\> .^ IMAGE EVALUATION TEST TARGET (MT-3) > *. 1.0 Sfiu m ■■ IB 12.2 S Hi ^ I iliSSlttlii u& l.» Photographic Sdmces CorpoiHtoi ^ o .A. 33 VAST MUM STIHT WntTIR,N.Y. 14SM (71«)«71-4M» ^^^\ 4^ v\ .♦*% CIHM/ICMH Microfiche Series. CiHM/iCIVIH Collection de microfiches. CaiMdfvn Inttitut* for Historical IMicroroproductiom / inttitut canadion da miororaproductiOfM Mstoriqtiaa Technical and ■IbHoflrapMe Notaa/Netaa taehnlsiuaa at WMIoflraphiquaa Tha Inatituta haa anamptad to obtain ttw boat original copy availaMa for filming. Faaturaa of thia copy which may ba bibliographieally uniqua, which may altar any of tha imagaa in tha raproduction. or which may significantly changa tha uaual mathod of filming, ara ehackad balow. □ Colourad covcra/ Couvartura da coulaur pn Covara damagad/ Couvartura andommagia □ Covara ra at orad and/or iaminatad/ Couvartura raataur^a at/ou palNcuMa □ Covar titia miaaing/ La titra da couvartui D D n couvartura manqua pn Colourad :iMpa/ Cartaa giographiquaa 91* coulaur Colourad ink (i.a. ottiar tlian Mua or black)/ Encra da coulaur (i.a. autra qua Mauo ou noira) r~7| Colourad plataa and/or IHuatrationa/ Planchaa at/ou IHu a tr a t i ona wn coulaur ■ound with cithor matarial/ RalM avae d'autraa doeumanta r~] Tight binding may cauaa shadowa or diatortion da I'ombra ou do Mi intirioura along intarior margin/ LaraHura aarria paut dtatoraion !• long do la Blank laavaa addad during raatoration may appaar within tha taxt. Whanovar poaalbia. thaaa hava baan o m ittad from fNmlng/ II aa paut qua cartainaa p a gaa blanchaa aioutiaa hira d'una raatauratlon apparaiaaant dana ia taxta. mala, kiraqua eala 4talt poaalMa. caa pagaa n'ont L'Inatltut a microfilm* la maiUaur aiamplaira qu1l iui a it* poaaibia da aa procurer, Laa dAtaiia da cat axamplaira qui sont pout-4tra uniquaa du point do vuo bibliographiqua. qui pauvant modifiar una imaga raproduita. au qui pauvant axigar una modlfieation dana la mithoda nermala da f ilmaga aont indiquia ci*daaaoua. Colourad p ag aa / da coulaur D Q Pagaa damagad/ Pagaa D Additional commonta:/ Commantairaa suppiimantairaa: [31 p. andommagiaa raatorad and/01 Pagaa raataurtaa at/ou polllculAat Pagaa diacolourad. ttainad or foxai Pagaa d4cok»r*08. tachatAaa ou piquAaa Pagaa datachad/ Pagaa ddtachiaa Showthroughy Tranaparanca Quality of prin QuaUt* indgala da I'impraaaion IncKidaa aupplamantary matarii Comprand du material auppMmantaira Only adition avallabia/ Saula Mition diaponibia r~~| Pagaa raatorad and/or Iaminatad/ r~7( Pagaa diacolourad. ttainad or foxad/ rn Pagaa datachad/ ry/j Showthrough/ r*~| Quality of print variaa/ rn IncKidaa aupplamantary matariai/ r~| Only adition avallabia/ Pagaa wholly or partially obacurad by arrata alipa. tiaauaa. ate. hava baan rafiimad to anaura tha baat poaaibia imaga/ Laa pagaa totalamant ou partiallamant obacurciaa par un faulHat d'arrata. una palura, ate., ont At* fUmias * nouvaau da facon i obtonir la maillaura imaga poaaibia. TMa itam ia filmed at tha reduction ratio checked below/ Co document eat film* au taux da rMuctkm indiqud ci-deaaoua. 10X 14X ItX 22X 2IX 30X y 12X IfX 20X MX 3U totiM flMMfOflltV df : hMW has hflMi NBtodiMad tfianlu D. U TiMtoRatM PBMlill 90t of tIMI OnQlMl LNMsry OT wMlMII OntMfiO Room) ki 1^ ^k^^MA^h^ MfVI tho dOflf 0f tiNI MMk AN IIVO HMt fOOOMNQ MIMI OOMti TINUWK Of tiM syiMMl w WMUHtn^ mO i« •ootavgstob* In Itap TiM L'mamptairt fNmA fut mpfpduh griM i la 0MMfO0iw OK D« o« WMMM LlMWy UMVMMty OT WMlMII Onttvio lRfl|ioiMl HhMfy nooix) ' ttmi da M oandMon M da la natiaia da faMMplaifa $tmtt al an wnfwrniffn avaa laa canaRiana au canvac aa m* la aaa. Taaa laa la dafnMva pasa 4111 par la Un •uria aaa: la ■ ym fcala ■ ■Ip mfi a "A SUIVfir\ la lapfadult an iin aaiil aHMia* H aat iMna a iMWtif ^9 1 Mipw Mipanaiir paiMnat aa ganana a (iiuiia« milvanta 1 2 3 1 2 3 4 5 6 ^•--m !t^. L It iliH^ttfi^ fetureett iENEAS SAGE KENNEDY BARCLAY, - - PkUntiff, CITY OF LONDON. John A. Philpott, and Qeorgina Philpott, his wife ; Samuel Price, William A. Lilley and Eliza Lilley, his wife, De/eadanta. To the Hoiiorahle the Judyes of the Court of Chancer . Th«> Bill of Complaint of ^Etieaa Sage Kennedy Barclay, of the Village of Wallacetown, in the Township of Dunwich, in the County of Elgin, and Province of Ontario, Merchant, the above-named Plaintiff, SHEWETH : I. That on and prior to the ninth day of November, in the year of our Lord 1867, your Complainant was entitled to a conveyance in fee simple from one John L. Pierce, of certain lands and premises, whereof your C<^mplainant was in, and was entitled to possession, being village lots numbers I and 2 on the south side of Talbot Street, aud village lots number=» 11 and 12 on the north side of Argyle Street, all in Block F, in the Village of Wallacetown, in the plan and sub-division of part of lot number 12, in the eighth concession of the Township of Dunwich, in the County of Elgin, and Province of Ontfirio, made by William McCreorge, Deputy Provincial Laud Surveyor, and registered in the Registry Office of the sjvid County, on payment to the sail' Pieice of a small sum of money. That on or about the day aforesaid, and while your complainant was so entitled to a co:iveyt . of the said hiiuls, the Defendant, Georgina Philpott, wife of the Defendant, John A. Philpott, contracted to buy the said lands from your Complainant for the sum of $500 — payable, 1100 down ; $200 on the first day of Dec^embor, in the year of our Lord 1866 ; and |200, with interest thereon, on the first day of December, in the year of our L.ml 1869. 3. Your Complainant accordingly admitted the said Georgina Philpott, and she entered into possession of the said lands and premises, .-ind continued in possession thereof. 4. The Defendant, Georgina Philpott, paid only a part of her said pun-hase money, she has made default in the payment of the remainder thereof, and there is now due, owing and unpaid to your Complainant in respect thereof for principal money and interest, the sum of $26.). 5. Your Complainant submits that, under the circumstances aforesivid, the sjiid tigreement with Georgina Philpott has been partly performed, so as to entitle him to a specific execution thereof; 6. In or about the month of April, in the year of our Lord 1 870, the Defendant, John A. Philpott, pretending to be entitled to the said lands, — under or by virtue of the said agreement between his wife and your Compluinaut — by an agreement in writing signed by him, contracted with one John A. Lilley, who was acting for and on Iwhalf of the Defendant, Eliza Tilley, to sell and convey the said lands and premises to him, the said John A. Tilley, ami his heirs, for the price or sum of $600, pait of which was then paid. Price and land) deed the I way unde i;ou8( Com Uefe agaii to CO thein Willi hia h the » to J< aaid perfoi applii said ] on he the p tlebta Geor| PhUp PhUf some of th they, payn and t prete said lauds panij 7. In or about the month of May, in the year of our Lord 1870, the said John A. Philpott became Insolvent, within the meaning of the Insolvent Acts of 1864 and 1869, and th( reii|>on, in piiisuauii' of the aiid Acts, he assigned all his estate to the Defendant, Samuel Price, who v/na then, and still is an Official Assignee in the said (Jounty of Elgin, and who there- upon became, and still is the Assignee in Insolvency of the said John A. Philpott. 8. On the twenty-seventh day of January, in the year of our Lord 1872, the said Samuel Price, in order to carry out, and «!xccute the said contract with John A. Lilley, and at his instance and request, induced and procured the said John L. Picroe, in whom the Itigal estate in the said lands was still vested, to convey the said lands to the Defendant, Eliza Lilley and her heirs, by a deed bearing date on the day last aforesaid, aud theruupou the said Eliza Lilley and her husband, the Defendant, William A. Lilley, reconveyed the same to the said Samuel Price and his heirs, by way of Mortgage, to secure the payment of the remainder of the said punjhase money, payable under the contract with John A. Philpott. 9. The said conveyance to the said Eliza Lilley was made withijut your Complainant's consent, and was procured by the said Samuel Price aud John A. Lilley, in order to deprive your Complainant of his lien fi»r the balance of the purchase money due and owing to him by the Defendant, Georgiua Philpott. 10. Subsequently your Complainant filed his Bill of Complaint in this Honorable Court against the said John L. Pierce, Williiim A. Lilley, Eliza Lilley aud Sanmel Price, to compel them to convey the; said lands and premises to him and his heirs, free from encumbrances created by them or any of them, and this Honoraltle Court did thereupon decree an*l ortler the Defendants, William A. Lilley, Eliza Lilley and Samuel Price, to convey the same to your Complainant and his heirs, and did declare that such decree was to be without prejudice to the rights, if any, of the said Defendants in the said suit, or any of them, in respect of the alleged sale by the Plaiuti£f to John A. Philpott, in the pleadings in the said suit mentioned, or of the rights, if any, of the said Defendants in tlie said suit, or any of them, to enforct; against the Plaintitf specific performance of the said alleged agreement. 1 1 . The said lands were duly conveyed to your Complainant )>ursuant to the said decree. 12. Your Complainant has made, or caused to be made to the said (Jeorgina Philpott application specifically to perform the said agreement, but she has not dont; so. 13. The Defendants, Samuel Price and Eliza Lilley, sometimes pretend and allege that the said purchase of the said laruls by the Defend.mt, Georgina Philpott, was in fact made by and on behalf of her husband, the Defendant, John A. Philpott, aud for his sole use and l)enefit ; that the purchase was m) made while the said John A. Philpott was Insolvent and unable to pay his debts in full, and that the agreement with your Complainant was made in the name oi the said Georgina Philpott, with intent and in pursuance oi a scheme on the part of the said John A. Philpott and Georgina Philpott to defeat, hinder an