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Scott County court case, Durant vs Dexter, July 1856
leo00077-01page2
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to the amount of forty thousand dollars to the firm of Lee Higginson & Co. as Trustee to and at the time of said sale "deposited with said Lee Higginson & Co. the whole of said sixty thousand dollars of notes and said Deed of Trust securing the same to have and to hold the same for the joint benefit of said Lee Higginson & Co. to the amount of $40,000 and Cook & Sargent to the amount of $20,000." But these defendants state the truth of that transaction to be as follows, viz: After the execution and delivery of said Deed of Trust and the notes thereby secured amounting to $60,000.00 the said Cook & Sargent for value received sold and endowed all of said notes to the defendants Lee Higginson & Co and not as part of the same amounting to $40,000 as stated in complainants bill. That said Lee Higginson & Co bought said notes for, and with the money of several parties as stated in complainants bill. That said notes or a large portion of them became due and were unpaid by said [Bernon?] and the same were protested for nonpayment. That the defendants Lee Higginson & Co becoming apprehensive of loosing the debt or a portion of it, insisted on
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to the amount of forty thousand dollars to the firm of Lee Higginson & Co. as Trustee to and at the time of said sale "deposited with said Lee Higginson & Co. the whole of said sixty thousand dollars of notes and said Deed of Trust securing the same to have and to hold the same for the joint benefit of said Lee Higginson & Co. to the amount of $40,000 and Cook & Sargent to the amount of $20,000." But these defendants state the truth of that transaction to be as follows, viz: After the execution and delivery of said Deed of Trust and the notes thereby secured amounting to $60,000.00 the said Cook & Sargent for value received sold and endowed all of said notes to the defendants Lee Higginson & Co and not as part of the same amounting to $40,000 as stated in complainants bill. That said Lee Higginson & Co bought said notes for, and with the money of several parties as stated in complainants bill. That said notes or a large portion of them became due and were unpaid by said [Bernon?] and the same were protested for nonpayment. That the defendants Lee Higginson & Co becoming apprehensive of loosing the debt or a portion of it, insisted on
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