Seward
Ail
Albany
Unknown
M. Chancery,Erastus Corning
Person
vs.
Isaac S. Miller
& Others.
Suit to foreclose a Mortgage
given by I. S. Miller.
Person
10th July 1834
Unknown
In this suit William H. Seward is made a defen-dant & has been served with process of Subpoena
to appear & answer.
The following is the history of the Title as
far as Mr. Seward is concerned in the Land &
Mill privilages on the Owasco
Place
of Aurelius
Place
Elijah Miller Deed dated 20th day of June 1834.
to for the whole premises above men-
William H. Seward tioned.
& Isaac S. Miller
William H. Seward Deed dated the 7th March 1833
& Wife
Person
to the same premises.
Isaac S. Miller
Isaac S. Miller Mortgage dated same day to secure
to the Consideration money in the
Wm H Seward above Deed dated 7th March 1835
& duly recorded in the Clerk’s Office
7th March 1835.
I have named ^examined^ the Title to the Land & premises
on the Owasco Outlet in Aurelius known as
the Eeles property (statement of the Title is) & do
certify that the above statement of the Title
is correct.
E. Miller
Auburn 12th Decr 1839.
From the preceeding statement it
will be seen that Mr. Cornings Mortgage
could not cover – the undivided half of the
premises owned by Mr. Seward & work conveyed
by him to Isaac S. Miller longing after Mr.
Cornings Mortgage was given. Mr. Corning’s
Mortin Mortgage ^covers^ was on the undivided half
of the whole premises conveyed by E. Miller
to Wm H Seward & Isaac S. Miller & not the
undivided half conveyed by Wm H. Seward
to Isaac S. Miller.
But if Mr. Seward’s name remains in the
suit as a Deft. & he does not appear and
answer and lets a decree pass against him by default,
it might lead to confusion & make difficulty
as to the undecided half secured ^covered^ by his mortgage
Therefore the Plff. is requested to strike out
of the Bill Mr. Seward’s name as a deft.
Should he refuse so to do, Mr. Corning’s
Solicitor is requested to deliver a Copy of the
Bill to Mr. Seward, so that Wm C. Beardsley
Person
of Auburn his solicitor may put in an
answer.
E. Miller
Person
This is a Copy of the paper sent to
Mr. Cornings fol. Decm last
enclosure, newspaper article, two sides
[left Margin]
Name: Elijah Miller
Birth: 1772-04-11
Death: 1851-11-13
Cut at of Ol
Cut out of Oliphants
paper. Nov 11. 1840
Page 7
Editorial Note
[left Margin]
Person
Cut out of Oliphants
paper. Nov 11. 1840
date:
Monday, November 16, 1840
receiver:
sender:
year: