Crossle Record
Page 189
due on foot of said mortgage, and that the interest payment should not fall on such of said purchasers to whose share said mortgaged premises happened to fall. That John Irwin died and made his will of which he appointed Mervyn Archdak, Esq., Guy Carleton, Esq., Christopher Irwin, Esq., and Rev. William Gratton, now dec’d, to be exrs, and desired his said proportion of said purchase to be sold for the uses mentioned in his will. That thereupon Mervyn Archdak and Guy Carleton two surviving exrs sold said proportion of John Irwin (said two denominations being part thereof) to Plt., who thereupon became entitled to the equity of redemption of said mortgaged premises. That John Betty is since dead, and Rowland Betty his son entered into possession of said two denominations as his exr or by some other title, and Rowland Betty is also dead leaving John Betty his eldest son, but having made no will one John Crosier has administered to him, and by virtue of letters of administration has possessed himself of said mortgaged lands and now holds same. That the custody mentioned in John Betty’s answer by virtue of which John Coyne one of the Defts mentioned in said answer as being in possession of said 2 tates [his encumbrance thereon] is since discharged. That said John Crosier and James Johnston who was also a Deft in said answer mentioned set up a title to the monies due on foot of said mortgage by virtue of some assignment or mortgage of said two tates made to them by John Betty and they are the only persons who now claim a title to what may be due on foot of the original mortgage. That Plt. is indifferent, if it shall appear that any monies are due on foot of the mortgage, to whom he shall pay same, but in regard Plt. is a purchaser under the will of John Irwin and is neither heir, exr nor administrator to him and so is not entitiled by bill of revives (?) to proceed on the original answer of John Betty, nor is Plt capable of compelling such of the Plts as are living or representatives of those who are dead to proceed in said original cause; so that Plt. has to file this original Bill against John Crosier and James Johnston who have combined with John Cochran, Henry Cochran eldest son and heir of Deborah by said John, Christopher Irwin of Castle Irwin aforesaid eldest son and heir of Christopher Irwin deceased, William Knox administrator of Christopher Irwin, Archibald Irwin eldest son and heir and administrator of Gerrard Irwin, deceased, Christopher Irwin eldest son and heir of John Irwin, deceased, John Betty eldest son and heir of Rowland Betty and William Humphreys, who refuse to admit Plt. to redeem said original mortgage unless Plt. executes a term of 21 years according to said pretended agreement made between them, and Plt. charges that he is not obliged to do so. To which Bill John Betty, John Crosier and James Johnston have filed their answers. That before further proceedings had taken place John Betty has since died intestate without issue leaving Christopher Betty his brother and heir who
|
