Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-02-12
In Chancery, Chi,tenden
County, January 8, A. d.
l84l.
NV s, Law.
ELIZABETH BIoEiow,
GEoRaE II. BIaELow &
LAWRENCE q. BioELow,

ELizABrTH BIortow, In Chancery, Chittenden
G asssss H. si Ssss,S County 'rsIry
Henry W. i Forw,s, al, WH ltaf. e. s. nrw
and Elizabeth Bigelow his wife, both of Buckingham
IN the province OF Lower Canada and George Henry
Bgeow of the same place, an infant under the age Of
q years, who comes by his father and natural guar
dian Lawrence g. Bigelow, have, by their solicitors,
shaw and Weston filed their bill in chancery, before
the chancellor of the third judicial circuit in the State
of Vermont and TO be heard at the session Of said
court OF chancery next TO be holden at Burlington,
within and for the county of Chittenden, on the last
Tuesday save one Of March next, against Henry w.
Potwin, late of Burlington aforesaid, now of Zanes-
VILE in the stae of OHIO. Edward E. Evans, Henry |
Mayo and Oliver g. Sweetzcr all Of Burlington afore-
said and Joseph r. Williams and Lucrctia s French,
both Of Weathersfied, IN the county of Windsor and
state of Vermont therein stating that the said Henry
W. Potwin on the 3ls day of October, A. d. 1889, |
being justly indebted to the said Elizabeth and George
Henry in the sum of twenty five hundred dollars, |
specified in promissory note of that date, for said
sum Of twenty-five hundred dollars, signed by said
Potwn and made payable in four years from is date,
ment of said sum of money and the interest thereof
he the said POtwln, by his deed of bargain and sale
signed with his hand, sealed with his SEAL and ack-
nowledgcd and recorded in due form of law, on the
same Bis day of October 1899 aforesaid did give,
grant, bargain, sell, alien, convey asti confirm unto
the said Elizabeth and George Henry, the following
described pieces or parcels Of land situated in said
Burlington to witt Lots No 60 and 70 in the Sh diy-
tract of land containing ah VI acres, being part of
lot No, IS of the % acre lots and being the same
land which was conveyed by the Rev. Daniel Haskell
to Stephen Mix Mitchell BY deed recorded in the 9th
book for recording deeds in SAID town of Burlington
pages 81 and CO. Also the north half of lO3 acre lot
No 40, being pnr, of the right Of land which was re-
served in the charter Of said Burlington for the first
settled minlser-Also the whoc of tina, par, of the
undivided land in the town Of Burlington which lies
at the mouth Of Onion River, and bounded as follows
to wit; beginning at the north west corner Hundred
RI n M e1tI fntNn ftnn%
eastery in the line of said lot No 49, to the corner Of
a part Of twenty-thrce acre 10, No le-thence on
the westerly line Of twenty-three lots No ls, SO
and TO- 10 the bank of Onion River-thence along the
bank Of said river to its mouthth thence on the shore
of lake Champlan to the bound begun at; the whole
Of said last described tract land containing two hun
bred ncres, more CT less, excepting from said above
described lo, NJ, 49, abou, seven acres thereof here
,ofore conveyed by James S. Bin TO John Lathrop
on the east side ofthe road-Also, all the said Henry
Potwins right and title TO the south half Of said LOT
No 49, derived from the town of Burlington through
lease to Ebenczcr r. Engesby, and subsequent as
sgnmens to said Potwin, the said Potwn covenant
ing for himself his executors, administrators and
heirs that the rents reserved BY said lease were all
would thereafter pay, the same as they should fall
due. while said deed Of mortgage should remain
in force said rent being six dollars annually
Also undivided half Of certain parcel of land
in Colchester, in said Chittendcn county designated
upon certain survey bill of lands in said Colchester
adopted by the Burlington Mill Company, by a vote
to that effect on the 10Th day March, A. b. 1898,
building lots eight west and twenty three west, and
being the same lots decided by said company to La
throp and Potwn on the "a day of May A. D. 1893.
To have and to hold the aid granted and bargained
premises with all the privileges and appur,enances
ihereuno belonging to the said Elizabeth and George
Henry, their heirs and assigns TO them and their own
proper use benefit and behoofforever with proviso
Or condition to said deed annexed that if the said
Henry w. Potwin, his heirs and assigns should well
and truly pay cause 10 be paid the said Eliza
beth and George Henry the said sum of twenty five
hundred dollars specified in said pronssory note with
the annual interest, according TO the tenor and effect
OF SAID note by the time therein set and limited for the
payment thereof then the said decd OF conveyance to
be VOID, oherwle to be and remain in full force and
virtue And further stating that the said sum Of
twenty five hundred dollars has not been paid, nor
any. part thereof nor the said rents been paid. And
further stating, that on the 18th day Of November
1889 the said II. ". Potwn, executed amor,gage!ecd
OF SAID premises situated in said Burlington secure
to said Evans, the payment Of debt in said mortgage
stated, to said Evans from said Po,wn, and condi-
toned that said Evans, among other things should pay
to said Elizabeth and George Henry said sur, of
on the same 18th day Of November, A. D. 1882 the
said Potwin executed like mortgage decd Of said
premises IN Burlington to Joseph Il. Williams afore.
said, conditioned that the said Williams should nav TO
the said Elizabeth and George Henry said sum of
twenty five hundred dollars, and also the said deb, TO
the said Evans, as they should fall due And further
stating tha hat. on the 9Th day OF January A. D. is4o
$. French, conditioned tina, che should pay the said
sums and debts last aforesaid And further stating
that the said Potwln by decd on the day Of
A. d. conveyed said premises in Col hester
| to the said Henry Mayo, which las, mentioned deed
made be!orr the date of said Pouims deed said
Elizabeth and George Henry, was, by said Po,win and
Mayo kept secret, and recorded until after the
execution, delivery and recording Of said Potwn's
deed to said Elizabeth and George Henry, and of the
existence Of any such decd the said Elizabeth and
George Henry had no knowledge whatever And
further stating that after the execution by SAID Poiwln
Of his said deed to said Elizabeth and George Henry,
the said Powin put the said Oliver G. Swee;zcr into
the posses ion Of TIE said premises, in said Burlington,
as his tenant, and the said Swcezer has ever since
remained in possession, and still is i'll possession of
| the same And further stating and praying that the
sand Potwin Evans Williams, French, Mayo and
Sweetzcr mnv be decreed 10 pay 10 the sad Elizabeth
and George Henry the SAID several sums and interest
in snli note specified and the rents unpaid, by some
short day be forever forecosed of and from all right
and title the said premises and all equity Of redemp-
ton thereof Upon the consideration of all which
the said Chancellor Of the said court Of chnnccry
the 9TH day of January, A. d. lS4l, at Burlington
aforesaid issued a subpoena commanding the said
defendants and each Of them TO make their personal
appearance before the said court Of chancery next to
be holden Burlington within and for said county o.
Chiien3en, on the last Tuesday save one Of March
| A. u. lS4l, then and there 10 make answer TO the
foregoing complaint of the said Elizabeth, George
Henry and Lawrence G.. and abide such order. direc
ton and decree therein ms to the said court shall seen
meet, under the penalty OF ten thousand dollars
And whereas is made TO appear, that the said Henr,
w Powin resides out of this state. that subpnn'
cannot be served upon him, il is ordered that tn
said Henry W. Potwin appear md make his answe
the said compliments said bill in said court, tc
he holden as aforesaid on the last Tuesday save on
Of March. A. d. lSIl And it is further ordered tina
the foregoing staiemen, of the substance Of the sa
bill together with the above order for the appearance
Of the said Henry w. Potwln he published in IN
Burlington Free Press, n newspaper printed in Bur
lnron aforesaid three weeks successfully the las
Of which pnhlcarions 10 be least twenty days pre-
vious to the last Tuesday save one of March next
i ,uh sha1l he danmed mfr .
: the said Henry W. Potwn TO appear and make ar
u swer 10 said bill
e Given under my hand ut Burlington aforesaid. tn
u 25th day of January, a. d. ls4l. WIN NOBLE,
y Clerk Of SAID Court Of Chancery.
IDEAL ESTATE, FOR SALE A, o,r,