Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-11-15

David Fullam and the administrator and hcirs OF LIE
VI FuIlam late OF Chelsea in said Orange county,
deceased
"HEREAS, tn Pre-. ident, Directors and Com
w pany OF the Bank oil Orange County, have
flied their bill OF complaint, stating substance that
on the Sd day OF May, A. d. 1887, they common ced
hrec several actions OF assumpsu against Levi Full
lam, then oil Chelsea, IN Orange county, deccas
ed, Harry Martin, of same Chelsea, aud Samuel
Austin jr. Of Bethel in Windsor county, winch were
reurnabic 10 the then next June term OF Orange Co
Court. which writs, on the same day and year last
aforesaid, were served the said Fullam by attach.
l"s as hts property, the following described real cs-
tate situate IN SAID Chelsea, all that tract OF land
conveyed 10 sand Fuam, by Phlneas Dodge, b,
decd dalcd Sept. 81 1902 also all that tract Of anu
conveyed To said FuIIam, by Reuben Hatch, by deed
dated May Is, 1910 also all that tract OF land
! convey ed 10 SAID Fullanl, by Z isha Hotchh;ss by
deed dated april 10, 1914 also the tract Of lanu
conveyed 10 said Fuum by Reuben Hatch, by deco
DAT ed January 80, 1916 also that off land con-
veye1 TO SAID Ful am by Ampus axe and Reuben
A. Lamb, by deed OF May 80, 1882 and also that
| tract oil land conveyed 10 said Fullam by VIM. G.
Page by deed o. July T. 1882 that such PROCEEDINGS
had III sid actions that the oiaors bv the con
sdefalion 90 Orange County Court at It's December
en-, D.lS57, recovered iudgm in their favor it,
each Of sud actions against the saiu alan, Martin
Austin, for the rum oil Sl043 damages ana S. SO
costs OF sni--ihat on the 23d day oil May, A. ID.
1888, aud wlhln five ca 'endJr months from the rem.
don u SAID Judgments they caused their executions
issued on the said judgments, to be extended upon
The premises so attached as aforesaid, excepting the
and decided by said Page 10 said Fullin. and that
part oil the tract conveyed TO him by SAID Hotchkss
which tagged TO Thomas Jones-that said
Fuam on the A h day OF May, A. ID. 1887, convey.
cd all the premises attached and levied upon by tn,
! orators O one David Ilant, now OF FIfzwllliam N
H. which deed, though absolute in its terms, wa
gwen 10 secure the payment Of his Indebtedness TO
SAID David, and was made subject TO the attachment
OF the orators by an express provision inserted the
deed tor thai pnrpose-thaI on the 2 st day OF May
1883, the orators and the SAID Levi Fullam entered
INTO written agreement, by which It was mu.uaIl,
| agreed between them that the orators should lew
eir SAID executions on said estate, and that they
should wall one, two and three years for their debI
without taking ossession OF sad real estate that is
~ say, that the said Levi should pay one Third OF
said debt IN one year; one third in Two years and
the remainder IN three yeuis, with annual interest
! that he the said Lew, would convey, IN trust TO
Lement Bacon certain other real estate, and certain
chose IN action, aud personal property as additional
curt, Tor -aid debt, which the said Bacon should
sell and collect for the benefit OF The orators and an.
ply IN Paymcnt oil said judgments, and That If suti-
,ltnt sum was not realized from said collateral sccu-
niy IN sad ia ee years, 10 discharge said judgments
and interest thereon, that the orators might al ,e
expiration OF snld three years, sell such parl of the
estate which said executions were levied ms should
be necessary 10 pay the baance-Ihat this contract
was carried no effect, that The orators omItt.d In
lake possess'on OF the properly levied upon and
!
mat the orators have received and Allied from said
collateral securities about SII93--that in conse-
quence OF the conveyance of SAID estate so levied up
on, 10 The said David the orators cannot DISPOSE Of
said estate 10 pay the balance tue according TO the
Of said agreement. The Dbl luther safes that
the said Levi Fulam died intestate at said Chei,ea
in the year 1885, leaving Sarah Fullam his widow
who is now living anu Char es, Mary F., Sally In.
cha A., Calvin, Stafford E., and Harriet s. FuIam. ms
ch'Ieten and heirs at law that said Mary F. has IN.
irTmafrled with Cyrus Tracy, and now resides With
her hu ,baud IN ga Cheseathat Sally hs ntermar-
led wth said Samuel Austin, jr. and resides 10 SAID
b hcl that hi daughter Lucia A. and hn son Cal.
,ln re'Ile IN Iston, Mass, aud his son Stafford E.
! rcsld IN Mobile, Alabama lis daughter Harriet S.
- Detroit, Michigan, andtls widow aud son CHARLES
~ SAID Chcsea-hat II. E. G. Mclaughlin, OF Chel.
ga, has been duly appointed administrator on said
FLllan's estate, who has accepted said trust and
given bonds The bill further charges that by the
contract 4 May, 1888, said leses 10 be resardrd
- moIi lagos, and Prays TO- the foreclosure Of the
cqWt, oi redemption of the premises.
A ,d wh,r as il appears that the said David Fullam
LUCIA A. Fuam. Calvin Fullam, Stafford E. Fullam
| ,nd Harriet S, Fulam, reside out of this Sale So
Ihil subj or IA canno be served np,n them, there
tirr pursuanGe of the provisions OF the Revised
Stuuios, chap "a, sec 60, notice is hereby given,
70 The SAID d vid, Lucia A., Calvin, Stafford E., and
ii IL, s., aud they are hereby required TO appear
before til, ancelior OF the second judicial ccui,
OF the State OF Vermont at the Court II ouse in Ch.l.
sea, ~ salo orange County, on The third Tuesday OF
D. cember nrx being the fret day Of next stGt, d
| term OF tho Court oi Chancery, in said County and
make answorto the foregoing bill Of complaint and
abide such order direction aad decree therein az TO
said Chancellor shall seem meet. And the Com
nlauan'N are directed 10 his ords 10 be pnb
llshrd hrec wrecks snccessvey ia the Verno. Il
| Waterman and State journal printed IN Montpelier
IN Washington comfy, Vermont, The last public mon
TO b. al last weny days before the third Tuesday
| OF December next.
Dated al Chelsea, ia said Orange county, this lrh
/ DAY OF November, A. ID. 1871
Il. DlNSMORE, Clerk.
Lucius B. Peck, Solicitor. 80