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Scott County court case, Durant vs Dexter, July 1856
leo00077-01page3
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payment of said notes from the endorsers Cook & Sargent, who did not wish however to advance the money, but it was finally agreed about the day of 18 that Cook & Sargent should pay Lee Higginson & Co, twenty thousand dollars of said debt and let all said $60,000 of notes remain in the hands of said defendants, so that for the remaining $40,000 of said indebtedness, said Lee Higginson & Co should have all the security created by said Deed of Trust and in addition to such increase of security said Cook & Sargent procured the separate endorsement of Geo. B. Sargent in the amount remaining unpaid of said notes which endorsement was also to be held as collateral to the payment of said unpaid balance of $40,000. This agreement was executed about the time above named. the $20,000 was paid and by virtue of such agreement said defendants Lee Higginson & Co have continued to this time to hold said $60,000 of notes and said Deed of Trust. That the said defendants have a right to the possession of said notes and Deed of Trust and by the terms of said agreement the interest of said Cook & Sargent in the security created by said Deed of Trust was postponed to
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payment of said notes from the endorsers Cook & Sargent, who did not wish however to advance the money, but it was finally agreed about the day of 18 that Cook & Sargent should pay Lee Higginson & Co, twenty thousand dollars of said debt and let all said $60,000 of notes remain in the hands of said defendants, so that for the remaining $40,000 of said indebtedness, said Lee Higginson & Co should have all the security created by said Deed of Trust and in addition to such increase of security said Cook & Sargent procured the separate endorsement of Geo. B. Sargent in the amount remaining unpaid of said notes which endorsement was also to be held as collateral to the payment of said unpaid balance of $40,000. This agreement was executed about the time above named. the $20,000 was paid and by virtue of such agreement said defendants Lee Higginson & Co have continued to this time to hold said $60,000 of notes and said Deed of Trust. That the said defendants have a right to the possession of said notes and Deed of Trust and by the terms of said agreement the interest of said Cook & Sargent in the security created by said Deed of Trust was postponed to
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