Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-02-18
James Mechanics,
John IL. Weller, iona. Weller, Nathan
Weller, Harry Weller, Seneca Smith,
Nathan I S,,;,h ,.l IL. WI


Nathan J. Smith and John Vail
Hhrreas, James Mechanics of Dandy in the
county of Rutland aforesaid has filed his bill in
Chancery against John II Weller. Jonathan
Weller, John Vail, Seneca Smith and Nathan J
Smith all of Dandy aforesaid, and Nathan Weller
OF linmouih in said county, and Harry Weller
late of said Dandy, Stating that on the 9Th day
of August A ID. II 4 the said John " Weller
was indebted to one Thomas McDaucls then Of
snid DANNY in the sum of S7il "a specified IN
thtee prnmisSory notes, one dated 10Th March
1881 for 5000 payable 10 the said James Nc
Daniels and signed by the John II. Weller and
Khoda Weller-one dated Oath July 1884, Tor
$4,000 payable to the said Thomas Mechanics
IN y'r from LIST OF Jan 1875 with niercat annual.
ly-and one note dated 2itb July 1884 for Sli4,
W, payable TO the said Thomas order on LIST Of
Jan 1888 with interest annually Vt that TO secure
the payment OF said sum the said John II Wei.
Ter executed TO the said Thomas a deed of mort.
gage, conditioned for The payment of said notes,
OF the day and year first above mentioned, OF Ger.
tam real estate situate in Dandy aforesaid boun.
ded west by Harris Otis, south by Harris Otis,
iona Weller and Abraham Locke, east by WIN.
llerrck, Isaac Soulhwick, and widow Mary
Palmer, north by Edward Vail Jr. and Ira Val,
containing 60 acres being the same land on which
The SAID John then lived, and the same land that
descended to him, said John and his two brothers
Nathan Weller and Harry Weller from their
father Nathan Weller late of said Da by deccas.
]
the said Nathan and HAIRY their shares aforesaid.
That on the 9th day of October A. ID 1897, the
said sum Of money being wholly unpaid, the sd
TIL mas did convey and assign 10 the orator the
said mortgage deed and notes, with all the inter.
ct of the said Thomas in the same. That the sd
mortgaged pre- I'm ises being the estate of the said
Nathan Wele deceased and the said John II
Nathan and Harry, with several others being heirs
OF the said Nathan deceased, had never been di-
vidcd, and the estate Of sail Nathan had never
been settled until the 4h day Of March A ID.
1889, when the probate court for the district of
Rutland appointed a committee TO divide the same
which committee reported that said estate could
/ not be tigided without material injury 10 the
whole the said court did therefore, on the lst
day Of August A ID 1889 decree the whole of sad
estate TO Jonathan Weller an heir ofthc said Ma
than deceased upon the said Jonathans securing
to be paid TO the cohers thereof the value Of their
respective shar and in pursuance of said decree
] the said Jonathan procured Seneca Smith and
Nathan Smith of said Dandy to execute their
notes to the John II Nathan and Harry, each for
lie sum of $2G6 g. deposl ed in the hands OF one
John Vail Of said Dandy for the benef, 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 10 said mortgage
deed and the interest all of which remains un.
paid, was the lien OF the orator on said mort gagged
premises, and that the said defendants will not
consent that said notes in the hands oithe sd Vail
shall be delivered to the orator, TO be appi ed in
part payment Of the sum specified in said mort
gage deed
And prays that the court will consider his
case and inquire into the facts &c. and that the
defendants may make ful and diioct answers 10
all the matters charged that The said Vail be
enjoined from delivering the notes of the SAID
Smiths, that the said Smiths be enjoined 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 enjoined from recei,n,
of INT he
decree that the sal Vail shall deliver said notes
TO the orator, that the said Smiths pay the amount
of said notes 10 the orator in part satisfact Of
said sum specified in said mortgage ed and that
the orator may be further relieved in the premis.
es according to equity and good conscience.
The usual pro Of subpPna having been
granted, and the said John H. Weller being with.
out this state, and not having been notified Of the
commenceme mt of sal bill IL is ordered by the
court that he be notified thereof by publishing the
substance Of said bill, with this order three weeks
/ sue cessively, in the Rutland Herald, printed at
Rutland, the last of which to be five weeks pre-.
vious to the next term Of this court, TO be holden
at Ru land aforesaid on the ID Tuesday Of April
next. And day thereof was.'given &c.
=. W hOPKIN Clerk.
r. PIERPoIST, Solicitor for Orator. 10