Revolutionary War Pension and Bounty Land Warrant Application File S. 36840, Charles Walter, Conn.

SERVICE
NUMBER
Conn.
Walter, Charles.
8. 36840
CONTENTS

08. 7,006 Connecticut
Charles Walter
of Litchfield in the State of Connecticut who was a Private in the company commanded by Captain Williams of the Regiment commanded by Colonel Webb in the Connecticut line, for the term of two years & 10 mos from the year 1780 to the year 1783.
Inscribed on the Roll of Connecticut at the rate of eight Dollars per month, to commence on the 27 day of April 1818 and
Certificate of Pension issued the 5 of March 1819. and sent to Augusta Patten one Norfolk Connecticut
Restored to the Roll on 31 st day of January 1829. and notification sent to Hon. D. D. Dyer at H. of Refgs Pension commencing on the 27 of January 1829.
Amount due on 4th of } $ 10 32 March 1829 }
{ Revolutionary Claim, Acts March 18, 1818, May 1, 1820.
81 March 1829

Charles Walter (Private)
Webb's Connec. Regt.
1700 - 2 years 10 mos.
27 th April 1810.
Adm d .
The certificate of the Judge, as to required circumstances of Appli- cant, is wanting.
Pension Office
20 th July 1819.

State of Connecticut Litchfield County ss April 27 th day AD 1818 - Before me Augustus Pettibone Chief Judge of the County Court for said Litchfield County Personally appeared Charles Walter of Newfane in the said County and State aforesaid aged Sixty years - who being by me first duly sworn according to law - doth on his Oath make the following Declarations in order to obtain the provision made by the late Act of Congress entitled an act to provide for certain persons engaged in the land and Naval Service of the United States in the revolutionary war - That he the said Charles Walter in the years 1775 and 1776 he served in three different Regiments (viz) Col o Harners - Col o Charles Burrills - Col o Col o and Joseph De o Cooks - And on the 12 th day of February 1777 he enlisted for three years in the Company of Capt o Salomon Strong and Col o Phillips B: Bradleys Regiment in the Connecticut line - he served his time out and was Honorably Discharged - And that he on first day of December 1780 again enlisted for the term of three years in the Company commanded by Capt o Samuel W. Williams and Col o Samuel B: Webb's Regiment in the Connecticut line and until after the 20 th day of October 1783 served the full term of his enlistment and was Honorably Discharged at New Milford - where enlisted During the war - he was once Discharged he was in Capt o Hopkins's Company and the same Regiment - after that he was transferred into the Regiment commanded by Col o Henson's Swift his Capt o not remembered where he was promoted to a Sergeant and served until after said 20 th of October 1783 - He says he and Declaras that his Discharges are lost and not to be

and not to be obtained - He was in a difficult situation He further Declares and says that he is in reduced circumstances and in need of assistance from his country for support
Sworn to and declared before me the day and year aforesaid
Augustus Pettibone Chief Judge
I Augustus Pettibone Chief Judge of the County Court for said Litchfield County do certify that It appears to my satisfaction that the said Charles Walter did serve in the revolutionary war as stated in the preceding Declaration against the common Enemy - and I now transmit the proceedings and testimony taken and had before me to the Secretary for the war Department of war pursuant to the provisions of the aforementioned act of Congress Dated this 27 th April A D 1818
Augustus Pettibone Chief Judge
I Frederick Wolcott, Clerk of the County Court within the County of Litchfield in the State of Connecticut certify that Augustus Pettibone Esq. is Judge of said Court - that the above signature is his hand writing & that the Seal hereto annexed is the Seal of said Court. - May 25 th 1818.
Frederick Wolcott Clerk

State of Connecticut Litchfield County ss February 6 th day 1819 I Augustus Pettibone Judge of Litchfield County Court do certify that from the Evidence had before me I am fully Satisfied that Charles Wather the aforesaid Applicant is in reduced circumstances and stands in need of the assistance of his Country for Support etc
Augustus Pettibone Judge

Sworn to and declared on the 4 th day of July A. D. 1820 before said Court
Frederick Wolcott, Clerk
Charles Hatten John H. Hatten Sept 1820
I, Frederick Wolcott, Clerk of the County Court, in the county of Litchfield, and State of Connecticut, do hereby certify that the foregoing Oaths and the schedule thereto annexed, are truly copied from the record of the court ; and I do further certify that it is the opinion of the said court, that the total amount in value of property exhibited in the aforesaid schedule, is Six hundred twenty eight dollars and 70 cents.
In testimony whereof I have hereto set my hand, and affixed the seal of the said court, on this 17 th day of July 1820
Clerk of the County Court for the County of Litchfield.
Frederick Wolcott, Clerk

District of Connecticut ss. County of Litchfield, County Court.
On this 10 th day of July 1820 personally appeared in open Court, being a court of RECORD for said county in said district, having the power to fine and imprison, Charles Waldo
aged 62 years resident in _____ said county, who being
first duly sworn according to law, doth on his oath declare that he served in the Revolutionary War, as follows:
That in the years 1775 and 1776 I served in three different Regiments twelve months. That on the 12 th day of February 1777 I again enlisted for three years in Capt. Solomon Strong's Company and Col. Philip B. Bradley's Regt. in the Connecticut line & I served the time of my enlistment out, and was honorably discharged. And again on the first day of December 1780 I enlisted for three years more in Capt. Samuel W. Williams company & Col. Samuel B. Webb's Regiment which belonged to the Connecticut line and served until after the 20 th of October 1783 when again I was honorably discharged, for which service I have heretofore made my formal declaration on the 27 th day of April 1818 and obtained a pension certificate number seven thousand, six-
And I do solemnly Swear that I was a resident citizen of the United States on the 18th day of March one thousand eight hundred and eighteen; and that I have not since that time, by gift, sale, or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provision of an act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War," passed on the 18th day of March, one thousand eight hundred and eighteen; and that I have not nor has any person in trust for me any property, or securities, contracts or debts due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed.

Schedule
  264 acres of land & house & barn $ 500. 00   Woke Stagg 55-00   3 Cows 42 1/2 00   Farming utensils 10-00   household furniture 12-00   Hog 2-70   10 Sheep & Lambs 7-00   $ 628.70 
I the
Charles Walter
$ 628.70
I the said Charles Walter further say I am more a soldier by profession than any other for it will be seen by my declaration that I served seven years in the Revolutionary war - I have attempted to cultivate my land which is very rough, stony, & hilly & cannot get but small profits from it - I have not any wife therefore my expenses in hiring a housekeeper or if I hire the work done out of my house will be very expensive so that all the produce I can get from my rough land will not meet the expenses - I have one son with a family of grandchildren for many years past have been considerable support from my son as my said son supports himself and family from his own labor & exertions, and by law I am liable to assist in their support - Therefore to hire the necessary help to support myself & what I have to do for the support of my son & his family my property which little I have will soon be gone if my pension should be discontinued & I shall be reduced to absolute poverty - for my expenses have been such for years past I have been obliged to expend on my property so that it is diminished one half notwithstanding I have used all the economy I was capable of & have been in distress
Charles Walter

Norfolk July 4 th day 1820
I do certify that I have for many years past been well acquainted with Mr. Charles Walker & with his son who have - he has lived in my family considerable time for several years past - & think he has seven children the oldest under seventeen years, & from the knowledge I have had have intimated that Charles Walker the applicant has done yearly considerably towards the support for his son & family.
Augustus Pitt Rivers Judge County Court Pittsylvania County

36 840
Rev INVALID.
File No. 36 840
Charles Walter
Pri Rev War
Act: March 18 th 1818 th
Index:—Vol. 2 , Page 340
[Arrangement of 1870.]

7006
Connecticut
Charles Walter
of Litchfield County in the state of Connecticut who was a private in the regiment commanded by Colonel Webb of the Connecticut line, for the term of two years & ten months
scribed on the Roll of Connecticut at the rate of 8 Dollars per month, to commence on the 27 th of April 1818
ertificate of Pension issued the 5 th of Mar. 1819 and sent to Augustus Pettibone Esq. Bridge. Norfolks. Connecticut
trears to 4th of Mar. 1819 - $82. 13 emi-anl. all'ce ending 1 st Sept. 1819 $48
$130.13
{ Revolutionary claim, } { Act 18th March, 1818. }
Not Entitled Litchfield County
Respecting ap n to be restored, see letter May 8. 1828 to Hon. O. Merwin H.R.
Robertson Clerk Boston 9. 1828 Nicholas M c Kim Philadelphia

to the Hon. the G. I. V. N. under my Hand, in the Garrison of West-Point. Day of this
Walter, Charles Conn. 536840

HEMAN SWIFT, Esq; COLONEL of the Connecticut Regiment, in the Service of the United States.
To Charles Waller
BY VIRTUE of the AUTHORITY vested in Me, by the United States in Congress assembled, I DO by these Presents CONSTITUTE and APPOINT You to be a Sergeant in the Regiment under my Command, to take Rank as such from the 8th Day of June 1783 . You are to observe and follow such Orders and Directions, as you shall from Time to Time receive from me, or other your superior Officers; and diligently to execute the Duties of a Sergeant to which this shall be your sufficient Warrant.
GIVEN under my HAND, in the Garrison of West-Point,
this 15th Day of August, A. Domini 1783.
Heman Swift
REGISTERED in the Books of the Regiment,
Lib. Loomis Adj.

I Joseph Battell, of North Litchfield Co & State of Connecticut. do hereby depose & say That Mr Charles Walter of this Town was honestly & fairly indebted to me the sum of four hundred & one dollars & Eight cents at the date of his Deed to me of 4 March 1825. - for Moneys at my store but principally for Money paid to him. He He stated to me that he was in debt, & I know the fact that considerable portion of it was applied to the discharge of his debts - In pursuance of the agreement at the time of the Deed I gave him a writing that if he paid me the aforesaid sum of four hundred & one dollars & Eight cents the 1 st day of May 1827 I would reconvey the land, I waited several months after the Money became due & seeing no prospect of payment I brought a Petition to the Superior Court to foreclose his equity of Redemption - which was granted at the February term of said Court at Litchfield 1828 decree for the pay of four hundred & twenty one dollars & thirteen cents debt & Eighteen dollars & 98 cts Costs with int. from the 28 th Feby 1828 - to be paid by the 1 st of April following The said Walter has wholly neglected to pay this debt. & the title in the property is now absolute in me, without any condition or reservation I do further depose & say that I know of no other

property which Mr Walter has, in possession or reservation than the note mentioned in his application for a pension As I have full confidence in his statement I believe he has no other
I further depose & say that Mr Walter has ever supported a good Character in this place & that his integrity has never been questioned.
In witness whereof I subscribe my name in Meriden this 13 th day of Oct 1828
Joseph Battell
State of Connecticut S. Stafford County ss October 13 th A D 1828 - Personally appeared Joseph Battell Esq r the above deponent who is well known to me to be a man of truth and veracity and full credit ought to be given him who made solemn Oath to the truth of the facts in his aforesaid Affidavit by him subscribed Sworn before me
Augustus W. Wetmore Chief Judge S. Stafford County Court

Washington 27 Jan. 1829.
I certify that Augustus Pettibone is Chief Judge of the Court of Litch- field County, Conn. and that the foregoing signature is genuine.
Orange Merrill M. C.

State of Connecticut ss County of Litchfield. Office of the Clerk of the County Court,
This may certify that Augustus Pettibone Erquie is a justice of the Peace for said county of Litchfield duly commissioned and qualified and authorized by the laws of this State to administer oaths & that full faith & credit are everywhere due to his acts as such justice
In testimony whereof I have hereunto set my name and the seal of said Court this 7 th day of January Anno Domini 1829.
Origen Storrs Seymour Assistant Clerk.

I Michael F. Mills of Norfolk in Setitute County and State of Connecticut of lawful age do hereby certify that some time in the latter part of the Winter of 1828 Mr Charles Walter of this Town applied to me me to purchase some of his property said he had no family and wished to have the interest for the property - I bought of him a Cow at $20.00 ten Sheep at $10 50 and his farming Tools at $15 70 and his house hold furniture at $22. The property was appraised by three men who were respectable gentlemen at a just a fair valuation I gave Mr Walter my note for the property in interest a part of which has since been paid - The above property was all the property which the said Walter owned To my knowledge I further say that Mr Walter has ever sustained a fair character for honesty and up right ness as any man and that

I have the fullest confidence in his statements as given to obtain his pension as being true and correct - I so set forth whereof I have subscribed by my name this 20 th day of January A 1829 - Michael F. Mills
State of Connecticut County of Litchfield 1 st January 20 th A 1829 -
Personally appeared before me Michael F. Mills Esq. the above Deposition and made solemn Oath to the truth of the facts therein stated according to his belief and knowledge and said Michael F. Mills Esq. has always sustained a fair and unblemished character for truth and therefore full credit ought to be given to his affidavit - Certificate etc.
Augustus Pittibone Justice of Peace

J. Bury's Wills Err. one of the Justices of the Peace for Litchfield County

We the Subscribers Benjamin Welch and Joseph Battell Esquires Justices of the Peace for Litchfield County State of Connecticut are well acquainted with Mr Charles Walter of the town County of State aforesaid and have been for many years past that to it has been uniformly reported of him that he served in the revolutionary war and that he is a man of truth and veracity and so confirmed by all his acquaintances and that he has been a resident in said County ever since the revolutionary war and we believe full credit is to be given to his Declarations in all cases and especially to obtain a Pension from the United States on the late act of Congress
Benjamin Welch Joseph Battell { Justices of the Peace
Sworn to before me this 27th April 1818
Augustus Dillibone Chief Judge of Litchfield County Court {

copy of Bond— Joseph Butlett to Charles Walter.—

Charles Walter of Joseph Battell.
Whereas I have purchased of Charles Walter the farm of land on which he now lives in Norfolk, situated in the North middle school district in sd Norfolk, bounded Easterly on highway Northerly on heirs of Benjamin Picket, Southerly on David Gaylord & Eleazer Holt & Westerly on heirs of Samuel Northway containing Ninety two acres more or less, as may appear by sd Walter's deed to me of the same, dated 4 th March 1825. —
Now I do hereby bind myself, heirs & assigns to sell to sd Walter the aforesaid farm provided he shall pay to me on the 1 st day of May 1827, the sum of four hundred & one dollars & Eight cents. — The sd Walter is to have the use of sd farm free of rent till sd 1 st day of May 1827, provided he pays all taxes on the same.
Witness my hand in Norfolk Sept. 10 — 1825.
In presence of
Wm Lawrence
Joseph Battell Jr
Joseph Battell
Received to record Octr 7 th 1828 & truly recorded by me Auren Hoys Register.
A true copy of the record as found in the 12 th book of records in Norfolk, page 556 —
Attest Auren Hoys Register
Norfolk Octr 7 th 1828. —

copy of deed— Charles Walter to Joseph Battell—

Joseph Battell of Charles Walter To all People to whom these presents shall come:
GREETING.
KNOW YE THAT, I Charles Walter of Norfolk Litchfield County & State of Conn.
for the consideration of $1200—
received to my full satisfaction of Joseph Battell of Norfolk
Do give, grant, bargain, sell, and confirm unto the said Battell my farm of land together with the buildings thereon, lying in the South middle School district in Norfolk, bounded Easterly on highway, Southerly on heirs of Bangs, Westerly on David Gaylord & Eleanor Hall & Westerly on heirs of Saml. Northway. — Containing 92 acres of land more or less, hereby intending to convey all the land I own in Norfolk. —
TO HAVE AND TO HOLD the above granted and bargained premises, with the appurtenances thereof, unto him the said Battell & his
heirs and assigns forever, to his and their own proper use and behoof. And also, I the said Walter
do for my self & my heirs, executors, and administrators, covenant with the said Battell & his heirs and assigns, that at and until the ensealing of these presents I am well seized of the premises, as a good indefeasible estate in fee-simple, and have good right to bargain and sell the same in manner and form as is above written, and that the same is free of all incumbrances whatsoever.
AND FURTHERMORE, I the said Walter
do by these presents bind my self and my heirs forever to warrant and defend the above granted and bargained premises to him the said Battell & his
heirs and assigns against all claims and demands whatsoever.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the 4th day of March Anno Domini 1825
Signed, sealed, and delivered
In presence of
Joseph Battell Asher Smith
Charles Walter Seal
Litchfield Co. Norfolk March 4th 1825
Personally appeared Charles Walter signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed before me.
Michael F. Mills justice of Peace Received to record March 4th 1825 Truly recorded by me
A true copy of the record as found in the 12th book of Norfolk town records page 102 — Attest Aaron P. Dyer Register Norfolk Oct 7th 1828.

Original Claim.
Declaration, in order to be placed on the Pension List, under the Act of the 18th of March, 1818.
State of Connecticut County of Litchfield ss. County Court, April Term, 1828.
On this 10 th day of April 1828, personally appeared in open Court, being a Court of Record for the County aforesaid, Charles Walter - resident in said County, aged Seventy years; who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the provision made by the acts of Congress of the 18th of March, 1818, 1st of May, 1820, and 1st of March, 1823; and that the said Charles Walter enlisted for the term of three years - on the 12 th day of February in the year 1777 in the State of Connecticut in the company commanded by captain John H. Strong - in the regiment commanded by colonel Philip B. Bradley in the line of the State of Connecticut on the continental establishment; that he continued to serve in said corps until the expiration of said term - when he was discharged from the service, in the State of Connecticut that he hereby relinquishes every claim whatever to a pension, except the present; that his name is not on the roll of any State, except and that the following are the reasons for not making earlier application for a pension; That on the 1 st of December 1780 he enlisted for the term of three years in the Company commanded by Capt. Samuel W. Williams, in the Regiment commanded by Col. Samuel B. Webb, in the Connecticut line & continued to serve therein until after the 20 th of October 1783, when he was discharged from the service.
And, in pursuance of the act of the 1st May, 1820, I do solemnly swear that I was a resident citizen of the United States on the 18th day of March, 1818, and that I have not, since that time, by gift, sale, or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me: nor have I any income, other than what is contained in the schedule hereto annexed, and by me subscribed.
That as it relates to my occupation, my ability to pursue it, the number and names of my family residing with me, their ages and their capacity to contribute to their support, I declare as follows, viz. That I have now no Wife or family, & no occupation but that of a day labourer, & from my advanced age & infirmity I am unable to support myself by labour.
The following schedule contains each article of real and personal estate now owned by the subscriber (except necessary clothing and bedding), viz.
One note against Michael F. Mists on which there is now due the sum of Sixty nine Dollars & Three Cents.
Charles Walter.
And I do further state & declare that at the time of my former declaration I was much in debt, & have since been obliged to dispose of all the property I then had in possession for the payment of my just Debts, & for my support since that time, & that all the assets thereof have been expended on my support & in paying my said Debts, except what is contained in the above schedule - That since my former declaration I have been unfortunately married to a Woman who has been

very extensive to me, & caused my property to be expended much sooner than it would otherwise have been - but that I am now divorced from her & I have now no family, or house or steady home. —
Since the 18th of March, 1818, the following changes have been made in my property.
   Description of property. Names of persons to whom disposed of. Time of sale. Amount of money or description of property received in return.     64 acres Land with House & Barn Mortgaged to Joseph Brattle Esq. for four hundred & one Dollars & eight Cents redeemable 1 st of May 1827, mortgage foreclosed February 1828. — March 4 th 1825   1 Yoke Steaks 3 Cows Farming tools Household Furniture Sold at different times to different persons, but to whom I cannot now recollect, for money, & the avails consumed in provision for the support of my family, except the Note mentioned in the preceding Schedule. —   1 Hog 10 Sheep. — Consumed in my family. —  
On the 4 th day of March 1825 I was indebted to Joseph Brattle Esq. in the sum of four hundred and one Dollars & eight Cents, for goods, Wares, Merchandise, &c and for Debts which he had paid for me, for which I gave him a Deed of all my real estate, & he gave me a discharge, that on my paying said Debt by the 1 st of May 1827 he would reconvey to me - Not having been able to pay said Debt he obtained a foreclosure of the mortgage, which has left me without any right to, or interest in the same. —
Sworn to and declared, on the 10 th day of April 1828 before the said County Court, in Open Court.
Certified by Frederick Wolcott, Clerk.
I Frederick Wolcott Clerk of the County Court in the county of Litchfield and state of Connecticut, do hereby certify that it appears to the satisfaction of the Court, that the said Charles Walter — did serve in the Revolutionary War, as stated in the preceding declaration, against the common enemy, for the term of nine months, under one engagement, on the continental establishment. I also certify that the foregoing oath, and the schedule thereto annexed, are truly copied from the records of the said Court; and I do further certify, that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid schedule is Sixty nine dollars and Three cents.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, on this 10 th day of April A. D. 1828.
Frederick Wolcott
Clerk of County Court,
County of Litchfield & State of Connecticut. —

Joseph Battell Esq. vs Charles Walter.
copy of record.
Restore - pen: to com: Jan. 27. 1829
Hon. O. Merwin H. R. #1. 65. Jan. 27. 1829

To the Honorable Superior Court to be holden at Litch- field on the third Tuesday of February AD 1828. The petition of Joseph Batell of Norfolk in said County, humbly sheweth that on the fourth day of March AD 1825 one Charles Walter of Norfolk was justly indebted to your petitioner in the just sum of four hundred and one-dollar, and eight cents, and to secure the payment of said sum the said Charles Walter on the said fourth day of March 1825 did execute and deliver to your petitioner a deed of a certain farm of land and buildings situate in said Norfolk and described as follows (to wit) lying in the North middle School district in said Norfolk, bounded east- wardly on highway, northwardly on the heirs of Benjamin Pickett, southwardly on David Gay- lord, and Eliazar Holt - and westwardly on the heirs of Samuel Northway, containing ninety two acres of land with all the buildings thereon, To which said deed the following conditions were annexed (to wit) Where as I have purchased of Charles Walter the farm of lands on which he now lives in Norfolk situate in the North middle School district in said Norfolk, bounded eastwardly on high- -way, northwardly on heirs of Benjamin Pickett southwardly on David Gaylord and Eliazar

Heath, westwardly on heirs of Samuel Worthaway containing ninety two acres more or less, as may appear by said Walters deed to me of the same, dated 4 th of March 1825. Now I do hereby bind myself, heirs and assigns to sell to said Walter the aforesaid farm provided he shall pay to me on the first day of May 1827 the sum of four hundred and one dollars and eight cents the said Walter is to have the use of said farm of lands free of rent, till said first day of May 1827 provided he pays all the taxes on the same - with my hands in Norfolk this 10 th day of September 1825.
J Bateell.
As by said deed duly acknowledged and recorded ready in Court to be shown may appear. And the petitioner avers that the said Charles Walter did not pay or cause to be paid on the said first day of May 1827 the said sum of four hundred and one dollars and eight cents when it fell due nor has he since paid the same but wholly neglected and refused to pay the same. Your petitioner therefore prays your honor to take his case into consideration and enquire into the truth of the foregoing facts and on finding them proved and true, to order and decree that if the said Charles Walter shall fail

to pay to your petitioner the sum due as afore- -said in such reasonable time as your honor shall judge proper to limit and appoint that he be forever foreclosed from all right to redeem said mortgaged premises and your petitioner as in duty bound shall ever pray. Dated at Nor- folk this 5 th day of February 1828.
Joseph Bateell.
by his Attorney M. F. Mills.
To the Sheriff of the County of Litchfield his Deputy or either Constable of the Town of Nor- folk within said County. Greeting.
By Authority of the State of Connecticut you are hereby commanded to summon & give no- -tice to the said Charles Walter of said Norfolk to appear if he see cause before the honorably Superior Court to be holden at Litchfield within and for the County of Litchfield on the third Tuesday of February A.D. 1828, then & there to show reason if any he has why the prayer of the within and foregoing petition of Joseph Bateell shall not be granted. Hereof you may not fail, but of this petition and citation due ser- -vice and return make according to Law. Dated at Norfolk this fifth day of February A.D. 1828. A State duty of one dollar is paid hereon. Certificate and signed by
Michael F. Mills Justice of Peace.

Ditchfield County ss February 6 th 1828. I then gave the within named Charles Walter a true copy of this petition and citation.
Attest Thomas Curtiss Deputy Sheriff travel to serve return 27 miles — $1.35
Copy & endorsements — — — — — 1.00
Fees — 2.35.
Ditchfield County Superior Court February term AD 1828. Upon the petition of Joseph Bat- tell of Norfolk in said County, shewing to this Court that one Charles Walter of said Norfolk was justly indebted to your petitioner on the fourth day of March AD 1825 in the sum of four hun- dred one dollar and eight cents, and to secure the payment of said sum, the said Charles Walter on said fourth day of March 1825, did execute & deliver to the said Joseph Battell, a deed of a certain farm of lands and buildings situate in said Norfolk, and described as follows (to wit) lying in the north middle school district in said Norfolk, bounded easterwardly on high- way, northwardly on the lines of Benjamin Pickett, southwardly on David Gaylord and Ebenezer Holt, and westwardly on the lines of Samuel Northway, containing ninety two acres of lands with all the buildings thereon

to which said Deed the following conditions were annexed (to wit) Whereas I have purchased of Charles Walter the farm of lands on which he now lives in Norfolk, situate in the north middle school district in said Norfolk bounded eastwardly on highway, northerly on heirs of Benjamin Pickett, southwardly on David Gaylord, Eleanor Hall, westerly on the heirs of Samuel Northway, containing ninety two acres more or less, as may appear by said Wallis deed, to me of the same dated 4 th of March 1825. Now I do hereby bind myself heirs and assigns to sell to said Walter the above said farm, provided he shall pay to me on the first day of May 1827 the sum of four hundred and one dollar and eight cents, the said Walter is to have the use of said farm free of rent till said first day of May 1827 provided he pays all the taxes on the same As by said Deed duly acknowledged and recorded ready in Court to be shewn may appear. And stating to this Court that the said Walter did not pay, or cause to be paid on the said first day of May 1827 the said sum of four hundred one dollar, and eight cents, when it fell due, nor has he since paid the same, but wholly neglected and refused to pay the same

and praying this Court to enquire into the truth of the facts set forth in said petition and on fin- ding them proved and true to order and decree that if the said Charles Walter shall fail to pay to the said petitioner the sum due as afore- -said in such reasonable time as the Court should limit, and appoint, that the said Charles should be forever foreclosed from all right to redeem said mortgaged premises. As by said petition on file may appear. Dated the fifth day of February 1828. And said petition having been duly served upon the said Charles Walter and returned and entered in the Docket of this Court, and the petitioner appeared by his Attorney M c L. Mills, and the respondent having been three times publickly called made default of appearance and this Court having enquired into the truth of the facts set forth in said petition do find them proved and true, and that there is now due to the said petitioner including the interest from the first of May 1827 the sum of four hun- -dred twenty one dollars and thirteen cents. And this Court doth order and decree that if the said Charles Walter shall fail to pay or cause to be paid to the said Joseph Battell the sum of four hundred twenty one dollars and thirteen cents, on or before the first day of

April next with the interest from the twenty eighth day of February 1828 until paid; and the cost of this petition allowed and taxed at the sum of seventeen dollars and ninety eight cents. The said Charles Walter his heirs and assigns shall be forever debared and foreclosed all right in equity to redeem said mortgaged premises.
By the Court
J. Wolcott Clerk.
County of Litchfield.
Office of the Clerk of the
Superior Court, December 22 d 1828.
The foregoing are true copies of the Files & Record in the cause of Joseph Battell vs Charles Walter. Witness my hand the day above written.
Frederick Wolcott, Clerk.