Litchfield enquirer., 1831-07-07
State cf Connecticut, z,,,. % 1ss, County of LitchEeld, ss. 1""e ~ | ol'

" "HEREAS Ithamar Garfield, of New
 w Milford, in said county, has brought his petition returnable to the Hon. Superior Court tc be holden at Litchfield, within and for the county aforesaid, on the third Tuesday of Au- gust next, sitting as Court of Chancery; showing to said Court, that on the 9th day of November, 1880, one Orange Kinney, then of said NewMilford, but now residing out of this state, in parts to the petitioner unknown, was justly indebted to Eli Mygatt, of said New Milford, by note of hand of the date last aforesaid, in the sum of three hundred and ffty-two dollars and twenty-two cents, paya- ble on demand, with interest annually-and had before that time, to wit, on the 3Oth day of October, 1880, procured the said Eli to in- dorse note for his the said Kinney's sole be- neft to the Fairfield County Branch Bank at Danbury for the sum of one thousand dollars; which note was made payable to the order of the said Eli, at said Bank, ninety. five days from date, and dated the said SOth day of Oc- tOber-and also previously thereto procured the said Eli to execate bond with him the said Kinney, and as his surety, in the penal sum of S9OO to Jehiel Williams, Esq. Judge of Probate for the District of New Milford, and his successors in office, dated the 27th of November, 1926, conditioned that the said Kinney should faithfully perform his duty as Uts and that to secure the said Eli the pay ment Of said first above mentioned note, and to secure and save himself harmless from all liability for or on account of said note of 5000 80 by him said Eli indOrsed to said Bank; and also from all liability for or on account of said bond, the said Kinney on said 9th day of No- vember, 1880, by deed of that date every way duly perfected, did mortgage to the said Eli, in fee, five pieces of land. with the buildings thereon, situated at and near place called Chcsnut Land, in said New Milford, which in said deed are particularly described-by the conditions of which said mortgage, it was a. alOng other things provided that if the said Kinney should save the said Eli from any loss, cost or damage for or on account of his SO having indOrsed said note to said Bank, that said deed should be void; but on failure there of, to remain in full force-And further stat- ing, that by means of the neglect of the said Kinney, said Eli had been compelled to pay said note to said Bank, to wit, on the l4th Uf February, 1881. That afterwards, to wit, on the 28th day of February, 1881, the said Eli did. for the consideration of $l557 8-1OO, sell. assign and transfer to the petitioner the whole of said mortgaged premises, together with said two notes. and all his the said Eli's right to all the monies due thereon, or in virtue thereof and of the premises, from the said Kinney; and praying decree of foreclosure against the said Kinney of said mortgaged premises:
 H IS therefore hereby ordered, That notice of the Pendency of said petition be given to the sa'd Kinney by publishing a copy of this or- der in the LitchfieId Enquirer, a newspaper printed in said Ltchfeld, for three weeks suc- cessisely next following the s5th day of June, 1881. CLARK BISSELL.
 Judge cf the Superior Court.