State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-10-04
STATE OF VERMONT. ,
Washington County IS.

Washington County IS.
W7HEREAS, John spald,-r$-oi Mont
w pclicI, in the County OF Washington
aforesaid, hath exhibited to me, Isaac Il.
iIedlield, one OF the Assistant Judges of the
Supreme CouIt and Count of ChanCery in
thu State OF Vermont, his bill OF complaint
VS.. Wesley Pitkn, late OF MarshfcId in
said State but now gone to parts un-
; known, John Carlton Of Holland in the
State OF Connecticut, Rawsc Il. Keith,
and Thomas Reed, Jr. OF Montpelier in said
b 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 Spadng
and Constant w. Storrs, dated November
e. 1888, Tor the sum OF nineteen dollars and
Iofy one cents, payable on demand, with
interest annually; one Other note dated
December 30, 1884, Tor the sum of one hun
) bred and twelve dollars and thirty three
cents payable to SpaldIng, Slorrs s. 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 Spaldn9 and Constant w.
SIorrs on demand with interest annually: one
other note dated March 7, 1885, Tor the sum
OF one bundled and three dollars and fifty
cents payable to Stephen Pltkin, the next
April with intr,est annually. The said
} Wesley Pilkin in order to secure the pay
ment Of the said note on the7h day OF March,
/ 1885, being sliced and possessed OF the fol-
! lowing tract or parcel Of land with the ap-
purtcnanccs lying in Marshtield and describ-
ri as follows, to wit: One lot decided to said
! Wesley by Jacob NJ. CrelIis 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 bv
! Stephen Piikin, deed dated February %,
/ 1884; also part OF lot No. three in the 9th
range decided to said Wesley BY Truman
! Pikln in two deeds as follows: One dated
! March D, 1899, the other dated September
! II, 1884, together with the buildings there
on standing; also the clapboard and shingc
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 TO the said John "A 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 adminStra-
! tors, shall well and truly pay or cause to be
{ >,
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 certain promssory
note dateu October s, 1884, for the sum OF
four hundred dollars payable to the said
John, or order, in one year from date, with
l..
Carlton assigned and ordered the amount
OF said note 10 be paid to your orator; and
your orator further shows that the said
Wesley afterwards, To wit. on the Oath
November 1885, ior the purpose of render
ing more certain the payment OF said note
and as collateral security for the same, exc
cuted TO the dJohnSpalding deed OF mott.
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
istrators 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 full
force AID virtue. And ;he said John Spal-
ding lurllirr complains to the said Court,
that said Wesley piIkin hath wholly neg
lcctrd 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 Spading. And
your orator further shows that said Wesley
hath combined 10 and with John Carlton
OF Toand in the state OF Connecticut and
Rawsel X. Keith and Thomas Reed ,jr.
OF Montpelier in the County OF Washing
IL, I,,,n
gage in due iulm Of law, conveyed to the
said John Carlton said mortgaged premises
in fee, subject to IA condition OF deltasance
thereto annexed. And the said Hawsrl Il.
Keith, after the execution OF said mortgage
deeds to the said John Spaldng, levied his
execution, issued on a Judgment rendered
in his favor in the name OF Thomas Reed
Jr against said Pltkin, as his property, and
set of the same in due olm 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 oil, 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 TuIland, Aforesaid, and that said
Wesley Pllkin and John Carlton, cannot be
served with the ordiEary process OF subpGa-
ma: WHEREFORE, the said Wesley
Pilkin and John Carlton are hereby notified
to make their personal appearance before
the Supreme Court OF the State OF Vermont
on the 9Th Tuesday, next alter the 4th
Tuesday Of January 1887 next to be holden
ut Montpelier, within and for the County OF
Washington Aforesaid, then and there to
answer 10 said bill OF complaint, and to
hland and ahilr snch Order as Shnll hr madc