Letter, Charles B. Penrose to Justin Butterfield, 11 January 1843
[Charles B. Penrose], Letter, , to , , Cook Co., IL, 11 Jan. 1843; unidentified handwriting; two pages; Case Files and Other Records Relating to Suits, 1791–1929, Records of the Solicitor of the Treasury, Record Group 206, National Archives and Records Administration, Washington DC.
Jany. 11. 1843.
I have recd. your letter of the 17 ulto. inclosing <a copy> one from “the High Council of the ,” in which they propose to secure the payment of the Judgment of the ag[ains]t. Jos. Smith & others for $5212.49½, by giving
“a bond signed by individuals sufficiently good and responsible for the amount of said Judgment and interest, payable in four equal annual instalments, with interest annually, on the whole sum, and to secure the payment of the bond by a Mortgage on real estate, situated in the state of , to which their shall be a perfect title & worth double the amount of the said debt”—
In your letter you state, that if this letter proposition is acceded to, it will be unnecessary for you to further oppose his obtaining a discharge under the bankrupt act; and under express the opinion that under the Circumstances it will be best to accept the proposition.
In reply I have to state, that from the facts Communicated in your previous letters I am satisfied that it will be in your power successfully to defeat his application for a discharge under the Bankrupt act, and by proceedings in Chancery <to> set aside the fraudulent Conveyances he has made <of his estate property to secure the payment of his debts.> and subject his properties to Execution— It is true that this would require some time, and expense,— to avoid which I should be willing to grant a reasonable delay, provided the debt were placed on a <proper> footing that seemed of security, and I could rely upon the punctual Compliance of the parties with their engagements— but I am obliged to say that the proceedings of the parties have been such as to destroy <from facts which have come to my knowledge I have> confidence in all their promises <only> so far as the law will [p. ]