transferred and conveyed to the plaintiffs, as joint tenants, to them and the survivor of them, the following described real and personal property, viz.: [describe property] The following is a copy of said deed :

[Copy deed.]

Second. For the accommodation of said A B, and at his solicitation, the plaintiffs accepted said conveyance upon the aforesaid trusts, and said deed was duly delivered by said A B to the plaintiffs, and was duly recorded in the record of deeds of ——— county on the

day of

day of

Third. On the said A B married C D, who is now living, and there have been born lawful issue of said marriage, as follows:

years;

aged

years; and

aged years.

aged

Fourth. The plaintiffs have held and managed the property conveyed by said deed ever since the delivery of the same, and have duly paid over to said A B the net income arising from said trust, as provided in said deed.

Fifth. The plaintiffs have sold part of the property conveyed to them in said deed, and have re-invested the proceeds thereof in other property for the benefit of said trust, pursuant to the powers given them in said deed.

Sixth. There have come into their hands, and are now held by plaintiffs as a part of said trust property, six hundred and seventy-eight shares of the capital stock of the Hartford Steel Manufacturing Company, and forty-two shares of the capital stock of the Union Copper Company, which companies are duly incorporated under the laws of the state.

Seventh. Said stocks have thus far proved, and at present continue to be, profitable investments, and the plaintiffs have held and now hold the same as such trustees with the knowledge and assent of said A B, and neither said A B nor the plaintiffs know of any other securities which, in their judgment, would probably produce a greater net income with greater certainty and safety. But the plaintiffs are in doubt and are unwilling longer to hold so large amount of said stocks without the advice and protection of a decree of a proper court.

Eighth. [Set forth a full statement of the proceedings, investments and disbursements of the trustees, from the commencement of the trust.]

Ninth. Ever since accepting said trust the plaintiffs have rendered frequent accounts of their management of said trust and of the receipts and expenditures on account thereof to said A B, and he has approved the same; but inasmuch as said trust is necesarily of very long duration, and the rights of said minor children born, or that may be hereafter born, are involved in the administration of said trust, as well as the rights of his wife, the plaintiffs feel it to be their right and duty to ask the court to examine into their administration of said trust from the commencement thereof, their sales and purchases, investments and re-investments, as respects the principal of said trust fund, and their receipts, charges and disbursements on account of the income thereof, and to pass upon the propriety and correctness of their said doings and accounts, and to make a complete settlement to the date of the decree of all matters between the plaintiffs and the parties interested.

Tenth. The value of the trust property now in the hands of the plaintiffs, is about $ and is situated in this state, and said A B has, since the acceptance of said trust by plaintiffs, removed out of this state, and now resides with his wife and children in the city of

The plaintiffs, therefore, pray —

First. That the court will advise and order whether they may or shall hereafter hold as part of said trust property said stocks in said manufacturing companies or any part thereof.

Second. That the court will examine into the administration of said trust by the plaintiffs from the commencement thereof down to the time of such examination, including all their sales and purchases, investments and re-investments, as respects the principal of said trust fund, and all their receipts, charges and disbursements on account of the income thereof, and will pass upon the propriety and correctness of the said doings and accounts, and make a complete settlement up to the date of its decree of all said matters as between the plaintiffs and all parties interested in said trust. 1

No. 451.

DOUBLE ASPECT. FIRST, THAT NO TITLE PASSED AT A JUDICIAL SALE; Second, if THE COURT FINDS TITLE PASSED TO RENDER A DECREE THAT THE PURCHASER HOLD AS TRUSTEE.

day of

- the plaintiff was the company, said company

First. The plaintiff alleges that on the sole owner of four shares of the capital stock of the being duly authorized as a corporation under the laws of this state. Second. On or about the day of there were levied certain assessments upon the capital stock of said corporation for the purpose of carrying on its business, and among the assessments was one of $500 upon the said shares owned by plaintiff, upon which the plaintiff paid the sum of $100, but failed to pay the remaining $400 due thereon.

court of

day of

Third. On the said corporation filed a petition in the district county against the plaintiff praying that an account might be taken of the amount due from plaintiff upon said assessments, and the plaintiff be required to pay the same by a day to be fixed by the court, or in case of default that said shares be sold and the proceeds thereof applied to the payment of the same.

Fourth. On the day of ——, a decree was rendered in said cause finding that there was due from the plaintiff upon said assessments the sum of $500, and that the same was a specific lien upon the shares of capital stock owned by him, and ordering said shares to be sold one by one until the sum so found due be raised; the sale to be conducted in all respects as in cases of sales of real estate upon execution and the plaintiff herein was enjoined from encumbering or intermeddling with said shares until the further order of the court.

Fifth. At the time said petition was filed and said decree rendered, the plaintiff was a non-resident of the state of, and neither he nor said shares were within the jurisdiction of the court rendering the decree.

Sixth. At the time said decree was rendered, the plaintiff was a member of the firm of H W & Co., and said firm was indebted to one D, in the city of -—————, în about the sum of $800, which they had been unable to pay, and being on friendly and intimate terms with said D, and desirous of securing to him the amount of said debt as well as to obtain from him a sufficient amount to pay off said assessments, and being about to start on a journey to -, the plaintiff consented to a propesal of said D tɔ bid in said shares at a sale under said decree and hold the same as security for the amount found due from said firm of H W & Co., and the amount which might be advanced by said D on said bid to pay said assessments and the interest thereon until plaintiff should be able to repay said amounts, and upon the repayment thereof said D was to reconvey said shares to the plaintiff.

1 See Jocelyn v. Nott, 44 Conn. 55.

day of

Seventh. Afterward, and on or about the -, one G, a master of said court, in execution of the decree thereof, offered said four shares of capital stock for sale, and then struck off and sold the same to the said D, who was then the president of said corporation, for the sum of $120, but afterward, and after said sale had closed, the name of the bidder was changed to C D, said change being made without the knowledge or authority of said C D, and without consideration, and for the sole purpose of placing said shares in the hands of an apparently innocent party, thereby defrauding the plaintiff of the benefit of said agreement.

Eighth. The plaintiff further alleges that said D paid no consideration whatever for said shares, and nothing whatever was paid upon said bid except a sufficient amount to pay the costs of the action.

Ninth. Said shares were worth in the market at the time of said sale not less than $3,000; that no appraisement was made before said sale, nor was said sale advertised as required by law, nor was a report thereof made to the court and the sale confirmed, and no portion of the amount bid was ever applied to the payment of said

assessments.

Tenth. The plaintiff alleges that said court had no jurisdiction either of the person of the plaintiff or the subject matter of the action in which said decree was rendered, but by pretending that said C D acquired title to said shares by virtue of said proceedings the defendants have represented said shares in the meetings of the stockholders of said corporation, and have received and collected the dividends declared on said stock, amounting to about the sum of $6,000, and after repaying the debt due from said firm of H W & Co. to said D, and the advances made by him under said sale, a large surplus of money remains in his hands which rightfully belongs to the plaintiff; yet said defendants absolutely refuse to account to plaintiff for the amount so collected by them and re-convey said shares, but claim that the title to the same is in C D, and that the plaintiff has no interest therein whatever, and are about to proceed to the collec. tion of further dividends on said shares.

Eleventh. The plaintiff alleges that whatever right or interest was acquired or held by said defendants in said shares was so acquired and held in trust for the plaintiff.

The plaintiff, therefore, prays -

First. That an account may be taken of the amount of the moneys received by said defendants, or either of them, on account of dividends declared and paid on said four shares, together with interest thereon from the dates of said payments respectively, and also of the amount of the claims held by D against the firm of H W & Co., and of any advances made by him on account of said shares, and the balance remaining to be paid to the plaintiff.

Second. That the defendants be ordered to transfer and convey to plaintiff all interest which they, or either of them, may have in said shares, and that they be enjoined from collecting or receiving any further moneys or dividends, now or hereafter in the hands of said corporation, payable on said four shares, and for such other relief as equity may require.1

1 The above is the substance of the petition in the case of Williams v. Lowe, 4 Neb. 382.

VENDOR AND PURCHASER.

No. 452.

VENDOR'S LIEN. VENDOR V. VENDEE.1

First. The plaintiff complains of the defendant for that on the day of the plaintiff was the owner in fee of the following described real estate, viz.: [describe premises], and on said day sold and conveyed the same by deed to the defendant.

Second. The defendant agreed to pay the plaintiff the sum of $———— for said premises, of which sum he paid the plaintiff, at the time of the delivery of the deed, $, and gave the plaintiff a promissory note for the residue thereof, due and payable on the

Third. At the time said note became due the plaintiff requested payment of the same from the defendant, which was refused.

Fourth. No part thereof has been paid, and there is due from the defendant to the plaintiff thereon the sum of $

The plaintiff, therefore, prays judgment against the defendant for the sum of $, with interest thereon from the day of - and costs of suit, and, in case

said defendant fails to pay said judgment by a day to be named by the court, that said premises may be sold, and so much of the proceeds as are required may be applied to the payment of said judgment.

No. 453.

[describe portion conveyed] to one G H for the sum of $- but the plaintiff avers

that the said G H had full knowledge, at the time of making said purchase, that said [purchaser] was still indebted to the plaintiff in the sum of $ for the purchase price of said premises.

[Continue as in 452.]

No. 454.

AGAINST JUDGMENT CREDITORS OF PURCHASER.

day, of, one

recovered a judgment against [the

county, for the sum of $.

First, Second and Third. [As in No. 452.] Fourth. On the purchaser or his grantee] in the district court of which judgment is an apparent lien upon said land, but the plaintiff alleges that said lien is subject to the lien of plaintiff therein, and can only attach to the actual interest of said [the purchaser] in said land. That said [purchaser] is wholly insolvent and unable to pay the amount of plaintiff's demand.

[Continue as in No 452.]

Add to the prayer that the lien of the judgment may be declared subject to the plaintiff's lien.

VOTER'S PETITION FOR DAMAGES.

No. 455.

AGAINST JUDGES OF AN ELECTION FOR THE REJECTION OF PLAINTIFF'S VOTE.

precinct, in

First. The plaintiff complains of the defendant for that at the general election held in county, on the day of November, for the purpose of electing ——, said defendants were the judges of election, and opened the polls of said election in said precinct at the time and place required by law.

Second. The plaintiff, on the day aforesaid, was a citizen of the United States, and of this state, and a resident and legal voter at said election in said precinct. Third. The plaintiff, on the day aforesaid, and while said polls were still open for the reception of votes, offered his vote for the election of being offices to be filled at said election, to said defendants as such judges of election, but they refused to receive the same.

Fourth. By reason of which the plaintiff was prevented from voting at said election, and thereby was deprived of his said right, to his damage in the sum of $ [Add prayer.]

Second. No part thereof has been paid, and there is now due thereon from the defendants to the plaintiff the sum of $

with interest from the

day of

[Add prayer.]