Case File No. 31

Catharine Jackman

Renewse, March 27, 1813
Mortgage      Catherine Jackman to
Hunt S.[tabb] P.[reston] & Co.
Consideration: £143 15s 8d

a Dwelling House, out Houses & 2 Head of Cattle, for the payment of Twenty pounds a Year on the 20th day of November & in default of payment to take possession, ~

Hunt, Stabb, Preston & Co. v. Estate of Catharine Jackman, Renews
6 June 1818
Court of Sessions
[Before Robert Carter, JP]

To Recover £160 on the estate of Catharine Jackman, deceased

It appeared a transfer of the deceaseds property as Security of the annual payment of £20 untill the debt was paid, had been Recorded in this Court and that on investigating the Account produced in the Court by the Administrators of the deceased, it appeared the Bond debt was Liquidated by payments made in the year 1813, between March, the time of executors said Bond in the same Year, and the Month of November next following to the Amount of £49… and that a further payment of £43 was made by George Jackman

Jugt can not be had till the 20 day of November—the day on which the installment becomes due

A rehearing of this case was had on the 20th. of October 1818- and it appearing by authentic documents which was then produced in Court, that in the year 1817, the sum of £15 of the annual instalment was unpaid in that period ~

Judgment that the said Sum of £15. be paid on the 20th. of November next—and on the 20th. of November in each year thence following, the annual sum agreed to be paid according to the Tenor of the Mortgage, untill the whole debt for which the same was given be fully paid ~

Hunt, Stabb, Preston & Co. v. Estate of Catharine Jackman, Renews
25 April 1820
[Before Robert Carter, JP]

To recover £160. Balance of an account

Ordered to Stand over for ahearing at a future day on the Grounds that the children of Arthur and Catharine Jackman claiming interest in the said estate—the same could not be legally disposed of for payment of Catharine Jackman's debts, if such Interest was proved ~

Hunt, Stabb, Preston & Co. v. Estate of Catharine Jackman, Renews
7 November 1820
[Before Robert Carter, JP]

To Recover £160 due on a Bond debt

this Case was before the Court on the 25th. of April last and ordered to stand over in consequence of a claim by the children of the deceased on their Fathers property who died intestate—pltiffs endeavoured to justify their claim to the said property on the following circumstances—the deceased, Catharine Jackman, had been Supplied at various times by pltiffs up to March 1813, at which time she stood indebted the sum sued, and to secure the payment thereof Transferred all her right, title and Interest in a dwelling house and all the Appurtenances, and two head of Cattle—the debt to be paid by Annual instalments and in default of the payment at the time the same became due in any succeeding year, pltiffs to be at liberty to enter & possess the premises and effects so transferred—George Jackman prest. Stated that his Father died intestate in the year 1807—at which time he was aminor and was totally ignorant of the Transfer now before the Court— in the year 1815 he paid £42 towards payment ofhis Mothers debt, to prevent the property being sold being then ignorant of any will made by his father leaving the whole property to his Mother—in 1816 his Mother died, and he Administered to the estate—Contends that as the debt was Contracted by his Mother, that it could not bind the property beyond the proportion she was by law entitled to his Father having died intestate—pltiffs Reply stated, Arthur Jackman to have died insolvent, and largely indebted to them at his decease ~

Ordered to stand over for producing pltiffs Accounts -

Hunt, Stabb, Preston & Co. v. Estate of Catharine Jackman, Renews
5 December 1820
[Before Robert Carter, JP]

This case was before the Court on aformer day and now application by pltiffs. for the foreclosure of the Mortgage of Catharine Jackman for the Sum of £160, upon which debt the sum of £40 remained unpaid—George Jackman appears, and resists the Claim of pltiffs the property being liable to him for a share, contending that his Mother had no authority to alienate or transfer the same ~ the Widdow Jackman died 1815 at which time said George Jackman administered to the said estate and together with his Brother paid all up to the Sum of £40—On the part of pltiffs it is contended that paying these sums after being of Age that he cannot plead ignorance ~ Judgmt. the Widdows one third to be disposed of for the benefit of her Creditors ~ the Garden which is in dispute if it can be shewn the party is entitled to a preference—to be further Considered by the Court—the Accounts to be adjusted by arbitration.

Sources: PANL, GN 5/1/C/1, Ferryland: 113, Mortgage, Catharine Jackman to Hunt, Stabb, Preston and Co., 27 March 1813; and 47, 110, 126, and 161, Hunt, Stabb, Preston and Co. v. the Estate of Catharine Jackman, 6 June 1818 and 25 April, 7 November, and 5 December 1820.