State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-10-18
STATE OF VERsIONT, J
Washington County IS.

w pelier, in the County OF Washington
aforesaid, hath exhibited to me, Isaac II.
RedfieId, one OF the Assistant Judges OF tile
Supreme Court and Coult OF Chancery in
the State OF Vermont, his bill oil complaint
VS.. Wesley Pitkin, late OF Marshlield in
said State but now gone to parts I'M
known, John Carlton OF TolIand 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 wit.
One note made payable to John Spading
and Constant w. Storrs, dated November
&, 1888, for the sum OF nineteen dollars and
lorty one cents, payable on demand, with
interest annually; one othe, mole dated
December 90, 1884, for the sum OF one hun
dred and twelve dollars and thirty three
cents payable to Spading, Storrs 8. 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 Spalding and Constant w.
Slorrs on demand with interest annually; one
other note dated March 1885, for the sum
of ore hundred and three dollars and fifty
cents payable to Stephen Pitkn, the next
April with interest annually. The said
Wesley Pitkin in order to secure the pay
ment of the said note on the7th day OF March
1885, being siezed and possessed OF the fol-
lowing tract or parcel OF land with the APP
purtenances lying in Marshfield and dcscrib-
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 P;kin, deed dated February 90,
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 3, 1899, the other dated September
IL, 1884, together with the buildings there
on standing; also the lapboard and single
machines, and all OF the tools and appurten-
ances belonging TO the same, for the purpose
OF rendering more certain the payment OF
said notes, and as collateral security for the
same, executed 10 the said John mortgage
deed of the premises aforesaid, conveying
the same to him, 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 fun
force and virtue. And your orator further
shows that the said Wesley was indebted to
one John Carlton in a certain promissory
note dated October 8, 1884, for 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 to the notwithstanding deed OF mort.
gage OF the premises described aforesaid con-
veying the same to him, his heirs & assigns,
with condition thereunto annexed, that
said Wesley, his heirs, executors or admin
strators 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 10 have
become void, otherwise to have been in full
force and virtue. And the said John Spal-
ding further complains to the said Court,
that said Wesley Pitkin 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 Spalding. And
your orator further shows that said Wesley
hath combined 10 and with John Carlton
OF Tolland in The state Of Connecticut, and
Rawsel Il. Keith and Thomas Reed.ir.
Of Montpelier in the County OF Washing
ton Aforesaid, and by another deed of mort
gage III due form OF law, conveyed to the
said John Carlton said mortgaged premises
in fee, subject TO condition Of deleasance
thereto annexed. And the said Rawsel II.
Keith, after the execution OF 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 Pilkin, as his property, and
set of the same in due loIm Of law. And
your orator further says that the said
Thomas Reed, Jr. claims 10 hold said land
by virtue OF said levy and set off, as before |
stated. And whereas it appears TO said |
Court that said Wesley Pitkin and the said |
John Carlton are not within The reach OF |
process within this State, but without, to |
wit. at Holland, Aforesaid, and that said |
Wesley Piikn and John Carlton, cannot be |
served with the ordinary process OF subpe-
IA: WHEREFORE, the said Wesley |
Pltkn and John Carlton are hereby notified
% make their personal appearance before
he Supreme Court OF the State OF Vermont
IN the 9th Tuesday, next after the 4th
Tuesday OF January 1887 next to be holden
u Montpelier, within and Tor the County OF