Report of J. R., Esq., the referee (or sheriff) to sell, named in said judgment, filed in your office on the

showing a deficiency of

Dated the day of

To R. S., Esq.,

dollars.
18

T. R.,

day of

18

Clerk of the county of

Plaintiff's Attorney.

[Office and post-office address].

The report of J. R., the referee (or sheriff) appointed to sell the premises described in the judgment in the above entitled action, having been filed on the day of

18, by which it appears that the proceeds of said sale were insufficient to pay the amount directed to be paid in and by said judgment, and that there remains due from the defendants C. D. and J. H., to the plaintiff for such deficiency, the sum of dollars, with interest thereon from the day of

18, and the said report

of sale having been duly confirmed by an order of said court

entered on the day of

attorney for the plaintiff, it is

18 ; now, on motion of T. R.,

ADJUDGED, that the plaintiff recover from said defendants

C. D. and J. H., the said sum of

thereon from the day of

dollars, with interest 18 amounting in all, R. S.,

court and

on

Whereas, by a certain judgment made in the entered in the office of the clerk of the county of the day of 18, in a certain action, wherein E. F. is plaintiff and C. D., J. H. and others, are defendants, it was, among other things, ordered and adjudged, that the mortgaged premises described in said judgment should be sold by and under the direction of J. R., Esq., as referee (or sheriff); that the said referee (or sheriff) should, out of the proceeds of said sale, retain the costs and expenses of said sale and pay the costs and allowances of the plaintiff and the amount reported due to the

plaintiff for principal and interest, or so much thereof as the purchase money of the mortgaged premises would pay of the same; that if the moneys received from said sale should be insufficient to pay the amount so reported due to the plaintiff, with the interest and costs as aforesaid, then that the said referee (or sheriff) specify the amount of such deficiency in his report of sale; and that the defendants C. D. and J. H., should pay the same to the plaintiff.

And whereas, the said referee has duly filed his report of sale in the office of the clerk of the county of , from which it appears that the money received from said sale was insufficient to pay the amount so reported due to the plaintiff, with interest and costs as aforesaid, and that the amount of such deficiency is the sum of dollars, and interest thereon from the day 18, and the report of said referee has been duly

of

confirmed.

And whereas, said judgment for said deficiency, in favor of E. F., the said plaintiff, and against the said defendants C. D. and J. H., for the sum of dollars, and interest thereon from

the day of

18 was on the

and

docketed in the office of the clerk of the county of the said sum of dollars, and interest thereon from the day 18, is now actually due on said judgment.

of

YOU ARE, THEREFORE, required to satisfy the said judgment out of the personal property of said judgment debtors, or either of them, within your county; and if sufficient personal property can not be found, then out of the real property in your county belonging to said judgment debtors, or either of them, on the day of 18, when said judgment was so docketed in your county, or at any time thereafter, and to return this execution within sixty days after its receipt by you to the clerk of the county of where said judgment roll is filed as aforesaid. WITNESS, Hon. day of

this

, 18

one of the Justices of said court,

, (or the referee, in the action

and

, county of of the second part. court of , held at

on

J. R., the sheriff of the county of hereinafter mentioned), of the city of state of of the first part, and WHEREAS, at a term of the the day of 18 it was, among other things, ordered, adjudged and decreed, by the said court in a certain action then pending in said court between E. F. plaintiff, and [name all the defendants] defendants, that all and singular, the premises

described in a mortgage executed by C. D. and M. D., his wife, to E. F., and recorded in the county clerk's office in liber of mortgages, at page , and being the same premises mentioned in the complaint in said action, and described in said judgment, or such part thereof, as might be sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of said action, and which might be sold separately, without material injury to the parties interested, be sold at public auction, according to law and the course and practice of said court, by and under the direction of said sheriff, of said county, (or of said J. R.), who was appointed a referee in said action, and to whom it was referred by said judgment, among other things, to make such sale; that the said sale be made in the county where the said mortgaged premises, or the greater part thereof, are situated; that the said referee, (or sheriff), give due public notice of the time. and place of such sale, according to law and the course and practice of said court; that the plaintiff, or any of the parties to said action, might become a purchaser or purchasers, on such sale; and that the said referee execute to the purchaser or purchasers of said mortgaged premises, or of such part or parts thereof, as should be sold, a good and sufficient deed or deeds of conveyance for the same, and pay all taxes, assessments or water rates, which were liens upon the property sold.

18

And whereas, the said referee (or sheriff), in pursuance of the order and judgment of said court, did, on the day of sell at public auction, at [state the time and place of sale], the premises described in the said judgment, due notice of the time and place of such sale being first given, pursuant to the said judgment, at which sale, the premises hereinafter described were fairly struck off to the said party of the second part, for the sum of dollars, that being the highest sum bidden for the same. NOW THIS INDEnture WitnessETH, that the said referee, (or sheriff), the party of the first part to these presents, in order to carry into effect the sale so made by him as aforesaid, in pursuance of the order and judgment of said court, and in conformity to the statute in such case made and provided, and also in consideration of the premises, and of the said sum of money so bidden, as aforesaid, having been first duly paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained and sold, and by these presents doth grant, and convey unto the said party of the second part, all the right, title and interest which the said C. D. and M. D., his wife, the mortgagors aforesaid, had at the time of the execution or recording of said mortgage, it being their interest in said premises so sold and hereby conveyed, in and to [insert from the judgment the description of the parcel intended to be conveyed], to have and to hold, all and singular, the premises above mentioned and described, and hereby conveyed, unto the said party of the second part, his heirs and assigns forever.

In Witness Whereof, the said party of the first part, referee (or sheriff) as aforesaid, hath hereunto set his hand and seal the day and year first above written.

[Acknowledgment in the usual form].

No. 33.

J. R.,

Referee.

Affidavit on Application for Order of Possession. [Title of the action].

COUNTY OF

ure and sale was
county of
the city of

SS.:

day of

M. N., being duly sworn, says that this action was brought for the foreclosure of a mortgage on certain real estate situated in the said county of and state of ; that judgment of foreclosentered herein in the office of the clerk of the on the 18, J. R., Esq., of being therein duly appointed the referee to sell; that said judgment contained the usual provision that the purchaser be let into possession on the production of the referee's deed, to which said judgment, reference is hereby had as part hereof; that due notice of said sale was given by said referee, and that on the day of 18, the mortgaged premises described in said judgment were duly sold at public auction by said referee to this deponent for the sum of dollars, that

being the highest sum bidden for the same; that this deponent has duly paid the said purchase money, and that the said referee has also executed, acknowledged and delivered to deponent a deed of conveyance of said mortgaged premises; that the report of sale of said referee was duly filed in the office of the clerk of this court on the day of 18 to which reference is hereby had as a part hereof, and that said report has been duly confirmed; that on the day of 18, deponent went to the said mortgaged premises and found C. D., who is one of the defendants in this action, in possession thereof; that he then produced and showed to said C. D. the said deed of said referee and demanded to be let into possession by virtue thereof, but the said C. D. refused and still refuses to surrender the said premises, or any part thereof, and still forcibly holds possession thereof from deponent. [Jurat].

M. N.

[Title of the action].

On reading and filing the affidavit of M. N., the purchaser at the sale of the mortgaged premises in this action, verified

18 >

18

on the day of R., Esq., the referee appointed day of entered herein on the

18 and on

day

and on all of the papers and proceedings herein, including the judgment of foreclosure and sale, entered herein in the office of the clerk of the county of and on the report of the sale by J. to sell, filed in said office, on the the order confirming said report of said M. N., which said deed bears date the 18 and on the notice of this motion, with due proof of the service thereof on the defendant, C. D., who is now in possession of the said premises; and after hearing X. Y., Esq., attorney for the said M. N., the purchaser, and J. Z., Esq., attorney for the said C. D., in possession thereof, it is

18, and on the deed from the said referee to

day of

ORDERED, that the sheriff of the county of be, and he is hereby required, forthwith to put the said M. N. into possession of the said premises, and that this order be executed as if it were an execution for the delivery of the possession of said premises. The said premises are described as follows: [Insert description].

No. 35.

Affidavit on Which to Apply for a Receiver of Rents. [Title of the action].

E. F., being duly sworn, says that he is the plaintiff in this action; that this action is brought to foreclose a mortgage given to secure the payment of the sum of dollars, and interest thereon, 18 on the following described

from the day of
premises: [Insert description].

That said mortgage is a second mortgage, and is inferior as a lien to a mortgage for dollars upon the same premises,

held by

est from the

, upon which there is now unpaid and owing inter

day of

That there are unpaid taxes and assessments on said premises, amounting at this date, to the sum of

dollars, as nearly as

can be ascertained by deponent, being as follows: the general tax for the year 18 thereon, and an assessment for and interest thereon.

for dollars, and interest dollars, for paving

street,

That the whole amount of the incumbrances on said property, including the plaintiff's claim, and the said prior mortgage, and the costs and expenses of this action, and of a sale, will amount at least to the sum of dollars.

That the said mortgaged premises are an inadequate and insufficient security for the plaintiff's demand, and that they are not worth more than the sum of dollars, as deponent verily believes; that the grounds of deponent's belief are [State fully the reasons for fixing the value of the property at the sum named].