Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-06-30

a sad n,nr,s.rr deed the ,ssId John n 10
formed the said 1h,m and the orator tat
he bsd bought the right snd shsfeef the
sad Cstbstioe aforesaid, and that he was
IN trust iot the purchase Of the shares Of the 9th
81 heirs, and "a consequence Of sad purchase
and SAID representation, the said Thomas before,
and the otsior since the ASST nment Of said deed
induce 10 delay the collection OF said notes
until large amount of interest had accrued, and
the said real estate was toadeguaie 10 secure me
sums due aforesaid that, al the ti,ne OF The
pure hasc froni the said H,rsm and Cathsrine and
OF the execution oi the "a d decd, the saih real
estate was not divided among the be'r' oil the
said Nathan, deceased hat the Probate Court
fof the District Of Rutland, on The 9th Gay OF
March l-Sp. appointed a committee In divide said
estate, which committee reported that said estate
could no, be DIVIDED without material injury to
the same and ,hcr-upon said court on the lst
day Of Aprl ls:i9 did decree the whole Of said es
iste 10 the said jonathan upon the said Jonathan 5
securing 10 be paid 10 the other heirs the value
Of their respective shares /, in pursuance Of which
decree the said Jonathan procured the said Sen
eca and Nathan Smith. 10 execute TO the sa d
John II. Naih,n, Hauy, Hiram and Ca,barine,
Tour promissofy notes 10 ch OF the nae heirs
for The sum Of $3.50 ca, and 10 the said Hiram and
Ca,harine for SiB3i, which notes we're deposit.
ed in the hands of John Vail Of said Dandy. Tor
the benefit ofsaid heirs that the said Jonathan
and John II. 10 dvfrsud the orator and prevent
the collection rf said notes, did pretend that the
said Jvha II. was indebted 10 the said Jonathan
in large sum, and did, on the 26lh day Of March
! 1859, submit their unsettled accounts TO the de
cislon OF John III. Vail, and on the same day the
said Vail awarded to the said Jonathan the sum
OF 81 i46,33, as due from the said John n upon
which aware the said Jonathan on the 18th day
of April 1880, commenced a suit against the said
John ". returnable to ia County Court for the
county okRu,land on the % Tuesday Of Sep.
TENDER ls33, and summoned the said Seneca, Ma.
than smith, Nstbsn Hiram and Catharine %
Trustees 81 the said J.,bn II. to enforce the ].
lection Of said notes in sat isfacton Of said award
that the I'd John II. was not indebted TO the d
jonathan on the Goth day of March 1899 thai the
said submission and award were fraudulent ,
that IL was agreed between the said Jonathan and
John n that the said award shoul d not be con
sidered debt due from the said John II. to the
said Jonathan; and that the said John II. is d.s.
tIu,c Of property except his interest in said real
estate.
| Aud Praying, that the facts may be inquired
into and that the said I'm n. Jonathan, Hiram
and Cailarinc, Seneca and Nathan J. may an
swer on oath to all the matters before stated that
the said court would decree that the said iona.
than be e. joined against prosecuting his suit
azores id gainst the said Seneca, Nathan J. Har.
~, Hiram aud Catharine as trustees OF the said
John II ; and that the said Seneca and Nathan J
psy the amount Of said notes so executed a.
aforesaid. or So much may be found due from
the rnid john u. on the several notes Uwned BY
the orator, &c.
The usua process of subpoena having been
granted aud the said John II. Weller residing
without this state, and not having been notified
OF the commencement Of said BILL il is ordered BY
the cour, that he be notified thereof, by publish.
ing the substance ofsad bill with this order, in
the Rutland HeIsld printed al Rutland three
weeks successively, the last of which 10 be at
least not less than twenty days previous 10 the
ne II term of this court 10 he held nj RutIans nm
the I'd Tuesday Of September A. d. 1910, and
day thereof was given
F. W. HOPKINS, Clerk.
r. PIERPOlNT, Solicitor Tor Orator. go;