Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1836-12-09
STATE OF VERMONT.
Windhami gounty--Supremc Court,

HINH f. Complainants appear, by Spmucli
Elliot, their Solicitor, and enter their
Bill IN Chancery. The Bill sates-=-Thpt said
David Baker, on the odd day of February, A.
ID. 1884, being Justly indebted to the said Ora
lprs, IN the sum of eighteen hundred dollars,
lawful money of the United States of America,
speched IN three. promissory. notes, bearing
date the same day and year last aforesaid, for
the sum of six hundred dollars each, with law
iul interest for the same-and in order to Sc
cure the payment Of the said sum of money,
specified in the said three prQmssory notes,
according to the tenor thereof, to the said Ora
tors; he The said David Baker, on the day and
year last aforesaid, for and in consideration OF.
the sum oil eighteen hundred dollars, so due
and oweing from the said David Baker to the
said Orators as aforesaid, and also of one dollar
to them in hand paid, by his certain Indcnture
or Deed of bargain and sale, signed with his
hand and sealed with his seal, and acknowledge
ed and recorded in due form Of law, the date
whereof IS the sane twenty second day of
February last aforesaid, did grant, bargain,
sell, alien, release, convey and confirm unto the
sad Orators, the following described land and
real estate, sitnale, lying in Cuiord, in the
County of Windham and State of Vermont,
being all that certain piece of land or farm,
with the buildings thereon, and being the
shares Of Vallerous Baker, Lucy Gould, Elvira
Babcock aud the said David Baker, as heirs Mt
law in the estate Of Peter Baker, late Of Gull
ford aforesaid, deceased, and of Lovina Baker
also deceased, and which, taken together, are
bounded as follows, to wit,-Souiherly by tina
State line of Massachusetts, Northeriy by the
land set off TO Lorin and Miranda Baker,-
Easterly by land now or late of Luther Shat
tuck and Roger Adrich WESTERLY by land
now or late of Amos Burroughs and Jabcz
Denison, and containing about one hundred
and fifty acres, be the same more or less.-To
/ have and to hold the said granted and bargain
| ed premises, with the privileges and appurte-
nances, to the said Orators, their heirs and as
sgns.forever, to their own proper use, benefit
and behoof, with provso or condition thereto
annexed, that if the said David Baker, his en-
ecutors, administrators or assigns, should we'll
and truly pay 10 the said Orators, their heirs,
executors, administrators or assngs the said
sums of money mentioned and specified in the
sand before described three promissory notes,
according to the tenor of the same, by the time
therein said and limited for the payment there
of, (Which is now hong since past) then the
said deed of conveyance to be null and void
and of no effect, otherwise 10 be and remain in
full force and virtue to convey the premises
aforesaid, as in and by the said deed, IN the
custody of said Orotors will appear, &c. And
the said Orators further show that the said
David Baker hath, 10 wit, on the Goth day of.
February, A. ID. 1885, made and executed
pretended conveyance of the said premises 10
one Mary Ann Gotier of the City Of New
York. for and in the aledged consideration of
eight hundred dollars, and that the same is ac-
knowledged and recorded in due form of law.
I And the said Orators further show, that the
said sum Of eighteen hundred dollars, specified
in the aforesaid promissory notes mentioned in
the said proviso of the Mortgage deed S.ore-
said, was not paid to said Orators or TO any
other person on their account, according to the
said proviso in said deed contained, at the time
therein mentioned, or at any other tine--but
that the said sum of eighteen hundred dollars
Is now due and oweing 10 said Orators, to-
gether with the interest on the same, &c.-that
the estate and interest in the said morigaged
premises IS now become absolute in SAID Ora
tors and their heirs.-That the said David
Baker and Mary Ann Gotier, though request
ed, refuse to pay the said sum of eighteen hun
bred dollars and the interest thereon due, or to
give up the possession of said premises to the
said Orators.-That the said David Baker and
Mary Ann Goiier well know, thai he said
premises are slender and scanty security for
the principal and interest now due to the Ora
tors thereon.-That the Orators hoped that
the said Baker and Gotier would have COM
piled with the reasonable request of the Ora
tors as in justice and equity they ought to have
done.-That the Defendants, and others un-
known to the Orators, pretend and give out il
speeches, that the said Baker did not owe the
/
said mortgage deed to the Orators for securing
the payment thereof, with interest as aforesaid.
| The Orotors charge that the defendants knew,
as the truth is, that the said sum of $500,
specified in the said three promissory notes,
was Justly due from the said David Baker OF
the said Mary Ann Gotier, to the Orators
and that said deed executed Us Aforesaid, was
executed by the said Baker to the Orators as
aforesaid, to secure the payment of the said
sum of money as aforesaid, and upon no other
consideration. the said sum of eighteen
hundred dollars with the interest thereon has
never been paid TO the Orators, which lie De-
PENDANTS well know, &c.-All which acts and
doings OF the Defendants are contrary TO equity
and good conscience, and tend to the injury of
the Orators. The Orators, in their Bill, pray
that the Defendants may answer the premises
and that the Defendants may be delteed to
pay and satisfy to the Orators the aforesaid
sum of $500, the interest thereon and costs,
by short day TO be appointed by the Court
| and in default thereof, that the Defendants, and
| all persons claiming under them, may be fore
closed of and from all equity of redemption, or
claim in and to the said mortgaged premises
and every part thereof; and that the Orators
be decreed to hold the same freed and discharg-
ed of all equity or benefit of redemption, &C.,
and that the Orators may have such other and
further relief as is suited to the equity OF the;g
case and to the Court may seem meet.
And il appearing TO the Court, that the said
Mary Ann Gotier, one of the defendants nam
ed in the said bill, resides without this State,
and is not within the reach Of the process OF
this Court: 1t is ordered by the Court, that the
substance and objects of the said bill be pub
lished in the ssVermont Phenix,' ,, newspaper