said deeds. And the said Edwin Forrest, for himself, his 3289 heirs, executors and administrators, doth covenant, grant and agree, to and with the said party of the second part, his heirs and assigns, that the said Edwin Forrest, at the time of the sealing and delivery of these presents, is lawfully seized, in his own right, of a good, absolute and indefeasible estate of inheritance, in fee simple, of, and in all and singular the above granted and described premises, with the appurtenances, subject to the inchoate right of dower of Catharine N. Forrest, and hath good right, full power, and lawful authority, to grant, bargain, sell and convey the same, in manner aforesaid: and 3290 that the said party of the second part, his heirs and assigns, shall and may, at all times hereafter, peaceably and quietly have, hold, use, occupy, possess and enjoy the above granted premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction or disturbance of the said party of the first part, his heirs or assigns, or of any other person or persons lawfully claiming or to claim the same: And that the same now are free, clear, discharged and unencumbered, of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments and encumbrances, of what nature or kind soever, 3291 except as aforesaid, and in particular, the said party of the first part doth, for himself, his heirs, executors and administrators, covenant, promise and agree, to and with the said party of the second part, his heirs, executors, administrators and assigns, well and truly to indemnify and save harmless the said party of the second part, his heirs, executors, administrators and assigns, of and from the inchoate right of dower of Catharine N. Forrest, the wife of the said party of the first part, and all claims, demands, controversies, actions, damages, or sums of money, to arise or become payable by reason thereof, or by reason of any mari- 3292 tal rights of the said Catharine N. Forrest, and also, that the said party of the first part, and his heirs, and all and every person or persons whomsoever, lawfully or equitably deriving any estate, right, title or interest, of, in or to the hereinbefore granted premises, by, from, under, or in trust for him or them, shall and will, at any time or times hereafter, upon the reasonable request, and at the proper costs and charges in the law, of the said party of the second part, his heirs and assigns, make, do and execute, or cause to be made, done 3293 and executed, all and every such further and other law ful and reasonable acts, conveyances and assurances in the law, for the better and more effectually vesting and confirming the premises hereby granted or so intended to be, in and to the said party of the second part, his heirs and assigns forever, as by the said party of the second part, his heirs or assigns, or his or their counsel learned in the law, shall be reasonably advised or required; and the said Edwin Forrest, his heirs, the above described and hereby granted and released premises, and every part and parcel thereof, with the appurtenances, unto the said part of the second part, heirs and as3294 signs, against the said part of the first part, and heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant, and by these presents forever defend. 3295 In witness whereof, the said parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written. EDWIN FORREST, [L. S.] Sealed and delivered in the pre sence of [the words "or by J. WARREN LAWTON. City and County of New York, ss.: On the 15th day of March, A. D. 1856, before me personally came Edwin Forrest, known to me to be the individual described in and who executed the foregoing conveyance, and he acknowledged that he executed the same. SYLVESTER LAY, Comr. of Deeds. 3296 Recorded the preceding at the request of Speir & Nash, March 17th, 1856, at 9 o'clock, A. M. JOHN J. DOANE, Reg. Register's Office, City and County of New York: I have compared the preceding with an instrument in this office, Recorded in Liber No. 701 of Conveyances, page 415, March, 17th, 1856, at 9 o'clock, A. M., and certify the preceding to be a full and correct transcript of said record. I further certify that there is no official seal belonging to this office. Dated this 3d day of June, A. D. 1859. Endorsed" Edwin Forrest to T. B. Coddington. Ex. No. 12. A. C. B." Exhibit No. 13. NEW YORK, June 29th, 1859. The subscriber having been required to examine the premises Nos. 282, 284, 286 and 288 West Twentysecond street, and Nos. 271, 273, 275 and 277 West Twenty-first street, and to ascertain the values thereof at any time during the year 1856, and also the value of 3298 rents of said premises during the years 1850 to 1857, both inclusive, makes the following report, viz.: VALUE OF HOUSES IN THE YEAR 1856. PARCEL. PROPERTY. VALUE. 1. House No. 284 West 22d street..... $5,550 00 6,050 00 3. 4. House No. 273 West 21st street.. 6,600 00 7,500 00 House No. 288 West 22d street... 11,500 00 6,750 00 5,500 00 $49,450 00 3300 3301 Total value in 1856.... RENTS. 1850. 1851.|1852.|1853. 1854.|1855.|1856.|1837. 1850, Dec. 24. Action commenced. On plaintiff's motion, an order was made at Special Term for issues, Mr. O'Conor being heard for the plaintiff, Mr. Van Buren being heard for the defendant. 1851, May 27. George Roberts examined in Boston on commission issued by plaintiff. 1851, June 2. On defendant's motion, a special commission was obtained at Special Term to examine Ann Flowers, in New Orleans, with a stay of proceedings. This motion was opposed and argued by same counsel. 1851, June 13. Plaintiff's motion for struck jury by same counsel. 1851, Aug. 26. Samuel S. Smith was examined conditionally for defendant, and cross-ex amined by plaintiff's said counsel. Aug. 30. John Green in like manner examined 1851, Nov. 21. John W. Forney examined in Philadel- tiff. 1851, Dec. 31.) John Hawkes and Laura L. Hawkes in like manner examined as witnesses, de bene esse, for the plaintiff and crossexamined. 1852, Jan. 1. 1851, Dec. 15. Trial of cause commenced before Chief Justice Oakley and a jury, and trial 1852. There were upwards of eighty 1852, Jan. 31. After discussions on several days, before and entered this day. Bill of exceptions made and settled, ex ceeding 1,800 folios. 1856, January. Plaintiff having appealed from part of 3302 3303 the judgment, and the defendant hav- |