William  H. Lamaster
vs
Robert  A. Cotton,
Stephen  Coffin  and
Thomas  A. Cotton

SHELBY  CIRCUIT  COURT

Foreclosure of Mortgage

Box 93

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William H. Lamaster
         VS
Robert A. Cotton, Stephen Coffin and Thomas A. Cotton
Filed September 9, 1868   J. G. Wolf Clk


Shelby County   SS
State of Indiana                          In The Shelby Circuit Court
Fall Term 1868

Per 1st   William H. Lamaster  Complains of   Robert A. Cotton,  Stephen Coffin  and  Thomas A. Cotton  and says that at the City of Eugene in the state of Oregon on the 30th day of March 1867, the defendant Robert A. Cotton, Executed a Mortgage Conveying to one  Jesse Cox  the tracts of land therein described as Security for the payment of a debt evidenced by a note a Copy of each of which is filed hereunto amounting to Six hundred Dollars and that the said Jesse Cox endorsed the said note to the Plaintiff And the plaintiff says that on the ___ day of August 1867 and within Ninety days from its execution and delivery to him the said Jesse Cox filed said Mortgage in the office of the Recorder of Shelby county, Indiana for record and Plaintiff says that by reason of negligence of said Recorder said mortgage remained unrecorded Plaintiff further says that after the execution and delivery of said note and Mortgage to the said Jesse Cox the said Defendant Robert Cotton on the 3rd day of August 1867 Conveyed the said land by deed of trust for the  Children of Robert A. Cotton  by a former marriage to the Defendant  Stephen Coffin  and Plaintiff says that said Coffin knew and had knowledge of the existence of said note and Mortgage at the time of the accepting by him of said trust deed And Plaintiff further says that afterwards to wit on the 23rd day of March 1868 the said Defendant Coffin by virtue of his said deed of trust sold and conveyed to the said land in said Mortgage mentioned described to the defendant Thomas A. Cotton for the price and sum of Twelve Hundred & fifty Dollars and that the last installment thereof is unpaid by the said Thomas A. Cotton and Plaintiff says that at the time of the said Purchase of said land the said Thomas A. Cotton did know and had full and Complete knowledge of the said existence of said note and Mortgage and he further says that the said defendant Robert A. Cotton is wholly and entirely insolvent and that unless said Mortgage lien be enforced The Plaintiff will be compelled to loose his debt Plaintiff says that said debt is wholly unpaid and Plaintiff demands Judgment against the said defendant Robert A. Cotton for six hundred Dollars and the foreclosure of the Mortgage and sale of the property or so much thereof as may be necessary to pay said debt and for all other proper relief.
            And further Complaining the Plaintiff says that at Eugene City in the State of Oregon on the 30th day of March 1867 the defendant Robert A. Cotton borrowed of one Jesse Cox the sum of five hundred dollars in gold for which he executed and delivered to the said Jesse Cox the note a Copy of which is filed herewith, And the same Conveying to the said Jesse Cox the land therein described to secure the payment of said note when it fell due and Plaintiff says that afterwards on the ___ day of August 1867 and within Ninety days from the delivery of said Mortgage the said Jesse Cox filed in the office of the Recorder of Shelby County Indiana for the purpose of having the same therein recorded said Mortgage but which was not recorded and the Plaintiff says that afterwards to wit on the 30th day of August, the said Robert Cotton with intent to cheat wrong and defraud the said Jesse Cox and this plaintiff Robert A. Cotton is notoriously insolvent to the extent that no money can be made off him by execution or other means And that said note is wholly unpaid and Plaintiff demands Judgment that the said Thomas A. Cotton be required to pay over to the Plaintiff of the amount of money in his hands & going to the said Defendant Coffin by nature of said pretended trust and amount sufficient to pay said debt and that in default thereof that said Mortgage be foreclosed and the land be sold or so much thereof as may be necessary to pay said debt And all other proper relief.
Lamaster             Dennis Wright     Atty for Pltff           
 
3rd  Plaintiff further says that the defendant Robert A. Cotton on the 30th day of March 1867 by his note a Copy of which is filed herewith promised to pay Jesse Cox the sum of Five Hundred Dollars which note the said Jesse Cox endorsed to the Plaintiff and which is due and wholly unpaid and the Plaintiff says that after the execution of said note to wit on the 30th day of August 1867 the said defendant and Robert A. Cotton by a deed of Trust Conveyed to the defendant Coffin the following described tract of land in Shelby County Indiana to wit "The undivided sixth part of the south half of the south East quarter of section seventeen (17) also thirty acres of the North side of the North East quarter of Section Twenty (20) Also of all that part of the west half that of the North west quarter of section Twenty one (21) that lies north of the Shelbyville & Rushville Rail Road all the above tracts or parcels of Land be in Township thirteen (13) North of range Eight (8) East and that the said Coffin afterwards to wit on the ___ day of ____ to the defendant Thomas A. Cotton for the price and Sum of $1250 $625 of which was by said Thomas A. Cotton paid down and that six hundred and Twenty five dollars the balance of said sum of $1250 is still unpaid and the Plaintiff says that the said Thomas A. Cotton Executed his note to the defendant Coffin for said sum of $625. And that said defendant Coffin holds the same as trustee only and not in his own right and has no personal interest in the same and Plaintiff says that the said Robert A. Cotton & Stephen Coffin are not residents of the state of Indiana and that the Claim in this action against the defendants is for money due on a note executed by the said Robert A. Cotton to Jesse Cox & endorsed to the Plaintiff that the claim is just and that he believes he ought to recover the sum of Five hundred and thirty dollars and that said note is unpaid & the Plaintiff demands Judgment for six hundred dollars William H. Lamaster
---------------------------------------------------
State of Indiana
Shelby County SS
            On this 28th day of October 1868 personally came the Plaintiff William H. Lamaster before the undersigned and makes Oath and says that the facts set forth in the third paragraph above complaint are substantially true and that he believes that Thomas A. Cotton is indebted to the said Robert A. Cotton or to the said Stephen Coffin as said Trustee as stated in said paragraph of said complaint in the sum of six hundred and twenty five dollars.
William H. Lamaster        

            Sworn to before me this 28 day of Oct 1868
Eden A. Davis NP                                



William H. Lamaster
         VS
Robert A. Cotton  et al
            We undertake that the Plaintiff shall duly prosecute his proceedings in attachment in this action and pay to the defendant Robert A. Cotton all damages which he may sustain in case his proceedings be wrongful and apprehence[?]
William H. Lamaster



            Know all men by these presents that I  Robert Cotton  of  Lane County Oregon  for the consideration of five Hundred (coin) Dollars to me paid have bargained and sold and by these presents do bargain sell and Convey unto Jesse Cox of the same County, the following described premises in Shelby county Indiana to wit: "the undivided one sixth part of the following tracts of land towit the south half of the south east quarter of section Seventeen (17) also thirty acres off the North side of the North East quarter of Section Twenty (20) and also all that part of the west half of the North west quarter of Section twenty one (21) that lies north of Rushville & Shelbyville Rail Road all of the above tracts of land in Township Thirteen (13) North of Range Eight (8) East containing one hundred and Sixty six acres more or less This convey and is intended as a Mortgage to secure the payment of a note given by the said Robert A. Cotton on the 30th day of March 1867 of which the following is a copy to wit
$500 Eugene City March 30 1867
            Value received             I promise to pay Jesse Cox on order five hundred dollars in gold coin on or before July 1st 1867   Robert A. Cotton
 If the amount of said not principal and interest shall be paid at Maturity then these presents shall become Void and the estate hereby granted shall cease and utterly determine but if default shall be made in the payment of said sum of money or any part thereof then these presents shall remain in force and effect as provided by law.
            In witness whereof I have herewith set my hand and seal this 30th day of March 1867
Robert A. Cotton     (SEAL)    

            Signed & delivered in presence of         S. Ellsworth     H. Ellsworth||



State of Oregon
County of Lane SS
            On the 30th day of March 1867 before me the undersigned S. Ellsworth a Notary Public in and for the County came Robert A. Cotton who is known to me to be the Identical person described in and who executed the foregoing Conveyance and acknowledged that he executed the same.
            Witness my hand and Notary Seal of office the said 30th day of March 1867
S. Ellsworth     Notary Public    (SEAL)

Copy of Note
            $500 Eugene City March 30, 1867
Value Received     I promise to pay to Jesse Cox on order Five Hundred dollars in gold Coin on or before July 1st 1867.     Robert A. Cotton


Transcribed by Barb Huff

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