Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-02-19

In Chancery, Chittenden
County, January 8, A. ID.
49, l84l.
WHEREA s, Law

ELIZABETH bioELow In Chancery, Chittendef
GEoRoE II. BIoELow & County January 6, A. D.
LAwREScE g. BieELow, l94l.
vs.. WHEREAS, Law
HEsny W. PorwIN, eal. w renee G.. Bigelow
ana i Elizabeth Blgelow his wife both Of Buckingham
Blgeow OF the same place, an infant under the age Of
q years, who comes by his father and natural guar
aan Lawrence u. Blgelow, have, by their solicitors
Shaw ana 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 chanccry 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 Zancs-
vile, in the state of Ohio, Edward f. Evans, Henry
Mayo and Oliver e. Sweetzer, all Of Burlington afore-
SAID and Joseph T. Williams and Iucretia s. French,
poth OF Woathersfeld IN the county of Windsor and
state oil Vermont therein stating that the said Henry
w. Potwln on the 3lst day of October, A. ID. 1899,
beng justly Indebted to the said Elizabeth and George
Hen,y IN the sum OF twenty five hundred dollars,
o III psonssory no'e 81 that date for said
sum o. twenty-hv hundred dollars, signed by said
notw anu MADE payable IN four years from It's date,
with annual interest and in order to secure the pay
ie,. " sdn sum Oh money and the interest thereof
signed WIN ms hand, sealed with his SEAL and ack-
lowlcageu ana recorded IN due form Of law, on the
same Sist day OF October 1889, aforesaid, did give,
,o ssJ parEn SELL aen convey and confirm unto
'e a,u i,llaoe.h ana george Henry, the following
GesGilpeu pieces or parcels of land situated in said
urhg,on, 10 wit: Lots No. % and 70 in the 9Th divi
son oil sad Town, containing 23acres each-Also one
10, M u 'u -, % 1n about acres being part of
a''u wien Was conveyed by the Rev. Daniel Haskell
~ stephen MIX MITCHELL bv deed recorded in the 9th
uooh ~, reGo.dhg decds IN sad town of Burlington
s'S an ~ ana oSAso me north half of l03 acre lot
w. AZ o.lls part oil me rsht o, land which was re-
served IN me clarier OF said Burlington .ot the first
sc.,icu nl,ns'er-Aso the Whole o, that PIT Of the
u.'uvued lana IN me town OF BIZ, ''ngion which lies
u. VI. niou' OF ohon liver ana Oounded as follows
Tor N flrnI
acIc 'J' 40 ~; IN SAD toHn-thcnce running north
r ~ ne me on san lot 70. co. to the corner of
H. " ,r'ee ocre lot NO lS-thence on
and IN ~, ','e ~ wv -.nee acre lois NO. Is 69
hail r. w l ~. uah Vi oI'loh i>Nef-tnerce along the
Of i, vi s,u ,Nei 10 ts houtlIthence on the shore
Of a ;HI 10 .le Do,nd begun ali the whole
s sa ,sl described tract OF land containing two nun
described il, NJ AZ us eh ea0p'lng ron sad above
,oGro ~. ~ ~ pou' seven acfeI horeo here
o H. eoll.eyfu ey James D: BIN TO John Latrop
w Nc cas-, sue OF inc foad-Also, all the ID Henry
,n rgnt ana te TO tue south half of sad lot
w ~ derived from me town OF Bur lington through
lease to EbenczcI T. Englesby, ard subsequent as
; s',..s " sau o'Wi'', the sad Potwm covenant
Ing ior himself his executors, administrators and
nad m re 'e rS,s reserved ny sad lease were all
would thereafter pay, the same as they should fall
~; WINE said decd OF mortgage should remain
al Iolce, sag rent peing SIX dollars annually
T.; nSo PIC UNDIVIDED nan OF certain parcel of land
IN COLCHESTER IN said Chittenden county, designated
upon cer'ain survey bill OF lands in said Colchester
a ~, 6y the Burlington Mill Company, by vote
70 in erect on the 18TH day of March, A. ID. 1898,
beng the same lots decided by said company to La
1nr2p anu PotwIn on the I'd day OF May A. ID. 1885,
10 have and TO hold the aid granted and barraincd
premises with all the privileges and appur,enanccs
Henry, their heirs and assigns to them and their own
proper use benefit and behoofforever with proyiso
or condition to sad deed annexed that if the said
Henry w. Potwn, his heirs and assigns should well
n ar cnuc ba, "A a.
beth and George Henry the said sum of twenty five
hundred dollars specified in said promssory note with
The annua interest, according TO the tenor and efec,
oil sad note by the time therein set and limited for the
payment thereof then the said deed of CONVEYANCE TO
be vold oherwl'e 10 be and remain in full force and
virtue And further stating that the said sum of
twenty hve hundred dollars has not been paid nor
an! part thereof, nor the said rents been paid. And
iurtner stating, that on the 18th day of November
1889 me sad H. W. Potwin, executed amortgageHced
OF sad PREMISES situated IN said Burlington TO secure
TO san Evans the payment of debt in said mortgage
stated to sad Evans from said Potwin and condi.
toned that SAID Evans, among other things should nav
10 sad Elizabeth and George Henry said sum of
twenty hve hundred dollars And further stating that
ON the same 18th day of November, AID. 1899, the
sad Potwn executed q like mortgage deed of said
premises in Burlington TO Joseph r. Williams afore
snid CONDITIONED that the said Williams should pay to
the SAID Elizabeth and George Henry said sum of
twenty-five hundred dollars and also the said debt TO
the SAID Evans MS they should fall due And further
S'auhg mar on the 27th day of January, A. d. 1870
the said Williams decided the said premises to Iucretia
.. rrenc,'' Conditioned 'la' sl,v should pay the said
SUMS ana uepts last aforesaid And further stating
that me sad Potwin by deed on tho day of
-. conve yed SAID premises in Col hester,
10 inc sali Henry Mayo, which last mentioned deed;
y ocioIr nc ua'e OF SAID fo'wih deed TO SAID
MHape.l ana george Henry was by sad Potwln and
mayo KEPT secret ana was not recorded until after the
SNeGuton' "cnvory ana recording OF SAID Potwins
uc?a 10 sala hlzabet and George Henry, and Of the
Co.. T., any sa'm ',eu .iic sa'o r.llAaDe'h ana
irnct sia'ng mat after the execution by said Polwin
OF ms saIa deed TO SAD Ezahfth and George Henry,
inc sad fotwn put the SAID Oliver g. Sweetzci into
inc posses non OF t'G sad premises IN sad Burlington,
as ms tenant, and the SAID Sweetzcr has ever since
renamed IN possession, and still is in possession of
the same And further stating and praying that the