Letter from Elijah Miller to William Henry Seward, November 16, 1840

  • Posted on: 9 March 2016
  • By: admin
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Letter from Elijah Miller to William Henry Seward, November 16, 1840

transcriber

Transcriber:spp:mah

student editor

Transcriber:spp:keh

Distributor:Seward Family Digital Archive

Institution:University of Rochester

Repository:Rare Books and Special Collections

Date:1840-11-16

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Letter from Elijah Miller to William Henry Seward, November 16, 1840

action: sent

sender: Elijah Miller
x

Person

Name: Elijah Miller Birth: 1772-04-11 Death: 1851-11-13

location: Auburn NY
x

Place

Name:  City:  Auburn County:  Cayuga State:  NY Country:  US

receiver: William Seward
x

Person

Name: William Seward Birth: 1801-05-16 Death: 1872-10-10

location: Albany NY
x

Place

Name:  City:  Albany County:   State:  NY Country:  US

transcription: mah 

revision: crb 2016-02-11

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Page 1

Auburn 16 Novr 1840
DearSir
You will see by the enclosed that Corning
x

Person

Name: Erastus Corning Birth: 1794-12-14 Death: 1872-04-09

has taken a Decree & has advertised to sell
them 1/2 of the Eeles
Unknown
property covered by
your Mortgage, I think you told me
that your named had been struck out
of the Bill, least that dos does not look ^like^
it, you had better see immediately if
this was done, if not get an order to
stay stay proceeding to stop the sell
sale till a motion can be made to
made amend the decree, or it will be
to late after the sale, as you ^I^ conveyed the
one undivided ^1/2 to you & the other 1/2^ to I. S Miller
x

Person

Name: Isaac Miller Birth: 1791-04-30 Death: 1853-04-03
& he Mortgaged that
1/2 to Eeles to before Cornings Mortgage, &
you after Cornings Mortgage conveyed
the other 1/2 to I Miller & he then give
their Mortgage to you for the consi-
deration; Eeles was not made a party
to the Corning’s foreclosure suit, so that
the decree must be for the 1/2 that you
Mortgaged to you—; & Mr. Corning & his
Soliciter after the pains taken by us to show
him that his Mortgage did not cover the
their 1/2 (instead of my money a copy of the Bill
Page 2

& their answering it to put him up costs or we might
have done) that went ought not to ^have^ sent his
motion of sale into their County to create an
alarm as it has done with persons interested
in the premises
Yours respectfully
E. Miller
N.B I wish you to write & if necessary I will make
out the papers to get an order to stay providing
as I have all the papers necessary.
E. Miller
William H. Seward
Ail
Albany
Page 3

seward-pen
Unknown
M. Chancery,
Erastus Corning
x

Person

Name: Erastus Corning Birth: 1794-12-14 Death: 1872-04-09

vs.
Isaac S. Miller
& Others.
Suit to foreclose a Mortgage
given by I. S. Miller. seward-pen
x

Person

Name: Elijah Miller Birth: 1772-04-11 Death: 1851-11-13
dated
10th July 1834
seward-pen
Unknown
In this suit William H. Seward is made a defen-
dant & has been served with process of Subpoena
to appear & answer.
The following is the history of the Title as
far as Mr. Seward is concerned in the Land &
Mill privilages on the Owasco
x

Place

Name:  City:  Owasco County:  Cayuga State:  NY Country:  US
Outlet in the town
of Aurelius
x

Place

Name:  City:  Aurelius County:  Cayuga State:  NY Country:  US
to int.:
Elijah Miller Deed dated 20th day of June 1834.
to for the whole premises above men-
William H. Seward tioned.
& Isaac S. Miller
William H. Seward Deed dated the 7th March 1833
& Wife
x

Person

Name: Frances Seward Birth: 1805-09-24 Death: 1865-06-21
for the equal undivided half of
to the same premises.
Isaac S. Miller
Isaac S. Miller Mortgage dated same day to secure
to the Consideration money in the
Wm H Seward above Deed dated 7th March 1835
& duly recorded in the Clerk’s Office
7th March 1835.
I have named ^examined^ the Title to the Land & premises
on the Owasco Outlet in Aurelius known as
the Eeles property (statement of the Title is) & do
certify that the above statement of the Title
is correct.
E. Miller
Auburn 12th Decr 1839.
From the preceeding statement it
will be seen that Mr. Cornings Mortgage
Page 4

could not cover – the undivided half of the
premises owned by Mr. Seward & work conveyed
by him to Isaac S. Miller longing after Mr.
Cornings Mortgage was given. Mr. Corning’s
Mortin Mortgage ^covers^ was on the undivided half
of the whole premises conveyed by E. Miller
to Wm H Seward & Isaac S. Miller & not the
undivided half conveyed by Wm H. Seward
to Isaac S. Miller.
But if Mr. Seward’s name remains in the
suit as a Deft. & he does not appear and
answer and lets a decree pass against him by default,
it might lead to confusion & make difficulty
as to the undecided half secured ^covered^ by his mortgage
Therefore the Plff. is requested to strike out
of the Bill Mr. Seward’s name as a deft.
Should he refuse so to do, Mr. Corning’s
Solicitor is requested to deliver a Copy of the
Bill to Mr. Seward, so that Wm C. Beardsley
x

Person

Name: William Beardsley Birth: 1816-03-27 Death: 1900-01-25

of Auburn his solicitor may put in an
answer.
E. Miller
seward-pen
x

Person

Name: Elijah Miller Birth: 1772-04-11 Death: 1851-11-13
12th Decm 1839
This is a Copy of the paper sent to
Mr. Cornings fol. Decm last
Page 5

William H. Seward Esqr
Albany
Mr S. Wood
seward-pen
Unknown
Elijah Miller
Nov. 10. 1840
Page 6
seward-editorial-note enclosure, newspaper article, two sides
x

Editorial Note



[left Margin] seward-pen
x

Person

Name: Elijah Miller Birth: 1772-04-11 Death: 1851-11-13
Cut at of Ol
Cut out of Oliphants
paper. Nov 11. 1840
Page 7
seward-editorial-notesecond side of newspaper page
x

Editorial Note


Cut of of the
Cut out of Oliphants
Paper Nov. 11, 1840
date: 
Monday, November 16, 1840
year: 
place_node: