State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-09-26
STATE OF VERMONT, )
WnshinutOn County Sc

w pref, in the County OF Washington
aforesaid, hath exhibited to me, Isaac T..
Reliirld, one OF the Assistant Judges OF the
Supreme Coult and Court OF Chancery in
the State OF Vermont, his bill OF complaint
VS.. Wesley Pikln, late OF Marshfeld in
said State but now gone to parts I'M
known, John Carlton of Holland in the
State OF Connecticut, Rawse 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 wiz.
One note made payable to John Spadng
and Constant w. Storrs, dated November
6, 1888, for the sum Of nineteen dollars and
lorty one cents, payable on demand, with
interest annually; one Other note dated
December 90, 1884, for the sum OF one hun
bred and twelve dollars and thirty three
cents payable to Spalding, Storrs s. Co. on
demand with interest annually; one other
note dated March Z, 1885, for the sum OF
seventy six dollars and forty seven cents
payable to John SpaIding and Constant w.
Srorrs on demand with interest annually; one
other note dated March 1885, Tor the sum
of ore hundred and three dollars and fifty
cents payable to Stephen Pitkin, the next
April with interest annually. The said
Wesley Pitkin in order to secure the pay
mcnt oft the said note on the7th day oil March,
1885, being sliced and possessed OF the fol-
lowing tract or parcel Of land with the ap-
purrenances lying in Marshfield and describ-
ed as follows, to wit: One lot decided to said
Wesley by Jacob NJ. Crellis by deed dated
September 6, 1884 OF part Of lot No. two in
the fourth range, and also part OF No one
in the sixth range, decided to said Wesley by
Stephen Pi;kin, deed dated February %,
1891; also part Of lot No three in the 9th
range decided to said Wesley by Truman
Piikin in two deeds as follows: One dated
March 3. 1929, the other dated September
II, 1884, together with the buildings there
on standing; also the cIapboard and Single
machines, and all OF the tools and appurteh-
ances belonging to the rmc, 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 him, his heirs and assigns with
a condition thereto annexed, thai The SAID
Wesley, his heirs, executors on admlnlstIa-
tors, shall well and truly pay or cause to be
paid to the said John, his heiis, executors,
administrators on assigns, all OF the aforesaid
notes, then the same To have become null
and void, otherwise to have been in full
force and virtue. And your orator further
shows that the said Wesley was indebted to
one john Carlton in certain promissory
note dated October g. 1884 for the sum OF
lour hundred dollars payable TO the said
John, or order, in one year from date, WIN
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 oath
November 1885, lor the purpose OF renter-
ing more certain the payment Of said note
and as collateral security for the same, exc
cuted to the sadJohnSpalding deed OF mott
gagc Of the premises described aioresad,con-
vcying the same to him, his heirs & assigns,
with a condition thereunlo annexed, that
sail Wesley, his heirs, executors or admin
is,ra,ors shall well and truly pay or cause
to b, paid to the said John, his heirs exec
tors. Administrations or assigns, all OF the
aforesaid note and interest, said deed TO have
heroine void, otherwise to have been in full
lorce and virtue. And the said John Spal-
ding further complains to the said Court,
,haI said Wesley Pitkin hath wholly neg
lected to nay said notes, although they have
long since become due, and that by means
thereof, the said premises have become
vested in the said John SpaIding. And
vour orator further shows that said Wesley
hatb combined 10 and with John Carlton
nj Holland in the state of Connecticut, and
Raysel II. Keith and Thomas Reedjr.
of Montpelier in the County OF Washing
Ion aforesaid, and by another deed OF mott
gage in due form OF law, conveyed to the
said John Carlton said mortgaged premises
in fee, subject to condition OF deieasance
thereto annexed. And the said Rawsel Il.
Krith. after the execution oil said mortgage
deeds TO the said john Spalding, 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 nn the same in due form OF law. And
vour orator further says that the SAID
| Thomas Reed, Jr. claims To hold sad land
| hv virtue ol said levy and set Oft, as before
slated And whereas 1t appears 10 SAD
| Cont that said Wesley Pltkln and the sad
/ Jobn Carbon are not within the reach ct
process within this State, but without, 10
wit. at POLAND, aforesaid, ana lhat salu
Wesley Ptkin and John Carlton, cannot De
served with the ordinary process OF suops-
ma: WHEREFORE, the sad wesley
pnkin and John Carlton are hereby notified
n make their personal appearances, before
The Sunreme Court OF the State oil Nel"o 1n
On the 9Th Tuesday, next a',e' nc i','
TUESDAY Of January 49, 'neNt " ne ,o''.'s
~, MonIpeler, within and Ior 'ie oIun'y W
Washington aforesaid, then ana 'ne'f ~
answer TO said bill OF compIa'it' anu "
answ' and abide such order as shall be maze
in ,hr PREMISES by said Court
i" And il is hereby further ordered hy me,
,bs s"bsc,ibing authority, that so much oil
sn at Milo hin OF complaint as above set lorth, to-
o grther win this oldcr be published IN INT Inc
Stale journal, published at MONTPELIER n, pphia r
,h|re weeks successfully, the last ol . wh'ln IN