Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-03-03
John II. Weller, iona. Weller, Nathan
Weller, Harry Weller, Seneca Smith,
Nuihnn I Smith and John Vail.

Weller, Harry w cller, seneca Sinltn,
! Nathan J. Smith aud John Vail.
UAsreas James Mechanics Of Dnnhy in the
county of Ruilan aforesaid, has flied has bill in
Chancrrv against john u Wei r, Jonathan
Weller, John Vail. Seneca Smith aud Nathan J
Smith all OF Danh, aforesaid. aud Nathan Weller
! of Tinmoulh ia said rruuty, aud Harry Weller
! late of said Dandy, Stating, that on the Tih day
/ of August A. ID Is the said John II Weller
was indebted 10 ore Thomas McDauicls then Of
said Dandy in the sum OF S1il,6 specified IN
/ three ptomissory notes. one dated goth March
! 1881 Tor SIG e. payable 10 the said James Me
Daniels and signed by the John II. Weller aud
Rhoda Wellcr-onc dated 2ilh July 1884. Tor
S500,00 payable to the SAID Thomas McDanicls
/ in Tyr Is, OF Jan 1885 with iniercnt annual.
ly--and one note dated 24th July 1884 for Slil,
%, payable to the said Ihomns or order on LIST of
Jan 1855 with interest annually TINT to secure
! the payment OF said sum the SAID John II Wei.
| Ter executed 10 the said Thomas u deed Of mort.
gage conditioned for the payment of said notes,
OF the day and year first above mentioned, OF GER
/ tain real estate stu in DANNY Aforesaid boun.
ded west by Harris Otis, south by Harris Otis,
iona Weller aud Abraham Locke, east by VIM.
! Ilerrick, Isaac Suulhvick and widow Mary
! Palmer, north By Edward Vail Jt. and Ira Vail,
conianing60 acres being the same land on which
the said John then lived, aud the same land that
descended 10 him, said John and his two brothers
Nathan Weller aud Harry Weller, from their
father Nathan Weller late OF said Dauby deccasf
ed, the said John having previously purchased o
the said Nathan and Harry their shares aforesaid
That on the 27th day of October A. ID. 1887 the
said sum OF money being wholly unpaid the sd
Tn mas did convey aud assign TO the orator the
said mortgage deed and notes, with all the inter.
ct of the said Thomas in the same That the sd
mortgaged premises being the estate of the said
Nathan Weller deceased and the said John II
Nathan and Harry, with several Others being heirs
of the said Nathan deceased, had never been di.
vded, and The estate Of sal Nathan had never
been settled until the 1h day of March A ID.
1889, when the probate court for the district OF
Rutland pponted a committee TO divide the same
which committee reported that said estate could
not be divided without material injury to the
whole the said court did therefore, on the j.,
day of August ID lc39 decree the whote of I'D
estate 10 Jonathan Wei or an heir of the said Ma.
THAI deceased, upon the said Jona,han's securing
to be paid 10 the cohcirs thereof the value of their
respective shares and III pursuance of said decree
the said Jonathan procured Seneca Smith and
Nathan J Smith of said Dandy TO execute their
notes to the John III Nathan and Harry, each for
4 sum of S266 81 dc posi- cd in the hands of one
John Vail Of said Danny for the ben.f, of those
legally entitled TO the same. That the sal John
ii. Weller is poor that the principal security Of
the orator for said sum specified in said mortgage
deed and the interest all Of which remains UNI
paid the lien OF the orator on said mor,gnged
premises and that The said defendants will not
consent that said in the hands OF the sd Vail
shall be delivered TO The ator, To he applied in
part payment Of the sum specified in said mort
gage deed
And prays, that the court will consider his
cnse and inquire into the facts &c and that the
defendants may make full and direct answers to
all the matters charged that the said Vail be
enjoned from delivering the notes of the SAID
Smiths, that the said Smiths be enjonpd from
paying said notes, To any other than the orator
until further order OF this court that the said John
II. Nathan and Harry be en- oined from recei ing
paymen of said notes that the court would
decree that the sal Vail shall deliver said notes
TO the orator, that the said Smiths pay the amount
of said notes 20 the orator in part atsfaction Of
said sum specified in said mortgage deed, and that
the orator may lie further relieved in the preinis.
es according 10 equity and good conscience
The usual pro ess Of sub2nna having been
granted, and the said John II. Weller being with
out this state, and not having been notified Of The
commencement of sal bill il is ordered by the
court that he be notified thereof, by publishing the
substance of said bill, with this order ,hree weeks
successfully, in the Rutland Herald, printed at
Rutland, the last Of which 10 be five weeks pre-.
vious TO the next term OF this court, be holden
at Rutland aforesaid on the Cd Tuesday Of April
next. And day thereof was''given. &c.
F. w. HOPKINS, Clerk.
II. PIIRPoST, Solicitor for Orator. 20