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1 Sidney Hopkins, Receiver of the Property, &c. of William Tuttle, vs. Hugh Halsey 1879

handle is hein.trials/abdb0001 and id is 1 raw text is: SUPREME COURT-COUNTY OF TOMPKINS.
SIDNEY HOPKINS, Receiver]
of the property, &c. of WIL-
LIAm TUTTLE,
HUGH H;ALSEY.
PLAINTIFF'S POINTS.
There is no dispute over the following facts:-That the
defendant and William Tuttle entered into the agreement,
(fol. 198-204.) That Tuttle has paid upon that agreement
the sums mentioned in fol. 204, amounting to $1,020.21.
That defendant had of Tuttle 749 pounds of butter; and
same was on hand at time of appointment of Receiver, no
price having been set for the same, (fol. 233.) That same
was sold by consent of parties, (fol. 125) and brought
$262.89. That the expense of selling same was $31.60,
leaving net $231.39, (fols. 73, 130, 232, 233.) That Halsey
also had a colt, of the value of $30, (fbl. 236, 237) and two
pigs, of the value of $5.00, (fol. 66.)  That after the 14th
day of September, 1869, defendant took the farm men-
tioned in the contract from Tuttle as forfeited, rescinding
contract, (fols. 233, 234, 129, 115.)  The defendant knew
of the appointment of Receiver at the time of taking colt,
pigs and farm, (fols. 60, 61, 237.) The defendant took the
farm as his own, and to keep as his own, and not in trust for
Tuttle, (fol. 115, 116, 129.) That defendant took of Wil-
liam Tnttlc the two mortgages mentioned in Referee's Re-
port, page 64, 65. That the property taken by the defen-
dant under the $1500 mortgage sold at auction Feb. 26,
1870, and brought. cash, $665.45. The defendant took the
personal property after he took farm. Folio 232. The de-
Cendant sold $47 worth of property under small mortgage.
Folio 126. The property sold on the mortgages which Tut-

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