Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1840-06-26
IN CHANCERY.
IL MARC & TIMOTHY FoLLs

|
SAMUEL II. BRowN, JcuN PECK, }pREME CouRr,
JOHN II. PEcK, CAssrus = PECK, SETH January Term,
BIsHor, and CAssfus p BRowN.-- J A. ID. 1910.
A r the present Term Of this court held a, Burling
IA ton, within and for the county Of Chittenden,
the Thursday next preceding the first Tuesday of jan
uary, 1910, Henry Mayo and Timothy Follci, both
of said Burlington, filed their bill of complan against
and John Peck, John H. Peck, Cassi,ls p. Peck Seth
Bishop and Cassius p. Brown, all of said Burlington,
setting FORTH that, on about the fifth day of January,
1882, the said orators, at the request of sand Brown,
signed note with said Brown and ono Stafford Ste
vens, as surces, given to the President, Directors g.
Company OF the Bank of Burlington, for the sum of
fifteen hlnnred dollars, which note re ,eivcd and
discounted by said bank Of Burlington that the
same fifth day of January, 1882, the said orators also
signed with the said Brown and Stevens, as s,recs,
al the request of said Brown three notes to Lydia FL
bridge and John NJ Eldrldge for S90O-each payable
respectively the first day Of January, in the years
1885, 1884 and 1885 that the said Brown, to
and indemnify said orators against said notes, and be-
fore payment Of any of SAID notes made, TO wit
on the 22d day Of May 1882 executed to said orators
deed of that date in due form of law, conveying to
said orators tract of land which the said Brown
then lived, situate IN said Burlington, lying Mud
dy Brook, containing, by estimation, about one hum
dred acres, on which there was saw mill, formerly
owned by Kelsey Gilmore, ana dwelling house, in
which the said Brown then lived, intending thereby
TO convey all the land TO said orators which the SAID
Brown then owned in Burlington THAT afterwards,
on the same 23l day of May, 1882, the said orators
executed TO Sau brown an agree'en' mnuer Sta, Gov
c"a"n9 'ntt ey Wouu eNcci'c W 'nc ,a'' ,''own u
from LYDIA Eldridge and John NJ. Eldrldgc to said
orS, oa'ea lhe MN uay ., 1ut ary io'|' s uoc,
u. l,ilu hlowh II. tnc si'n I m salu
burlington, any 'ia. S'lo o,".,; ~; Nv ~, Ny
scrled IN said deed from said Brown TO said orators,
II lno s' . n'o Nv 80, ,,;o L,,, a! H. a, III
ho,ls saV "I bail aIG n ,n sn;J nra,nrD nn,, ,
onc h,,njred dollars Ja,eI tho same oSd do nr Wn
iSso nni also nov, iii ro,os ~ ~ ,a, ioh ;hr 80
~ ,,,;;h, hornaf; .sr H., ascssai n al nror,;, al
homlJ ON, m c,, am, ,i,nlor m ,,ooJ on ia El l
10, nvc, bv The con cn, IF ,id or,,rs and ,ho ,be
nvais ,bme6r ,yer, IN Ic ,nnro,ria,cJ IN ,,ncn &c
~ 's @ go, i,I u. pl . W., " ~ t, ~, -
,,arjs oror oLo,, ,Lc ,,b J,,. or S,,,.vjar 1910
,t' n,,I u,or,n ,nJ .ni, ro,us o1 ,L, a., 80
i 1s,o ,d h ai na,, o s s,,
.,au5 n, s,i,,. C he n,,nom, nf oil .,s 10, ,hnn
. -, Il ~. ' i -. , ~, ' go ~; ~ p
WIZ " ,,, ~. c,a ali 1 n, ,
~ sab & r ~, a,u soo,o ,a smo.u
Ia, ,I oa,orS u,crc comncllci ,o anLIJ nav ~ ,he
aii iia mi Inhn NJ ,hn ni a ,ion ,,I, ny oc,,nJ
. =! ",u Nv, , c,,, w.. u y; ~ , w..
.'e & omJ " ', 'a nra,n .rn
W. W! ,sl a. all W., o ,.' Nv, i,,. -; ~; , o,oJ
a c..'a;j ~ s,,J bani, Of Rinnon IN ,brce ~
",,innn, '" Zoe bnnJraJ dnllnrn oah and do ;n,cr.
sa'','onts y Nv Nv Inv. ri w, 10: & -, '''u nv -
cs. ' ,c r"s. Vi ,Snn wa, a' 'o o
.le 2is. VI ,Ssu 'ooI.a' lresl1m,s ~ 'no io
" '' in 80, LII w I, JI 49, " IN, ~ VIZ IL;
ana John tosad orators VI s''hdry parcels, ana tai
the 18th Of January 1888 the said Brown and said
orators settled their accounts and all matters concern
ing the payments made by said orators as aforesaid,
and all Other matters between them and upon SUCH
settlement balance was found due from said Brown
TO SAID orators, of 6S5 &c. beng part and parcel Of
the amount paid by said orators to said bank of Bur-
linrlon and,o said lydia and John VI. for said Brown:
that the said Brown and sa id orators afterwards on the
tlav and year last aforesaid made an ndcnurc Of that
dale, signed and sealed by them, setting forth the
agreements sale of Elridsc land, and settlement aore
said and that said Brown in said inden,urc covenant
ed to pay said orators said OF Sl,GS5 80 with in
tercst in Sky days from the date Of said ndcnturc -
that it was further sci forth in said ndenure that said
orators then held three notes. dated April 80, 1885,
signed bv f. d. r. Mills, for 5000 each, made payable
from their date >pccvely, with Interest," and also four
other notes dated the 9th day OF june 1887, signed
by Chamcey Goodrich for SSl 25 each payable to
said orators or order, in the summers OF 1887 1873,
1889, and 1910, respectively with interest, all ofwhich
said notes OF said r.. d i. Mills and SAID Goodrich,
were taken for portion of said premises, decided by
sand John and Lydia TO said orators and by said ora
tors 10 said f. O. i. Mills and sa id Goodrich THAT said
Brown did, in said indenture release and forever dis
charge said orators from all clam by said Brown and
his assigns upon said orators Tor the conveyance OF
the whole or any part of SAID premises so decided by
said John and Lydia to said orators as aforesaid -
that said orators, on their part, did in said indcn,e
covenant that If the SAID Brown or his assigns should
well aud truly pay to said orators the snid sum OF
Si,o02 90, VIII interest tnereoi, wlihh sixty DAY,
llon. .ie oi nn,n &c. ; en sa'a orators you'd
INV! m IL ,h"r ,e and ;r'ara, r. ,bs al lanIf -"
Jaa'Il .aI Rrou,n IN saiI orators n, ,he ooJ day
oc Wau ,Sao ne ,tnrosa;d and would aS.i%n ana
W. - "a1 Broun Inv ,5sir c,dor. emen, vi,hn"
n.' " I'D noes agaii,s, said r. g. r. Mil and
al G@ddr;ch or o,her,,;.e account 10 said B,o,vu
hnroGor pror;dsI that if said orators fnr tho mr..
nn'e o rener;nC so, deed from said Brown 10 hem
pva;lahe should he ohligea 10 nav anv incumbrnnce
ex.,'n@ mon the nremises thereby c6nvcveJ at III,
da,e 81 aJ h.eJ ,bnn tho so;d Hrou,n :ho,J M,
so;d orators he nmount bv them Maid and ;n,crr.i
IeGn said orators should he Lo,nd n om;, oInin a.
above stated ,be land 50 convcvri IN. aJ Rrow,n +,
son oro,ors. ,ba, s,iJ un, ~ 9, icoS % had not
been naI Inn, ,bn, said orators had c0iIrrei Two
no ,d,eS yyor Lv aiI + g. n Mil. fnr ooo .,ch :,
laid orator. and oo ,,vo If ,hc no,n, ,i,co L,, S,i
Goo5r,rb ,o aid orators for sal o. Zach ,yhi n,n
so coiIec,cd we're "a Le d.,lnr,r from, SAID .un n
| 3, GS5 2o.-,,a, sand Brovn aGerrarJ. on ar abon
H., o,on,b dav oC Anril IsaS I i,J 'of ,nrran,,.
nnn,.od ~ Iel R'bnm' y;,b Io. IandS In, 81,
i creS or ,h, land ~ dnIi j' d Ron ~, ~
$500 ,ba,NaJ I, W., w. =! r''' ,,',i, W w., -"
Anil ,ssa mor,aogcj the same GG'.iv acrcI Of IAN,
.nbpL - 49,, H. ~, 20 III 81 ''. >. NV
W w.,v' '' NJ bn or ,I, w. c. 5000 p!
VI io pi -, va LII n '',o w. 10!
GUY I =! % t,op, 1o, . oM" II, WV wv '',I
" "n 'J lima ,oaS n.y., 80. oi wv
,.n. ErysoJ - Jcb, Pe,, Ihn II pI. aai Wa' CIV
| u pi III -; ,ho ,J r,, 80 "" n''o NY ~
|