Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-11-22
STATE OF VERMONT,

Pro,dcn', Directors, and Company Of Bank Of Or
unge county, against
p .vid Fullam ahd The administrator and heirs OF Lee
Vi Fulam, late Of Chelsea, in said Orange county,
deceased
NN HEREAS, the President Directors and Com.
Wv paly 81 The Bank oil Orange County, have
lied elr II Of complaint, stating 10 substance that
on the day Of May, A. d. 1887, they commenced
hrec several actions OF assumpst against Levi Full
Ian, then Of Chelsea, in Orange county, now deceas
ID, Harry Martin, Of same Chelsea and Samuel
Austin, If. of Beth! in Windsor county, which were
rerurnabi the then next June term OF Orange Co.
Court. winch wrist, on The same day and year last
aforesaid, were sTved the said Fullam by attach
tne his properly, the following described real
situate in said Chelsea viz all that trac, OF land
conveyed TO sand Fulam, by Phlneas Dodge, by
lie dated Sept. 81, 1902 also all that tact o. land
conveyed to said FuIlam, by Reuben Hatch, by deed
dated May Is, 1910 also all that tract OF land
conveyed to said Fuanl, ny Elisha Hotchk.ss, by
decd dated april 10, 1914 also The tract of land
conveyed TO said Fullam by Reuben Hatch, by deed
dated January so, 1916 also thar tract ofland con-
veye1 10 sad Fullam by Amplius Bake and Reuben
A. Lamb, by deed oil May 80, 1882 and also that
tract OF land conveyed 10 said Fullam by VIM G .
Page, BY deed OF July Z 1882 that such proceedings
were HI in said actions that the orators by the con
sideraIon OF Orange County Court at IT'S December
term "A DlS37 recovered Judgments in their favor in
each of said actions against the said Fulam, Marin
Austin, for the rum OF Sl043 damages and IS, SO
V, "A. u,
1888, and within five calendar months from the rem
ditIon Of said Judgments they caused their executions
issued on the said Judgments, 10 be extended upon
The premises attached aforesaid excepting the
aud decided by said Page TO said Fulam, and tina,
art OF the tract conveyed 10 him by said Hotchkiss
which was mort gagged 10 Thomas Jones-that said
Fuam the II day OF May, A. D. 1897, convey.
ed all the promises attached and levied upon by the
orators 10 one David IlIanI, now of Fhzwilliam N
II. which deed, though absolute in its Terms, was
gwen 10 secure the payment OF his indebtedness 10
SAID David, and was made subject 10 the attachment
If The orator by express provision inserted the
deed Tor lhat pnrpose-thai on The 2lst day of May
1885, the orators and the said Levi Fullam entered
INTO d written agreement. by which 1t was mutually
agreed b'twecn Them that The orators should lew
I eir sand executions on said es;ate, and that they
should wait one, Two aud three years for their debt
without taking possession OF sad real estate thai Is
~ say, that the aid Levi should pay one third of
,aid debt IN one year one third IN Two years and
The remainder In three yeais with annual interest
that he, the said Lew, would convey, IN trust 10
Lement Bacon certain other real estate, aud certain
chooses in action aud personal property add onai
security Tor said debt which the SAID Bacon should
sell and collect for the benefit OF The orators nd ap.
ply Ia payment oil SAID judgments, and that ii suHi-
:lcnt sum not realized from said collateral 81 Gu
uiy IN sad three years, TO discharge said judgments
and interest thereon, that the orators might, at ne
expiration oi sud three years, sell such part OF the
estate which said executions were levied as should
b. necessary IN pay the baance-that this contract
was carried into effect that The orators omitted 10
lake possession Of the property so levied upon md
The col alerai security mnde over SAID Bacon
that The orators have received and allied from saiu
collateral securities about 81 ,l93-ihat in cunsr-
qucncs OF the conveyance Of said estate 50 levied I'm.
on, The sad David, the orators cannot dispose of
said estate Opay the balance due according TO The
erns nj sid agreement The bill further states that
Inc said Levi Fuam died iniestate, at aid Chefs,
IN fitp lpnUIn Sara Etlo he,
who is now lvmg, and Char es, Mary F., Sally, LII
Ella A.. Calvin, Safisrd E., and Harriet s. Fullam hi.
children ana heirs al law that said Mary F. has in.
mrmurrled with Cyrus Tracy, aud now resides with
her husband in sad Chesea-that Sally has intermar.
lied 81 il said Samuel Austin, lr., and resides IN said
B3hrl- That h- daughter Lucia A. and hi, son Cal
wa reside ~ Boston, Mass, and his son Stafford T.
re,id, MoHtie, Alabama, his daush liter Harriet S
In Detroit, Michigan, andtIs widow and son Charles
IN said Cholsea-ihat Fl. K. G. Mclaughlin, OF Chel.
sea, has been duly Appointed administrator on said
Fullan's estate, who has accepted SAID trust and
given bonds. The bill further charges that by The
contract al May, 1888, said leves 10 be rec arded
mori ages, and prays 10, the foreclosure OF the
equity oil redemption of tho premises
And VIII reas II appears that the suld David Fnllam
Lucia A. Fullam. Calvin Fulam, Stafford E. Fullam
and Harriet S. Fu!lam reside out Of lhs State, so
that subp1na Cannot be served npon them, there |
fore, pursuance of the provisions OF the Revised
Statutes, chap. a. see, Co. notice is hereby given,
10 the said David, Lucia A., Calvin, Stafford E. aud
Harriet S., aud they hereby required TO appeal
before the CHANCELLOR OF the second judicial circuit
OF the State OF Vermont, at the Cou in ChcI.
sea, in said Orange County, on the third Tuesday Of
December next being The first day Of next slGlru
term OF tho Court oi Chancery, in said County, and
make answero the foregoing bill Of compliant aud
abide such order direction aud decree herein, IA TO
said Chancellor shall seem meet. And The Com.
plhnants directed 10 this order 10 be pub.
lished three weeks successfully in the Vermont
Waterman and State Journal, prIntedn Montpelier
III Washington county, Vermont, the last pubic cation
10 be al least lwenty days before the third Tuesday
of December next.
Dated al Chelsea, in said Orange county, this 18th
day OF November A. ID. IS4i
R. DINSMO ORE, Clerk.
Lucus B. Peck, Solicitor. 80