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Trustees of Schools of Township Seventeen North of Range Thirteen West. vs } In Chancery Samuel Donovan and Norman D. Palmer School Commission of Vermilion County Illinois

In Lincoln & Lamon solicitors for Samuel Donovan and to Norman D. Palmer School Commissioners... Gent. You are hereby notified that on Friday the 14th day of this month (October) between the legal hours of said day, and to continue from day to day until all are taken, we shall proceed before Guy Merrill Master in Chancery in and for Vermilion county Illinois, at his office in Danville County aforesaid to take the depositions for William Respondents William Hutt, Samuel Sconce, James Adams snr and William J. Allen and others if necessary, to be read in evidence on behalf of said plaintiffs on the trial of the above entitled cause now pending in the Vermilion County Circuit Court on the chancery side thereof. When and where you can attend of you see proper Trustees of Schools of Tiy NR 13 West by Drake & Davis then sol 3 Oct 1853.

Oct 3. 1853. We acknowledge service of the notice by copy this day Lincoln & Lamon N. D. Palmer School Commissioner

Guy Merrill will please issue for said attempts Davis

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Depositions of William Hutt, William Ross, Samuel Sconce and William J. Allen, taken on the 14th day of October A.D. 1853 between the hours of 10 o clk A.M. and 6 A.M. of said day, at the office of G. Merrill ma? in Chancery in Danville, county of Vermilion State of Illinois pursuant to the enclosed notice to be read in in a cause pending in the circuit court of said county in which the Justices of Schools of Township Seventeen North of Range thirteen west our plaintiffs and Samuel Donovan and Norman D. Palmer School Commissioner of Vermilion county, Illinois are defendants

The said William Hutt being duly sworn dooth above as follows:

1 Quest. Are you acquainted with the parties this said—?

Ans— I am —

Quest 2. Do you know who purchased lots Nos 1, 2,3 & 4 — of Sec. 16.in T. 17 N. R 13 W?

Ans. Mr. Donovan told me he had purchased the north half of said sec. sixteen

Quest 3. When was said purchase made by said Samuel Donovan?

Ans. He told me in January of February last that he had purchased said lands. I do not know how long before that time he had made the purchase.

Quest 4. Have you had, at any time, before or since said purchase, any conversation with said Donovan about the purchase of said lands? if so, state said conversation

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Ans. At some time before the purchase, in November or December last, Donovan asked me what said school section was appraised at, and I told him I thought it was four, and four and a half per acre.

Quest 5. How long has said Donovan been living in said Township 17 N.. R. 13 West?

Ans. I think some three or four years, off and on.

Quest 1. By Deft. Counsel— Do you. from your own knowledge know that the land in dispute is the same land that you told Donovan could be had at four dollars and four & one half per acre?

Ans. It is my understanding that it is the said land. I do not know it, by the numbers of the lost, but was described as the north half of said Section 16.

Quest 2. Did you, of your own knowledge, know that said lands were appraised at $ 4. and $ 4.50 per acre?

Ans. I did not know it from my own knowledge, but understand it so, and believed it was so, from what I had heard, I do not know that I heard either of the appraised state the price

Quest 3. Do you know that Mr. Donovan has made improvements on said lands and if so, what are said improvements worth?

Ans. I have seen a log house and some fencing in the land, but cannot state the value or extent of the improvements.

Quest 4. Do you know that said land was appraised, from 50 & 75 cents per acre, to $ 4.00 and $ 4.50 per acre?

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Ans. I only know it by general report in the neighborhood

Quest 5. Did you ever hear the appraisers, or either of them, previous to the comments of this suit, state that said lands had been so appraised—?

Ans. I do not recollect that I ever did.

William Hutt The said William Ross being duly sworn doth depose as follows;

Quest 1. Are you acquainted with the pati? to this suit?

Ans. Yes —

Quest 2. — Do you know who purchased Lots nos 1, 2, 3, & 4 of Sec 16, T. 17 N. R 13. W.

Ans. Yes. Samuel Donovan purchased them

Quest 3. About what time did he purchase them.

Ans. Some time in December last I think.

Quest 4. Had you, at any time, about the time that said Donovan made said purchase, a conversation with said Donovan about said lands, if so pray state it

Ans. I had, directly after he made the purchase, he told me he had bought the land, and took out the certificate and showed it to me. After I had the certificate I asked him how he came to get the land 0005 the way he did, he said he did not know how he got it, but he got it, he said he went with the calculation to give four dollars and fifty cents per acre for the land but when he found he could get it at the first valuation, he kept the tract lot, and did not sleep much till he got it. I asked what was the cause he came to get it that way, he said Murphy could find no other appraisement but the first one, and that that was the reason he got the land at the first appraisal. Donovan then asked me if I thought he could hold the land, I told him that from the look of the certificate he could, — that I would give him a horse that I sold for one hundred dollars for his bargain, he offered to take twelve hundred dollars for his bargain

Quest 5. How long was it after said Donovan had purchased said lands when said conversation took place between you?

Ans. I think it was in a day or two after h made the purchase — it was the first time I saw him after the purchase

Quest 6. From whom did he, Donovan purchase said lands

Ans. I understood him it was from Mr. Murphy, the School Commissioner.

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Quest 7. Did you understand said conversation how many times said— Donovan had been to Danville to purchase said lands?

Ans. He told me he had been twice

Quest 8. Had you any conversation with said Donovan, a short time after said first conversation about said land —

Ans. I had a conversation with him before this suit was commanded, when he appeared to be uneasy about the title, he said he did not know whether to go on and improve, or not, till he got his title fixed that he thought the last appraisers were uneasy because they thought they the appraisers, might be liable for the difference between the first and second appraisements.

Quest 1. By Defts. Connell — Had there not been consider table talk in the neighborhood between the time of your first conversation in regard to the purchase of this land, and the time of his Donovan purchase of the land?

Ans. I do not recollect of any.

Quest 2. Did you not understand in the said last conversation that he, Donovan, was uneasy and planned to go on and make improvements on said lands, before he got his title to the land, from the fact that the last appraisers were uneasy and 0007 feared that the difference in the appraisements would come off of them.

Ans. I understood him to say that he was not uneasy on amount of the appraisals, but on his own amount that he feared his title might not be good on account of the reappraisement of the land

Quest 3. Do you know the extent and value of the improvements made by him, Donovan on said land

Ans. I do not. I have seen a house and stable on the land, a huon log house 16 feet square. I cannot tell when the improvements were made, but think it was early in the Spring of this year, Donovan told me that Murphy told him to go on and make his improvement on the land, that he should have his deed when the time came — this was after the second conversation before mentioned, but before this said was commenced William Hoff

The said Samuel Sconce being duly sworn doth depose as follows

Quest 1. Are you acquainted with the parties to this suit?

Ans. Yes.

Quest 2. Do you know who purchased lots Nos. 1, 2, 3 & 4 in Sec. 16 T. 17. N R 13 W.?

Ans. Samuel Donovan

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Quest 3. When did said Donovan purchase said lands?

Ans. Some time last Winter.

Quest 4. Had you any conversation with said Donovan about said land about the time he purchased the land if so, please state it!]

Ans. The morning he, Donovan, came to me to sign his note as security for said land, he told me had had bought the land, he told me he had bought it at the first valuation. I told him I did not think he could do so. I told him the land had been and that the last valuation was $ 4.50 per acres. He told me he had bought it and showed me the notes for the land and I signed them as security.

Quest 5. What did he do with the notes that you then signed as security?

Ans. I suppose he brought them to the school commission, they were made payable to him.

Quest 6. Was said purchase completed when he brought said notes to you to sign as security, or had he, said Donovan, to return said notes to said School Commission, signed by you before he could complete land purchase?

Ans. I presume that when he returned the notes, the purchase would be completed

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Quest 1. By Defts Counsel Did he not say in that conversation that he had made a payment on said land

Ans. I think he told me he had paid to the commission some money on the purchase, and not certain how much, but think it was ten dollars, either as interest in advance or as part payment on the land, am not certain which

Quest 2. Did he, when he brought the notes for you to sign, say he purchased the land at the final appraisement or did he say he bought it for 50 and 75 cents per acre

Ans. I think he said he had bought at the first appraisement, but am not certain whether he said at the first appraisement or at 50 & 75 cents per page Saml' Sconce The said Wm J Allen being duly sworn deposes as follows

Quest 1. By complt. are you acquainted with the parties to this suit.

Ans. Yes, except M. Donovan

Quest 2. Who was School Commissioner of this, Vermilion County in the year 1849 and 1850

Ans. I think it I was elected School Commissioner the fall of 1849 and served till the fall of 1851.

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Quest. 3. Did any person, while you were School Commissioner to you to purchase the unsold lands in ter 16. T 17. N. of R 13 W.?

Ans. Charles Twiford applied to me to know if there was any vacant land in said section, and if it could be bought by any one who might apply for it. I think that he, Twiford, at the time, named two individuals who wished to purchase a part of said lands, naming them but I do not recollect who he named or referenced to the Books in my office I told him, Twiford, that I thought the lands were appraised altogether too low and that they should be appraised before sold. I then wrote to the trustees, or Samuel Black one of the trustees of said township as I supposed, informing him that the land was unsold, and that I thought the appraised value was entirely too low, and requested them to make a new appraisement if they thought

Quest 4. Was said old valuation vacated or annulled, and a new valuation made by said trustees?

Ans. They did assess their old valuation and sent me a certificate of a new valuation, according to my recollection

Quest 5. Is the certificate now showed to you, and attached to the Bill 0011 in this cause, the one which was sent to you by said trustees

Ans. I believe it is.

Quest 6. What did you do with said certificate?

Ans. I marked it filed, as appears by it now, on the 7th day of February 1857 and plaudition the book when it should have been recorded but owing to ill health defend recording it for a few days and being out of town, did not think of it when it the office and had time to attend to it.

Quest 7. Were said tracts of land, valued by said trustees, offered by you at any time afterwards, at public or private sale?

Ans. They were offered by me at public sale, at the door of the court house in Danville on the 4th day of June 1851 — I posted up six notices of the time and place of sale in six public places in the county and had it published in the Illinois Citizens, the said lands as offered by me for sale are described as follows, to wit. The North half of section 16, T 17. N. R 13 West, to wit: Lost No 1,2,3 & 4.

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Quest. 1 By Defts Connell Do you know, of your own knowledge, that said valuation was vacated as annulled, and a new appraisement made of said land, and if so, do you know of your own knowledge that the order of dis a? and reappraisement according the plaintiffs Bill marked A. was made by the trustees of said township?

Ans. I do, from the said certificate of disannulment and revaluation as recorded from said trustees, I did not see them write it, but I believed it to be this act and I proceeded to act on it as such

Quest. 2 How did you receive said certificate of reappraisment

Ans. I do not remember W. J. Allen

State of Illinois Vermilion County SS, JG Merrill elected in chancery in, and for said county, do hereby certify that, the above named William Hutt, William Ross, Samuel Sconce and William J Allen, were by me severally sworn to testify the truth the whole truth 0013 and nothing but the truth as witnessed in the above named cause, and that the foregoing Depositions by them severally subscribed, were to writing by me, and taken at the time and place in the enclosed notice specified, counsel for both parities being present. Given under my hand and seal this 14th day of October 1853 Merrill [seal sign] elector in chancery

Marte? fees for taking Depositions $ 5.00 Curt decrees fees on subpoena 5.05