Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1840-07-10
IN ClIANCERY.
HsNRr MAYO & TIMOTHY FoLLErr !


hhNk MAYO & TIMOTHY FOLLETT | JIftTTENDrN
COuNry Su-
SAMUEL r. DnowN, JouN PECK, SpnrmE CouRr,
Join liz PEoK SAssius 2 PECK, SETH January Term,
BISHOP, and CAssiUs p. BRowN.-- A. u. 1870
AT the present Term of this cour, held n, Burng-
~ ton, within and for the county Of Chlticndcn, ON
the lrday next preceding The first Tuc,day Of jan
| uary, 1910, Henry Mayo and Timothy Follct,, both
OF sa'd Burlington, flied their bill Of complaint against
samuel H. Brown, Of Rome in the stare OF n. York,
and John Peck, John II. Peck, Cassis r. Peek, Sc h
Bishop and Cassiils p. Brown, all Of said Birlington
setting forth, that, on Or about the if day Of January,
1892 he said orators, at the request Of sand Brown
signed note with said Brown and one sa ford SIC.
venS, as sllrccS, given to the President, Directors g.
Company OF the Bank of Burlington, tor the sum Of
fifteen hundred dollars, which noe was received and
discounted 10y said bank of Burlington; that the
same fifth day Of January, 1882, the SAID orators also
signed with the SAID Brown and Stevens, as surclics
al the request of said Brown, three 10 Lydia FL
respectively on the first day Of January, in the years
1888, 1884 and 1885 that The said Brown, TO sccurc
and indemnify said orators against said notes, and be-
fore payment of any Of SAID notes was made, to wit
ON the 22i day of May 1892, 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
drcd acres, on which there was MILL formerly
| ownol ~ Kelsey Gilmore, and dwelling house, in
which the said Brown then lived, intending thereby
to convey all the land to said orators which the sand
Brown then owned in Burlington ;--that afterwards,
on the same % day Of May, 1882, the said orators
executed to sad Brown agreement under seal,
euaniing that they would execute 20 the said Brown
quit claim decd OF certain premises described in deed
from Lydia Edrlge and John NJ Elrdge 10 SAID ora
tors daed the fifth day Of January 1882 Icing tract
OF land known as TIE Eldridge farm, situate in said
Burlington, and that sad orators would also convey
10 sad Brown, by deed Of quit claim, the premises de-
scrLej IN said decl from said Brown TO SAID orators,
| ifthe said Brown should well and truly pay the said
| notes given TO said Lydia E,drdgc aud John NJ. FL
drudge, and should also pay to said orators Tor
one hIndrcl dollars, dated the same 22l day OF May
1892, and also pay all rates taxes which then were
or might thereafter lie Assessed said premises, and
should omit cut any timber or wood on said Eldri1pc
lot except by the consent Of SAID orators, and then the
evaiIs thereof TO lie appropriated IN payment Of
sad note or notes. Wheeler due not that afer-
wards, on or about the 18Th day Of Septcm! 1892,
the SAID Brown and said orator, agreed that the SAID
deed executed hy sad Brown TO said orators should
stand a' security for The payment Of all sums tia, then
were might thereafter Decomc duetirum said Brown
| 10 said orators for all moneys and goods that she III
lie or had ecn furnished by said orators TO said Brown;
that sad orators were conpellclo, and did pay to the
SAID Lydia and John NJ the said three note, executed
by the SAID Brown and S;eYcn, and said orators when
they sc9cray became due; and that said orator, were
also compelled to, and did pay the said note, executed
as aforesaid, TO SAID bank of Burlington IN three in
stalmcnts of five hundred dollars cach and The inter-
thereon, the last Of which n>,aImcn,s wa, paid on
the 3ls Of Deccmbcr 1S32-hat prcvlU,i, to the IL
of January 1885, the said orators, with the consent
Of SAID Brown, sold the land decided by the said Lydia
and John 10 SAID orators in sundry parcels, and that
on the 18Th Of January 1888 the said Brown and said
orators settled their accounts aud all matter, concern
ing the payments made by said orators a, aforesaid
and all other matters between them and upon such
settlement a balance was found due from sad Brown
to sand orators, Of s6S5 80, beng part and parcel Of
the amount pad Dy SAID orators to sad bank Of Bar
imgon, and TO said Lydia and John NJ for said Brown
that the said Brown and SAID ors, afterwards on the
day and year last alorc lad, made lnlcnuc Of that
dae, signed and sealed by them, setting forth the
agreements, sale Of Eldrec land, and settlement aorc-
said and that said Brow IN in said ndenure covenant
ci to pay said orators said sum of Sl,G5j 80 with in
terest in sixty days from the date Of sad ndcn.urc -
that ii was further set forth in said ntn,ure that SAID
| orators then held three no:e-, dated April 80 1885
sgnel ly f. ~ +. Mills, for 5000 each, made payable
to SAID orators order in two, three and four years
from their dale respectively, with interest, and also four
other NOES dated the 9Th dav OF jane 1887 signed
by Chaunccy Goodrich, for SS 25 each pa ,atlc 10
said orators or order, in the summers Of 1887, 1885,
1889, and 1870 respectively with interest, all OF which
said notes of said L. & r.. Mills ami sail Goodrich,
were taken for portion OF SAID premises, decided /
sad John and Lydia to SAID orators, and 10y said Cra
tors said f.. & T. Mills and said Goodrich ;-,ha, said
Brown dd, in sad IndenIre, release aud forever dis.
charge sad orator, from all clam by sad Brown and
his assigns upon sad orators, for the conveyance OF
the whole any part Of sad premises so deejeeI by
sad JOHN and Lydia to said orators as aorc .aid =;
that said orators, their part, did in said in tenure
covenant that if the said Brown or his assigns should
well and truly pay to said orators the sad sum u
SlG3j 80, with interest thereon, within sixty day,
convey SAID Brown or his assigns, BY deed Of qu
claim, all their title and interest IN the sad land SC
decided by SAID Brown TO SAID orators on the 22d day
/ OF May, 1882, as aforesaid, and would assign ant
transfer sad Brown, by thor endor. emen,, without
recourse, SAID notes against SAID T.. & T. Mills, anc
said Goodrich, "r othcrv i,e account 10 sad Brown
therefor. PrOridcG that if SAID orators for the p1r-
pose OF rendering SAID deed from said Brown to them
available, should lie obliged to pay any ncumbranct
existing upon the premises thereby conveyed, ut the
date Ct said deed, then the said Brown should pay
! said orators the amount BY theta paid and in'ere.
before said orators should lie bound TO quit clam, a,
above stated, the land so conveyed by SAID Brown
, said orator. that said sum Of 1865 SO had not
been PAID but that sad orator, had collected two
the notes given y said f. & T. Mills, for 200 ea"h ,c
said ora or and also two of the noes given 10y sal;
Goodrich 10 sad orators for SS 25 each, which sum.
/ 50 collected were TO lie delucel from said sum Q
Sl,6S5 SO that sand Brown afterwards, on or abou
the seventh day Of April 1888, hy deed Of warranty
conveyed 10 Joel Bishop with other lands about fifty
six acres OF the land 80 decided ly said Brown >ai,
orators; that SAID Joe, on the same seventh day
April 1885, morgagei the same ihy.x acres Of lane
with other land 10 said Brown, secure The payneu
OF four notes OF hand OF that date for 1922 each, pay
e able by said Bishop 10 SAID Brown in one two three
and four years from date respectively tina, on the
18Th day OF June, 1888, the sad Brown assigned
}, transferred 10 John Peck, John II. Peck aud Cas>iu
J. p Peck all his, the SAID Browns in crest in ad mort
gagged premises and that the said john John ii. am
!, Ca>>il> p claimed to hold The same that III
g. 23l day Of Novcm er, 1888, the SAID Samuel r. Brown
!. sold and conveyed to Ca>>Is p. Brown, by deed O
warranty, the remainder of the land conveyed h
said Samuel K TO sad orators and that said Cas- usP
Brown, the same 23l day OF November, 1888 mort
l. gagged the same land conveyed by said Samuel r. t
If 10 SAID CaSss T. Brown, TO said sam ell r, 10 secur
+ the payment Of four notes Of that date three for SIS
n each, and interest, payable by said Ca>S,s p Brow
I to SAID Samuel r. respectively, on The lst day of Jan
uary in the years 1910, 1871 and lSi2;he other 70
20 $3.50 aud interest, payable the first day Of Januar
ID 1913 and that sad Cas,irs p. Brown claim, an in
l. ,ere>t in said land THAT the 25rh day of June
If 1885, the SAID Joel Bishop sold and conveyed to Set
Bishop all the land conveyed by sad Samuel r. to sal
ID Joel, and that SAID Seth CLAIMED 10 have interest
said land, and praying this court TO decree that the sal
Samnc II. John, John Ill., Cassiu> p. Peck, Seth Dish
op AMI Ca>s'ls p. Brown be dccreel 10 pay the ia
r. due said aforesaid and interest 10y
le short day TO he appointed by tins court, and in deal
thereof that the ,ali Samuel r., john John H., Cas-
SINS p. Peck, Sch Bishop, and Cas>iu, p. Brown an
all persons claiming under hem may he forever fore
s closed from all equity of redemption claim IN and
a. SAID premises so decided 'y said Samuel r. to said ora
~ tors as aforesaid and every par, thereof and of
= claim upon SAID orators re-decd the same, and Il
f,rh her relief according 10 equity and good conscienc
70 And notice OF sad bill of complaint having lecn legal
~ ,eryed upon said John Peek, John II Peck Cassius
~ Peck Sch Bishop and CassiuS r. Brown and the
having neglected. TO appear and answer The same Il