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Scott County court case, Durant vs Dexter, July 1856
leo00077-01page4
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the rights of said defendants Lee Higginson & Co and not until said $40,000 of notes and the interest shall have been paid will said Cook & Sargent or their assigns be entitled to the benefit of said security, or to the possession of said notes and Deed of Trust. These defendants further answering aver that at the time of the date of the pretended assignment from Cook & Sargent to complainant of $20,000 of said notes of Burrows secured by said Deed of Trust, viz: on the 27th day of January A.D. 1860, said Durant the complainant had full notice of the agreement aforesaid by Cook & Sargent with Lee & Higginson and complainant then knew that said $60,000 of notes & Deed of Trust were held by Lee & Higginson in pledge for the $40,000 unpaid, and complainant knew by actual notice of said agreement that if he took the assignment of said Deed and the notes thereby secured he took the same subject to such pledge and to the rights of Lee Higginson, Co. Defendants admit the refusal of said John F. Dillon to act as Trustee - Admit the appointment of Hiram Price as stated in complainants bill. These Complainants know nothing of the transfer by Cook & Sargent to Complainant
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the rights of said defendants Lee Higginson & Co and not until said $40,000 of notes and the interest shall have been paid will said Cook & Sargent or their assigns be entitled to the benefit of said security, or to the possession of said notes and Deed of Trust. These defendants further answering aver that at the time of the date of the pretended assignment from Cook & Sargent to complainant of $20,000 of said notes of Burrows secured by said Deed of Trust, viz: on the 27th day of January A.D. 1860, said Durant the complainant had full notice of the agreement aforesaid by Cook & Sargent with Lee & Higginson and complainant then knew that said $60,000 of notes & Deed of Trust were held by Lee & Higginson in pledge for the $40,000 unpaid, and complainant knew by actual notice of said agreement that if he took the assignment of said Deed and the notes thereby secured he took the same subject to such pledge and to the rights of Lee Higginson, Co. Defendants admit the refusal of said John F. Dillon to act as Trustee - Admit the appointment of Hiram Price as stated in complainants bill. These Complainants know nothing of the transfer by Cook & Sargent to Complainant
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