To the Honorable John Lansing Junr Esqr Chancellor of the State of New York

Humbly Complaining

Shewith unto your Honor your Orator Benjamin Birsdall Junr of the Town of Livingston in the County of Columbia. That in or about the year Seventeen hundred and ninety Six one <illegible> Nicholas Drumm was possessed of a certain lot of Land Lying in the town of Livingston Known by Lot number two in some division of the mannor of Livingston in the county of columbia, that the said lot had been Leased by some of the Proprietors of the mannor of Livingston to some other person for a term which had expired as your Orator is informed and charges to be true. And your Orator further shews that he purchased from the said <illegible> Nicholas Drumm his Interest in the premises whatsoever it might be for which your Orator paid him two hundred and fifteen pounds and took the possession thereof. Your Orator further Shews to your Honor that he continued in possession of the said premises not adverse to such of the proprietors of the said Mannor as might be Entitled to the same until on or about the twelfth day of April in the year one thousand seven hundred and ninety eight when there was ^arose^ a dispute about the title of the premises and also a large tract of Land in in the Said manner of Livingston including the said premises and your Orator further shews to your honor that he is informed & charges to be true that by some former division of a part of the said manner of Livingston by Robert Livingston Late the proprietor there of such part was divided by divise or otherwise of what your Orator is ignorant among his children and by Such division the premises with the other large tracts of land as aforesaid became the property of Cambrige Livingston Late of the said mannor of Livingston died That the Said Cambrige Livingston before the said twelfth day of April one thousand seven hundred and ninety eight died but whether intestate or not is to your Orator unknown. Leaving a number of Children minors to wit Robart Swift Livingston, Thomas Ferguson Livingston John Swift Livingston, James Duane Livingston Maria Catherine Livingston, your Orator further Shews to your honor that at the time of making the agreement herein after mentioned with Henry Livingston of the Said town of Livingston, there existed a great Controversy between the tenants and Possessors of a part of the Said mannor of Livingston including the premises and some or all of the lands before mentioned, and the proprietors thereof, The adjustment & Settement of which was of Great concern and interest to the said proprietors Many of the said Tenants & Possessors aforesaid setting up a claim a title against the said propritors And your Orator further shews that the said Henry Livingston holding and owning a part of the said manner the title of which is the same as that of the said premises being derived from the same common sourse of title as your Orator is informed and charges to be true and for the purpose of Effecting a Settement between the Said proprietors and the said persons in possession and in particular the lands aforesaid belonging to the said Henry Livingston and the said Heirs of the said Cambrige Livingston decd, Entered into a treaty or agrement with your orator to mediate betwen the said possessors & the proprietors and effect a settlement of such disputes and thereby put an end to all litigation. Whereupon in consideration of the good offices and mediation of your Orator, in the premises for the benefit of the said heirs of the said Cambrige Livingston dicd, and for the Setling the said controversy and quitting the title to so much of the said lands in the said manner as belonged to the said heirs of the said Cambrige Livingston dcd, and which was claimed by any of the tenants thereof or about what ^which^ there was a dispute concerning the title as aforesaid. The said Henry Livingston entered into an agreement in writing with your Orator, which was signed and Sealed as will by your Orator &c the said Henry and which is now in your orators possession ready to be produced and as y this honorable court ^shall^ direct which is in the words following to wit An agreement between Henry Livingston of the town of Livingston of the one part and Benjamin Birdsall Junr of the same place of the other part. Whereas ^the said^ Henry Li[vin]gston ^is^ one of the Devisees, of his late father & is the owner of the Lot number three in the manor of Livingston on the East side of the poast Road and whereas the said Benjamin Bursall Junr is possessed of a certain farm ^of Land^ in Lot number two in the said East side of the Post road in the said manor. Belonging to the heirs of Robert Livingston Esqr decd, and whereas disputes disturbances & controversies have arrisen in the ^said^ manor, which it is the ardent wish of the parties to these presents to have accommodated and Settled but in as much as that the said heirs of the Said Robert C Livingston are minors, and as their guardians have no power to come into terms of accommodation the Said Henry Livingston hath enterd into this article on their behalf to the intrst, that the desired settlement of differences may not be obstructed, and from a ^full^ conviction that this settlement will be greatly promoted by the good offices and mediation of the Said Benjamin Birdsall Junr now therefore these presents witnesseth that the Said Henry Livingston in consideration of the premises doth hereby covenant and agree with the said Benjamin Birdsall Junr. That he the said Benjamin Birdsall Junr shall and may peacbly and quietly possess and enjoy the said farm of land in Lot number two on which he now lives as the same is now in fence for the space of fourteen years from the date hereof without being subject to any rent for the same And further that at the expiration of fourteen years if the heirs of Robert C Livingston and Benjamin Birdsall Junr cannot for the purchase of the place or for a Lease Then each party ^to^ chuse a man and if they cannot agree they to chuse a third who shall fix the terms for a deed or a Lease and the Said Benjamin Birdsall Junr covenants and agrees with the said Hen[r]y Livingston that he the said Benjamin Birdsall junr will not dispose of the said premises without first giving him the said Henry Livingston or his heirs the first offer of the same. In penalty whereof the parties to these presents bind themselves the one to the other in the sum of one thousand pounds In witness whereof the parties to th[ese pre]sents have interchangably set their hands & seals this twelfth day of April in the year of our Lord one thousand Seven hundred and ninety Eight.

Signed Sealed <acted>

And your Orator further shews ^that^ confiding and believing that the said heirs of the Said Cambrige Livingston when they should arrive to the age of twenty one years would ratify the said agreement in case your Orator should use his influence, good offices and mediation as aforesaid. And your Orator avers that he did use his influence and advise the said Tenants and possessors to settle the said differences and did spend much time money and was at great pains to promote by his good offices and mediations the said settlement. All which were known to the ^said^ heirs of the said Cambrige Livingston did as your Orator charges and hopes to prove. And your Orator further Shews to your honor that he is informed and Charges to be true ^that^ all the said heirs of the said Cambrige Livingston became of age about four years ago And your orator further shews that upon a Division of the Estate of the said Cambrge Livingston among the said heirs the said Lot No two became the property of the said Maria-Catherine who has intermarried with one John Cox Stephens that about four years past your orator (and ^before^ the said division as he believes) had a Conversation with the said John Cox Stephens of and considering the said agreement in which Conversation the said John Cox Stephens agreed with your Orator that he should confirm the said agreement so made as aforesaid between the said Henry Livingston and your orator in case the said premises on a division should fall to him And your orator further shews to your honor that your orator confiding and Relying upon the said agreement of the said John Cox Stephens as aforesaid continued in the Possession of the said Lot without any further agreement with him in co[nsi]der[a]tion of the said agreement so made between your orator and the said Henry Livingston untill on or about the year one thousand eight hundred and Ten when the said John Cox Stephens in a Conversation with your orator again assented to the confirmation and performance of the said agreement [. . .] aforesaid between your orator and the said Henry Livingston And your Orator [. . .] that inasmuch as the said John Cox Stephens has suffered your orator for three years and upwards to hold and Enjoy the said premises Quietly and peaceably under the said agreement and the assenting thereto as aforesaid amounts to a past performance and in Ratification and confirmation of the said agreement as made by your Orator and the said Robert Livingston. And your orator well hoped that the said John Cox Stephens and ^his^ said wife Maria Catherine would have suffered your orator to Enjoy the said premises untill they had complied with the Terms of the said ^agreement^ so made between the said Henry Livingston and your orator And your orator further shews that he hath frequently and in a Friendly manner applied to the said John Cox Stephens to comply with the Terms of the said agreement and your Orator ^has^ at all times, stood ready to comply with the Terms thereof.

But now so it is may Please your ^Honor^ that the said John Cox Stephens and Maria Catherine his wife Robert Swift Livingston Thomas Ferguson Livingston John Swift Livingston and James Duane Livingston and Divers other persons to your orator unknown (whose names when discovered your orator prays may ^be^ Inserted herein <&> with apt words to Charge them and Every of them, as defendants) to defraud your orator in the premises and to defeat your orator of the benefit of the said agreement so made as aforesaid they the said Robert S. Livingston Thomas Ferguson Livingston John Swift Livingston James Duane Livingston & John Cox Stephens and Maria Catherine his wife did in the Last January <vacation> of the supreme Court cause a writ of Ejectment to be served on your orator for the recovery of the said Lot No two in which the declaration contains several counts or <demises> one in the name of the said Last mentioned persons and others severally And your orators further [. . .] that he imployed Martin Van Beuren Esqr of the City of Hudson Attorney at L[. . .] the said action and that proceedings were had thereon untill about Ten— days past he received notice first from his said attorney that the said Cause was noticed for Trial at the Circuit court to be holden in the county of collumbia sometime in next week and your Orator further shews that immediately on receiving such notice your orator [re]paired to the city of Hudson [. . .] said attorney and consult in and about the defence of the said cause when y[our] O[ra]tor first was advised that his only relief was to be obtained in a event of Equity And your Orator further shews unto your honor that he did not know nor was he informed that a Writ of Injunction could not be obtained by the rules of the court within thirty days of the said court ^Circuit^ unless for special causes as he is now informed, but that if he had knowledge of such a rule he would have <apperd> to his consell in time and have made the application to this honorable Court in due Season And your Orator further Shews that the said John Cox Stevens his wife and others as aforesaid do persist in prosecuting the said suit contrary to Equity and good conscience

In tender consideration whereof and for as much as your Orator cannot have relief in the premises otherwise than by the aid and assistance of this honorable Court

To the end thereof and in order that the said Robert Swift Livingston & others aforesaid and their confederates when discovered may upon their several corporeal oaths true and perfect answer make to all and singular the premises herein before set forth as fully as if the same ^were^ was here again repeated and particularly interogated to be answered unto and more especially the Said Robert Swift Livingston and others aforesaid named according to the list of their respective knowledge and belief And the Said Robert Swift Livingston and others as aforesaid may be restrained from <proceeding> at Law against your Orator (who was alway ready and willing and doth hereby offer to execute everything in the said agreement contained on his part to be performed and that he may use ^have^ such other and further relief [on] the premises as the nature of the case may [. . .] and as shall be agreeable to Equity and good conscience

May it please your honor to grant unto your Orator a writ of injunction of the people of the State of New York Issuing out of and under the seal of this honorable court to restain the said Robert Swift Livingston Thomas Furguson Livingston John Swift Livingston James Duane Livingston John Cox Stevens and Maria Catherin[. . .] their Attornies counsellors and ag[. . .] proceeding at law against your Orat[or] touching the matters aforesaid and [. . .] writ of Subpeona of the said people to be directed to the said Robert Swift Livingston Thomas Furguson Livingston John Swift Livingston James Duane Livingston John Cox Stevens & Maria Catharine his wife and the rest of their confederates when discovered thereby commanding them at a certain day and under a certain pain thereiunto to be specified personally to be and appear before your horror in this honorable court and then to answer all and singular the premises aforesaid and to Stand to ^and^ perform and abide such order direction and decreee therein as to you honor shall seem meet and your Orator shall ever pray