Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-02-18
Rufus GllbeIt,

Uhereas, The Congregational Society of Poult-
ney in the county of Rutland aforesaid, have, at
the present term, filed their bill in chancery j.
gainst Rufus Gilbert of Troy IL the county of
Rensselaer, an St0te OF New Yord, Stating that
Jesse Harris, Paul NJ Ross, Anon Bailey Chas
Scott aud Alcoti Sherman, all Of Poutncy aiOre-
said, having, as suteiics for one Phip r. Grain,
signed certain promlssory note, dated 2lth De-
to5er \. ID. 1881, for the sum of $4,000 payable
to one James McDanies in one year from date
with interest, the said Grain, in order to indem.
nifty the said sure,Ies from any loss or damages
that might accr re to them for having so signed
as aforesaid, aferwar Is executed to the said Use
Sc, Paul, Anon. Charles and Alcott a mortgage
deed, cOnd toned for the paym mt of said note,
dated Both March A ID. 1884, of certain real ts-
tate, situate in said Poultney and described as
follows, to wit, being the same piece OF land and
tenement which the said Grain then occupied,
a d is situated on the south side of the highway
leading from East 10 West POultney, and bound
ed on the east and south by Tolman Richard 5
land and west on Moses Moves Rouse lot, con.
tanning house, barn and two shops standing
thereon that on the 20th May A. ID. 1884, the
said Grain paid the interest upon said note to that
time and the um of Si7,43 principal, and after
wards abscon ed 10 parts unknown; that after
wards, TO wit, on the l4th Jan. iS36the said sure
ties were compelled by due course Of law TO pay
the remainder of sad note amounting TO the SUN
Of S27 90 and the sum OF - 20 cost OF suit, by
which the said mortgage premises became abso-
Lutte in th IN and that the said Harris, Ross, Bal
lev, Scott and sherman, on the l4th Jan. A ID
lo3G assigned the said mortgage premises 10 the
orator. the sum aforesaid then fcnaining unpaid
That the said Cram being Indeh 10 the ora
tor IN the suni OF @3lo'oo sP"cihrd "a i"ur prom
isaofy notes. three Of which dated LIST April a. ID
1894, two for the sum OF s 800 each, and one
Tor the SUN Of So, 80 aud another note dated II
Dec. l-ll for 50 80; and 10 secure the payment
OF said sum, the sad Grain executed to the orator
mortgage deed, conditioned tor the payment OF
said notes, Of tie same premises before described
subject 20 the mortgage deed beiore described
the said oies siili remaining unpaid That the
said Philip Grain, on the 10Th Sept, 1850 execu
ted a deed Of the sam premises Il on Hiram
Grain. and the said Hiram, on The 1th NOV ED
conveyed nll hs ihe said lIirams night 10 tue
same premises 10 the orator.
Jhaton The 2!i Avg ls3i, the said Grain exc.
cuied ~ Rufus Gilbert Aforesaid deed OF said
premises. subject to the mortgage deeds 10 the
orator aud 10 IA" said Harris, Ross Bailey Scott
and Shrrmsn, CONDITIONED for the payment Of the
I sum Of 500, 30. by which the SAID hoius brcame
seized 81 The rgh, in equity 10 redeem said prem
ises and was IA daty bound to redeem the same
And Praying. that the said Rufus may be de.
creed to pay the orator the said sums of money
due with the interest, together with the orator
cost and 10 default thereof, that the SAID Rufus
be forever forcelos Of his right Of redemption
in the sad premises
The usual o ocsss Of subpoena having BE- en-
granied, aud The said Ruius Gilbert residing
without this state, aud not having been notified
| Of the commencement of this h,l, II is ordered
I by the court, that be be notified thereof by pub
lishing the substance ofssid ball, with this order
m the Rutland Herald, printed al Rutland, three
weeks successfully, the last of which 10 be a
least Eve weeks previous 10 the next tefm Of hi
court 10 be he'd al Rutland tioiessid on the sec
ond Tuesday OF April NEXT, and day thereof Wsi
gwen &c. -
JANts s. HAEKi,, Solicitor. 10