State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-10-11
STATE OF VERMONT, |
WASHINGTON County SIS.

w SOuhtJ
M John Spalding, of Mont !
w pelier, in the County OF Washington
aforesaid, hath exhibited TO me, Isaac +.
Redfed, one OF the Assistant Judges of the
Supreme COult and Couit OF Chancery in
the State OF Vermont, his bill OF complaint
VS.. Wesley Pitkin, late OF Marshfeld in
said State but now gone to parts UNI
known, John Carlton of Holland in the
State Of Connecticut, Rawsel r. Keith,
and Thomas Reed, Jr. OF Montpelier in said
Washington County, complaining therein
that the said Wesley being indebted TO your
Orator in the following demands, to vii.
One note made payable to John Spalding
and Constant w. Storrs, dated November
6, 1888, for the sum OF nineteen dollars and
Iorty one cents, payable on demand, with
interest annually; one Other note dated
December 30, 1884, for the sum OF one hun
bred and twelve dollars and thirty three
cents payable to Spalding, StorrS T. Co. on
demand with interest annually one other
note dated March Z, 1885, Tor the sum of
seventy six dollars and forty seven cents
payable to John SpaldiDg and Constant w.
Storrs on demand with interest annually; one
other note dated March Z, S35, Tor the sum
OF ore hundred and three dollars and fifty
cents payable TO Stephen Pltkin, The next
April with interest annually. The said
Wesley Ptkin in order To secure the pay
mrnt OF the said note on the7lh day OF March,
1885, being sieZed and possessed Of the fol-
lowing tract or parcel OF land with the ap-
purlenanccs lying in Marshtield and dcscfb-
ed as follows, to wit: One lot decided to said
Wesley by Jacob NJ. CreIlis by deed dated
September 6, 1884 OF part Of lot No. two in
the fourth range, and also a part OF No. one
in the sixth range, decided to said Wesley by
Stephen Pi,kn, deed dated February %,
1884; also part OF lot No. three in the 9Th
range decided to said Wesley by Truman
Pitkin in two deeds as follows: One dated
March D, 1929, the other dated September
IL, 1884, together with the buildings there
on standings also the clapbuard and single
machines, and all OF the tools and appuTteh-
ancrs belonging to the same, for the purpose
, OF rendering more certain the payment OF
said notes, and as collateral security for the
same, executed To the said John mortgage
deed Of the premises aforesaid, conveying
the same to linn, his heirs and assigns with
a condition thereto annexed, that the said
| Wesley, his heirs, executors or adminiStra-
tors, shall well and truly pay or cause to be
paid to the said John, his heirs, executors,
administrators or assigns, all Of the aforesaid
notes, then the same to have become null
/ and void, otherwise to have been in iuu
| lorre and virtue. And your orator further
shows that the SAID Wesley was indebted 10
one John Carlton in certain promissory
note dated October 8, 1884, Tor the sum OF
! four hundred dollars payable to the said
John, or order, in one year from date, with
interest annually, and afterwards the said
Carlton assigned and ordered the amount
Of said note to be paid to your orator; and
| your orator further shows that the said
Wesley afterwards, To wit. on the Gath
November 1885, ioI the purpose OF render
ing more certain the payment Of said note
and as collateral security for the same, exc
cuted 10 the saidJohnSpalding deed OF mort.
gage oil the premises described aforesaid con
veyng the same TO him, his heirs & assigns,
with condition thereunto annexed that
said Wesley, his heirs, executors or admin
istralors shall well and truly pay or cause
| to be paid To the said John, his heirs, exec
tors, administrators or assigns, all OF the
aforesaid note and interest, said deed to have
! become void, otherwise TO have been in lull
| force and virtue, And The said John Spal-
ding further complains TO the said Court,
that said Wesley Pitkn hath wholly neg
lected to pay said notes, although they have
long since become due, and that by means
thereof, the said premises have become
vested in the said John Spaldng. And
your orator further shows that said Wesley
hath combined TO and with John Carlton
of Tolland in the state of Connecticut, and
RawseI X. Keith and Thomas Reed ,jr.
of Montpelier in the County oil Washing
ton aforesaid, and by another deed Of mott
gage in due form OF law, conveyed TO the
said John Carlton said mortgaged premises
in Zee, subject to condition OF deleasance
thereto annexed. And the said Rawsel Il,
Keith, after the execution Of said mortgage
deeds to the said John Spading, levied his
execution, issued on Judgment rendered
in his favor in the name of Thomas Reed
Jr. against said Pitkin, as his property, and
set of the same in due tom Of law. And
J your orator further says that the said
Thomas Reed, Jr. claims To hold said land
by virtue OF said levy anu set of, as before
stated. And whereas it appears TO said
Court that said Wesley Ptkin and the said
John Carlton are not within the reach Of
process within this State, but without, To
wit. at Tolland, Aforesaid, and that said
Wesley Pilkn and John Carlton, cannot be
served with the ordiHary process OF subpG-
ma: WHEREFORE, the said Wesley
Pnkin and John Carlton are hereby notifies,
to make Their personal appearance before
the Supreme Court OF the State Of Vermont
on the 9th Tuesday, next alter the 4lf
Tuesday Of January 1887 next to he holder
at Montpelier, within and for the County o.
Washington aforesaid, then and there tc
answer to said bill OF complaint, and II
stand and abide such order as shall be made
in the premises by said Court.
And it is hereby further ordered by me