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

John n. Weller, iona. Weller, Nathan
Weller, Harry Weller, Seneca Smith,
Nathan ]. Smith aud John Vail.
HA,r,es. James McDanicis of DANNY In the
county of Rutland aforesaid, has filed his bill in
Chancery against John II Wellst, Jonathan
Weller, John Val, Seneca Smith and Nathan J.
Smith all OF Dandy aforesaid and Nathan Weller
of finmouth 10 said county, aud Harry Weller
late OF said Dandy, Nstisg, that On the 7,h day
of August A. ID. ls1i the said Iohn n Weller
was indebted TO ore Thomas MoDauiclr then Of
said Dandy In The sum Of S7tI - specified In
three pfomissoty notes, one dated 3vth March
I-3l for 5000 payable TO the said JAMES Mo
Daniels aud signed by the John n. Weller and
Rhoda WelIer-oae dated gath July 1854, Tor
$4,000 payable to III. said Thomas NcDsniels
10 rftomllst o, Jan ls;l5 with in,crcat annual
iy--and one note dated 2ith July ls.a for $l44,
~, payable 10 the said Thomas or ordet on IL, Of
Jan. le.S with interest annually - that 10 secure
the paymen N, oi said sum the sad John II Wei
Ter executed TO the said Thomas deed Of mort
gage, conditioned for the payment of SAID notes,
of the day and year fret above mentioned, OF Ger.
tain real estate situate in Danny aforesaid, boun.
ded wet by Harris OTIS, sou'h by Harris OTIS,
iona We Her and Abraham Locke, cas-, by VIM.
uerrick, Isaac Southwick, and widow Mary
Palm.:, north by Edward Vail Jr. and Ira Vail,
contain no GO acres being the same land on which
the said John then lived, aud the same land That
descended 20 him, said John and his two brothers
Nathan Weller and Harry Weller, from their
mtber Nathan Weller late Of said Dainty deccss
ed, the sad John having previously purchased OF
the said Nathan and HAIRY their shares aforesaid
/ That on the 9Th day of October A. d. 1887, the
said sum OF money being wholly unpnd, the sd
In mas did convey and assign 10 the orator tho
said mortgage deed and notes, with all the inter-
est of the said Thomas in the same. That the sd
mortgnged premises being the estate of the said
| Nathan Weller deceased and the said John II.
| Nathan aud Harry, with several others being heirs
Of the said Nathan deceased, had never been di-
vided, and the estate Of sal Nathan had never
been settled until the Iih day of March A ID.
1889, when the probate court for the district OF
Rutland pp0ned a committee to divide the snme
which committee reported that said estate could
not be divided without material injury to the
! whole the said court did therefore, on the lat
day of August a ID 1899 decree the whoe Of said
estate TO Jonathan Weller all heir OF the said Ma
| thaa deceased, upon the said Jonathans securing
to be paid 10 the cobers thereof the value Of their
respective shnr,s and in pursuance OF said decree
the said Jonathan procured Seneca Smith and
Nathan J Smith of said Dandy 10 execute their
notes TO the John III Nathan and Harry, each for
the of $2G6, Ga, deposi,ed in the hands of ono
John Vail of said Dandy for the beneh, Of those
legally entitled TO the same. That the said John
II. Weller is poor that the principal security Of
the orator for said sum specified in snd mort gage
deed and the interest, all Of which remains I'M
paid, was the lien OF the orator on said moitgaged
premises, and that the said defendants will not
consent that said notes in the hands the sd Vail
shall be delivered to the orator, to be applied in
part payment Of the sum specified in said mort
gage deed
Aud prays, that the court will consider his
case and inquire into the facts &c. and that the
, dete ndants may make full and direct answers I,
all the matters charged that the said Vail b,
erioiued from delivering the notes of the sale
Smiths, that the said Smiths be enjoined fioI
paying said notes To any other than the orato
until further order Of this court that the said Jobt
II. Nathan and Harry be enjoncd from receiving
payment Of said notes that the court woult
decree that the sal Vail shall deliver said note
10 the orator that the said Smiths pay the amour
y of said notes TO the orator in part satisfaction
said SUN specified in said mortgage deed and tina
the orator may be further relieved in the premis
es according to equity and good conscience.
The usual process of subpoena haviog beer
i granted, and the said John " Weller being with
out this state, and not having been notified Of III,
n commencement Of sal bill, IT is ordered by the
court that he be notified thereof by publishing tn
= substance of said bill with this order three week
Is successfully, in the Rutland Herald, printed q
81 Rutland, the last Of which to be FIVE weeks pre-
vious TO the next term Of this court, TO be holde
L. at Ru land aforesaid on the I'd Tuesday Of Apr
next. And day thereof was.giveb, &c.
r. w. HOPKINS, Clerk,
r. PiEhroIsT, Solicitor for Orator. 70