Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-06-23
James Mechanics

nNaMn
Rutland county, IS. c,,s
James Mechanics
Jonathan Weller, John n r.
Ter, Hiram Wordcn, Ca,.,
Worden, Seneca Smith and
than j. Smith.
Vhueas, James .McDaniels Of p..
county of Rutland aforesaid h,. a,
term, filed his bill in chanccty ,,,,, Wv y
Weller, John II, Weller, Seneca So, ~
than J Smith Of Danny Aforesaid
Worden and Catharine Worden W.T. ~.
ram OF Iihmonth in said county. So,.
the 10Th day OF March 1889, the $50
Weller was indebted 10 the ura,o, IN 20
of money, specified tin three ptorn,,sHa
one dated 2Oth March 1871, for sqCc.G
to the orator. one dated cath Jul, ls9i
payable TO Thomas Mechanics or n,I.
year from the LIST day January ,sgs
nuol interest, one dated oath July lssi
10 TIE said Thomas or order, on III, - ~
January 1885, with annual in,ere, ~
two notes were before that time indo,,9 !"
said Thomas to the orator and h.
payment of aid sums the said John ~
the 9TH day of August 1884, execpteS.S
Thomas deed Of mortgage, of III, s,..
shares Of the said John n Harry md ~
the real estate whereof their lathe, N,h,.
Ter late of said Dandy died seized .Lat
deed hal, before the said 26lh dsy Of ,,,oI
been assigned by the SAID Tharsa, 10 Me a.,
tina, ,hc said John ii. had pteviou. No III, \
culion OF said deed, purchased o, The ua
than AMI Harry their respective skates Of as
estate, and had, before The said 9th o,y Of n,
ls3G, made a contract with the SAID Cali
(slster of the said John II aud the sad
her husband, for the purchase Of her share
saiG Iealesta'e, and had PAID TO the sad
aud Catherine the amount of poroh,r ma,
greed upon between them and the sad n
ard that previous TO and since the .,.,
Of said mortgage deed the tsald Don,
formed the said Thunas and the o,,,
he had bought the right and ,h,,,j
said CathariDe aforesaid, and That h J
: In trust Tor the purchase OF the share, an, J
er heirs. and Ia consequence of said ~
and SAID represen NATION, the said Tb,n', NJ
and the orator since the assignment, Of ,J :,
were induce d 10 delay the collection Of 49,
until large amount Of interest had ae,v,. II
the said real estate was Inadequate IN 800. \
sums due as aforesaid that, al the X, ~
) purchase from the said Hiram and C,sv,N
: OF the execution OF the sa deed, The IA VI
estate was not divided among the be, d NJ
said Nathan, deceased; hut the prohle "a
for the District of Rutland. on III, an d.,
March 1889, appointed a committee to d,,t,
estate, which committee reported thai ,ad /,
could not be divided without material eig
the same and iher-upon said court on In
day Of April 1899 did decree III. Who'll. Of sll
tate TO the said jonathan upon the said JonuAal
securing 10 be paid TO the other heirs The vi
. OF their respective shares in pursuance Of VII
decree the said Jonathan pro cured the sad y
eca and Nathan J Smith. to execute to the q
: John II. Nathan, Harry, Hiram and Caihan
four promissory notes 10 ch of The nae he
for the sum OF $1,000, andto the said Hiram =
: Catharine for 1888 "a, winch notes were drpo
ed in the hands of John YAH OF sa,d DANNY
the benefit of said heirs that the said Jonsa
and John Ii. to drfra nd the orator and prsr
the collection IF said notes, did pretend Thai
n said John II. was indebted TO the sald Jonu
I. IN large sum, and did, on the 2eh day IN'
a 1859, submit their unsettled accounts 10 h
cision Of John ii. Vail, and on the same di
said Vail awarded 10 the said Jona,h q lh
OF y 1868, us due from the said John v
which award the said Jonathan on III. III
OF April 1889, commenced suit nghlns III
e John II. retHrnable to tn County Coua d
y county of Rutland on the Cd Tue,da, II
i;mber 1879, and summoned the said Sfrs
than }. Smith, Nathan, Hiram anu Nst~S
trustees of the said I'm II. to enforce ID
lection Of said notes in abstraction Of SAD
that the Said John II. was not indebiedDB
Jonathan on the 2Gth day OF March lSlg
SAID submission and award were lnas1
that it was agreed between the said Jonaiz
John H. that the said award should no, b |
= sidered debt due from the said John u Il
said Jonathan; and that the said John u :
!, tl:u'e Of property except his interest 10 81!
:, estate.
r And Praying, that the facts may he Il
/ into and that the said Jim ~. Jonathan
and Catharinc, Seneca and Nathan J. III
: swer on oath to all the matters before slit
> The said court would decree that the ~
= than be efjoiDed against prosecuting
i azores id against the SAID Seneca, NaIban
y ~, Hiram and Cntharine as trustees Of
: John ii and that the said Seneca and Nj {
. pay the amount Of said notes so rNo
e aforesaid, or 50 much as may be found
y the rnid John II. on the several notes ("
e the orator, &c.
The usual process Of subpoena faui
;, granted and the said John II. Weld y
without this state, and not having been
u Of the CONNIE cement of said bill il Is Gde
y the court that he be Lotified Thereof BY "
u ing the substance Of said bill with this OF
q the Rutland Helald printed at Rvuh'
J. weeks successfully, the last of which
least not less than twenty days peVIoO'
9 next term Of this court TO be..b-ld at hol,i
nf .haf A