Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-02-25
Rufus Gilheif.


VS..
Rufus Gilbc,t,
Hhrcas, The Congregational Society Of Pou,.
ncy in the county of Rutland aforesaid, have, at
the present term, filed their bill in chaneory a.
rainst Rufus Gilbert Of Troy ~ the county Of
Rensselaer, and State OF New Yors. stating that
Jesse Harris, Paul NJ Ross, Anon bailey, Chas
Scott aud Alcoli Sherman, all of Poulincy aiote-
said, having, as sutetics tot one PhlltP I Cialn,
signed a certain prom,ssory note, dated 2hh De.
iober A. ID 1891 for the sum of $500 90 payable
to une James NcDaniels IN one year from date
with interest, the said Grain, In order 10 indem-
nifty the said suretIes from any loss or damages
that might accrue 10 them FOR having so sirncd
as aforesaid, afterwards executed 10 the said Jsc-
Sc, Paul, Anon, Charles and Alcott mortgage
deed, cond toned for the psym' mt of said note,
dated 18th March a. ID. 1884, Of certain real Is
tate, situate in said Poul,ney and described as
follows, to wit, being the same piece OF land and
,enement which the said Cram then occupied,
aud is situated on the south side of the highway
leading from East 10 West Poultney, and bound
ed on the east and south by Tolnan RcharG g
land and west on Moses Moves touse lot, con.
tanning house, barn and two shops stardlng
thereon that on the Goth May A. ID. 1884, the
sad Grain paid the interest upon sad note TO that
time and the sum OF $47 az principal, ana alter
wards abscon led TO parts unknown; that alter.
wards, to wit, on the l4ih Jan 1886 the said sure
ties were compelled by due course OF law TO pay
| the remainder of said mole amounting 20 the sun
OF $27S 90 and the sum of 81 20 cost OF suit, by
~b'~'' .S ~-iJ ...~s.s-e~ r's"''sss became ahsn-
lutte in Ia m aud that the said Harris, Ross, Bal
| lev, Scott and sherman, on the l4th Jan. A ID
1896 assigned the said mortgage premises TO the
orator, the rum aforesaid then remaining unpaid
That the said Grain being indebted TO the ora
tor in the sum Of 1891 ,O6 specified in four prom
issory notes, three OF which dated LIST April A. ID
1884, two for the sum of $500 each, and on,
Tor the sum Of $5s SO, aud another note dated |.
Dec 1911, for So so; and to secure the paymen
of said sum, the said Grain executed 10 the orato
a mortgage deed, conditioned tor the payment o
said notes. of the same premises before described
subject TO the mortgage deed before described
the said notes still remaining unpaid. That The
said Philip Grain, on the 10Th Sept. 1856 execu
ted deed of the sam premises 10 one Hiram A
Grain. and the said Hiram, on the 9TH Nov. 1896
conveyed all his the said Hirams right TO III,
same premises to the orator.
That on the 22d Aug. 1884, the said Grain exc
cuied 10 Rufus Gilbert aforesaid, deed Of sat
premises. subject 10 the mortgage deeds 10 tn
orator and TO the said Harris Ross, Bailey, Scot
and Sherman, conditioned for the payment OF ia
sum OF $23.59, by which the said Rufus becam
seized of the right in equity to redeem said prem
ises and was in duty bound 10 redeem the same.
And Praying, that the said Rufus may be dc
creed 10 pay the orator the said sums Of none
due with the interest, together with the orator
cost, and in default thereof, that the said Ruff
4 be forever forecoseI Of his right Of redemp,io
q in the said premises.
The usual process of subpoena having bee
: granted, and the said Rufus Gilbert residir
without this state, and not having been notlfe
= Of the commencement of this hill, il is ordefe
i by the court that he be notified thereof by pull
fishing the substance Of said bill, with this orde
4 in the Rutland Herald, printed at Rutland, thre
weeks successively, the last of which 10 be
:, least FIVE weeks previous TO the next term Of th
" court to be he'd at Il utland ,iu~sa on the sc
ond Tuesday Of April next, and day thereof "
given &c.
e F.W HOPKINS, Clerk
). JAMES s. HARRIS, Solicitor. 10