Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-06-16
James Mel Daniels

80 "
than J. Smith.
Wheeas, James .McDaniels of Dandy, in the
county Of Rutland aforesaid has, at the ptes.ni
term, filed his oil in chancery against Jonathan
Weller, John III. Weller, Seneca Smith ana Ma.
Than J. smith OF Dandy aforesaid, and Hiram
worden and Catharine Wordcn wife of rsid M.
ram 81 Tihmouihl IN said county, Stating. that on
The Goth day OF March 1899, the said John n
Weller was indebted l. the orator in divers Sums
OF money, specified tin three ptomissor, notes,
one dated 2)ih March 1881, Tor SyG.G7, payable
10 the orator, one dated oath July 1884. for $500
payable to Thomas McDaniels or order, in one
year from the LIST day of January ls35, with an.
nual interest, one dated 2ilh July 1884, payable
TO TIE said Ihomas or order, on the lst day of
January 1915, with annual inieres., which, last
two notes were before that time indorsed by tn.
said Th"nas 10 the orator ; and 10 secure the
payment Of laid sums the said John II. had, ON
The 7th day of August 1884, executed TO The said
Thomas q deed Of mortgage, of the undivided
shares of the said John n Harry and N ,tIan In
The real estate whereof their father Nathan Wei.
Ter late Of ssid Dandy died seized, which said
deed la !, before the said 2Gth day of March Io3D
been assigned by the said Thomas 10 the orator (.
that the said John II. had, previous TO the exc.
cution Of said deed, purchased OF the said Ma.
than aud Harry their respective shares OF said real
estate, and had, before the said 10Th oey OF March
1886, made q contract with the said Calbaiinr.
(sIster Of the said John H. ard the said Hiram
her husband, for the purchase ofher share in the
said real estate, and had pad To the said Hiram
aud CstbariDe The amount of purchase money a.
greed upon between them and The said John IA.
ard that previous to .and since the assessment
OF said mortgage deed the ,said John "A. in
formed the said Thomas and the orator tint
he had bought the right and shareof the
said Cathnripe aforesaid, and that he was
in trust for the purchase OF the shares Of the 9th.
er heirs, and IN consequence of said purchase,
and SAID representation, the said Thomas before,
and the orator since the assignment of snld deed
were induced TO delay the collection of said notes
until a large amount Of interest had accrued, and
the said real estate was inadequate TO secure he
sums due as aforesaid that, at the iiGie oi the
purchase from the said Hiram and Catlarine and
Of the execution OF the sad deed, the said real
estate was not divided among the heirs of the
said Nathan, deceased; but The Probate Court
for the District of Rutland. on the 4ih dny Of
March 1c3o, appointed a committee 10 divide said
estate, which committed reported that said estate
could not lie divided without material injury to
The same, and ,herrupon said court on the Isl
day Of April 1889 did decree The whole of said cs
tate TO the said Jonathan upon the said Jonathan q
securing to be paid to the other heirs The value
Of their respective shares in pursuance Of which
decree the said jonathan pro cured the said Sen.
eca and Nathan J Smith. 10 execute 10 the SAL
John II. Nathan, Harry, Hiram and Catharine,
four promissoIy notes 10 e ca Of The mae heirs
~ Ahc SuiH VI = -'Nfb1, htu 10 Tue SlIu IL ram unu
Caiharine for $i33 81, which notes were deposit.
ed in the hands Of John Vail Of said Dinay. for
the benefit ofsnid heirs that the said jonathan
and John II. to defraud the orator ana prevent
the collection ri said notes, did pretend that the
said John II. was indebted 10 the said Jonathan
in a large slm, and did, on the 26ih day of March
1889, submit their unsettled accounts TO The de
cision of John II. Vail, and Oh the same day the
said Vail awarded to the said Jonathan the sum
Of 81 l4O 80, as dus from lhe said John II upon
which award the said Jonathan on the 18th day
OF April 1880, commenced a suit against the said
John IL. retUrnabIe to tn County Court for the
county OF Rutland ON The ~ Tuesday Of Sep
ien'bcr 1889, and the SAID Srntcs, Ma.
Than }. Smith, Nathan. Hiram and Caiiiarine Bs
trustees Of the sad } I'm II. to enforce the c T.
lection Of said notes IN satisfaction of said award
that the sid John II. was not indebted 10 the sd
Jonathan on the 10Th day ol March lo59; that the
SAID submission and award were ifaIduisni
that IL was agreed between The said jonathan snd
jain II. that the said award should not re con.
! siderrd a debt due from llc SAID john IT,. to the
SAID Jonathan and that tbs said John u. is DIS.
i;uie Of property except his interest IN sad real
estate.
And Praying, that The facts may lie inquired
into and that the said John ~. Joi atban, Hiram
and Catherine, Seneca aud Nathan J may al
t~er on oath 10 all the matters beior. sistcd that
The said couft would decree that the ssid Jona.
ulsn be e joined against prosecuting his suit
AZORES ,id against the satd Seneca, Nathan }. Haf-
~, Hiram and Cai9sfinr as trustees 81 ihs SAID
John II and that the ssid Seneca and Nathan j
pay the amount Of said mites 80 executed 0s
sforessid, or ~ much Is may be found due from
the said john H. on the several notes ow.sd by
the orator, &c.
The nsusi process Of subpoena having been
granted aud the said John IA. Weller residing
without THIS state, aud aDt having breB notified
OF the conniencement Of sad bill, ~ h. ordered b,
the court that lar b. Hoih~d Thereof by publish
iag the substance Of said bin with tits order, ia
the Rutland Head pfintrd Al Rutland thee
weeks sueeessssly, the last Of which 20 be a.
least ~ hess tnan twenly d,ys pes aIus 80 the
neat term Of this e"un 20 bF.h-ld 81 Rutland on
the "a Tortday Of septsulbrf 4. ID lsip, ord
day thereof Was giv-a
D " HOPKINS, Cloi
X. PlEkfoIAT, Solicitor Tor Ors.cf. @l%J