John Collins, Junr., one of the plaintiffs in this action, being duly sworn, says, that Maria L. Collins, his wife, is the owner of the following personal property, claimed in this action, that is to say: one gray short-tailed horse; that the said property is wrongfully detained from the plaintiffs by Arthur T. Jones, Cleaver & Mason, the defendants herein. That the alleged cause of the detention thereof, according to this deponent's best knowledge, information and belief, is as follows: that he, the said Jones, claims that he purchased the said horse from some person in West Chester County: that the said property has not been taken for a tax, assessment or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiffs, and that the actual value of said property, according to the best knowledge and belief of this deponent, is the sum of three hundred dollars. JOHN COLLINS, Junr. Sworn before me, Jan. 15th, 1855. (ENDORSEMENT ON THE ABOVE.) against To the Sheriff of the City and County of New- You are hereby required to take from the de- Dated Jan. 15th, 1855. BEEBE & DONOHUE, I hereby certify that this copy is a true and correct copy of the original document. NEW-YORK, 24th Nov., 1855. WALTER MARTINEAU. SUPERIOR COURT, CITY AND COUNTY OF NEW-YORK. JOHN COLLINS, Jr., and MARIA L., his Wife, against ARTHUR T. JONES, CLEAVER & MASON. Undertaking of Plaintiffs' sureties on claim and delivery of personal property. Whereas, the plaintiffs in this action have made an affidavit that the defendants therein wrongfully detain certain personal property, in the said affidavit mentioned, of the value of three hundred dollars, and the plaintiffs claim the immediate delivery of such property as provided for in the second chapter of the seventh title of the second part of the Code of Procedure; now, therefore, and in consideration of the taking of the said property, or any part thereof, by the Sheriff of the City and County of New-York, by virtue of the said affidavit and of the requisition thereupon endorsed, we, the undersigned, Charles E. Birdsall, of the city of New-York, Counsellor at Law, and Michael Murphy, of the city of Brooklyn, do hereby undertake and become bound to the defendants in the sum of six hundred dollars, for the prosecution of the action of the plaintiffs in the Superior Court, against the defendants, for wrongfully detaining the said property, for the return to the defendants of the said property, or so much thereof, as shall be taken by virtue of the said affidavit and requisition thereupon endorsed, if a return thereof shall be adjudged; and for the payment to him of such sum as may for any cause be recovered against the plaintiffs in this action. Dated Jan. 15, 1855. CHARLES E. BIRDSALL, CITY AND COUNTY OF NEW-YORK:-On this fifteenth day of January, 1855, before me appeared Charles E. Birdsall and Michael Murphy, to me known to be the same persons described in, and who executed the within undertaking, and severally acknowledged to me that they executed the same. ROBT. W. ANDREWS, Com. of Deeds. I certify that this is a true and correct copy of the original docWALTER MARTINEAU. ument. NEW-YORK, 24th Nov., 1855. The horse was immediately given into the possession of Carlin by Mr. Cleaver, Carlin telling Mr. Cleaver that he was a Deputy Sheriff, and handing him his printed card. Here is a copy of the original : THOMAS CARLIN, DEPUTY SHERIFF. OFFICE CITY HALL. RESIDENCE NO. 65 GRAND STREET. CHATTEL MORTGAGES FORECLOSED. Mr. Cleaver asked Carlin "where he was going to take the horse?" Carlin did not tell him, but replied, "I am responsible for him for three days." Carlin then directed a man whom he had with him to ride him away; who did so. I will now show, by the following affidavits, in whom the ownership of the horse really was: AFFIDAVIT OF CAPT. CURTIS PECK. STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } SS. Curtis Peck, being duly sworn, says, that on the first day of July, 1854, he made a trade with John Collins, Jr., for a pair of Bay Mares, Double Harness, Wagon, Blankets, Harness Closet, &c., for four hundred dollars and deponent's old gray horse, with the understanding that the said four hundred dollars should be placed to the credit of said Collins, on the books of the Neptune House, New Rochelle, on account of board; and that the said four hundred dollars was so placed to his credit. That the said gray horse is the same that has since been purchased by A. T. Jones, of Charles Shute, as deponent has been informed. Deponent further says: that said Collins never made any pretence to him, that the said Mares, Double Harness, Wagon, Blankets, Harness Closet, &c., were the property of any other person than the said Collins; or that the gray horse belonged to any one but the said Collins, until within about three weeks previous to this time, as near as deponent can recollect the time; and before that time said John Collins, Jr., always represented said horse to deponent to be his own property. Sworn before me, January 29, 1855. M. W. DIVINE, Com. of Deeds. CURTIS PECK. AFFIDAVIT OF CHARLES SHUTE. STATE OF NEW-York, } SS. CITY AND COUNTY OF NEW-YORK, } Charles Shute, being duly sworn, says, that during the month of October or November, 1854, John Collins, son of E. K. Collins, of New Rochelle, West Chester Co., deposited with deponent, at New Rochelle aforesaid, a white horse, (which horse is now the property of A. T. Jones, and is in the stable of Cleaver & Mason, in Mercer-street, in New-York city,) to be sold by the deponent for |