The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1842-05-10
STATE OF VERMONT. ORLEANS County,, SIS.
IN CHANCERY-FIFTH CIRCUIT.
InvEY " VS.. FnAvcIs FISHER.


IN CHANCERY-FIFTH CIRCUIT.
SAMUEL IL. IiovEY ~ :. r.,vc,. F,surr
JoHN MArrocKs, w.
XNTHEREAs, Samuel n. Hovey Of Troy in Or.
w ienns County, and John Mnitocks Of Peach
am in the County of Caledonia, have filed Their
bill Of complaint, stating in substance that on or
about the 3lst day Of October, A D. 1896, the Bos-
ton and Troy Iron Company located AZ Troy af"re
said were justly indebted Ia the Orainr iioyev IN
the sum Of $40 50O-specied in promissory
notes dated November LIST 1896, signed by James
Anderson the Treasurer of said Company, who
was the authorized Agent Of said Corporations; and
IN order 10 secure the payment Of said gum of mon
ey to the Orator Hovey one Israel Martin of thu
city, county and state of New Yorg, on tho afore-
said 3lst day of October A. ID. lS36-n considern"
ton of the sum Of 900, executed and deliver.
ed TO SAID Orator fovev, good, WILD and sniff.
ceni deed OF mortgage of The following desc, ibed
tracts or parcels OF land in Troy aforesaid, vis,;-
The whole Of lots No 81, 95, ~, SO a. 90, except
three small pieces of said lot No co. before thar
time by said I1ovey decided To isaac Grant and
Reuben Washburn- that part of lot No. AZ,
which lies on the east side Missi-qnoi River 10 high
water mark the West side oi said river ,---nnd
also, % acres Of land lying the west side Of lot
No. 80, divided or separated from the remaindev
Of SAID lot No. 80, by line running parallel with
the west line Of said lot. q 4e4&
To have and hold the said granted premiscs TO
the Orator liovey, his heirs aud assigns forever
which deed was dated, delivered and acknowi-
edged the day and year first above wri'en--and
had condition iherennto annexed, that II tho
| said Boston and Troy Iron Company should welt
| and truly pay TO the said Orator Hoyey the said
sum OF money according TO the Of The afore--
said notes, then said deed will be void otherwise
Of force.
And also further stating that said Marin after.
wards on tho ] ith day of November A. ID. 1886 ,hy
his deed duly signed, sealed, Acknowledged and
recorded did convey TO said Boston T. Troy Iron
Company the premises aforesaid IN fec TO their
own use and behoof-and also that on The 10Th
day of Sep,ember 1898, the snid Boston IL Troy
Iron Company conveyed by deed of mortgage well
| .toda dali
in the county OF Suffolk and state oil It's
the whole of the above described lands and tene
mcns with all the real estate belonging TO said
company in the town of Troy aforesaid with con
d,tion annexed to said deed that if The said Boston
Il Troy Iron Company should pay TO said Fisher
the sum of fifty thousand dollars then due and
owing from said Company 10 said Fisher and all
sums of money that might afterwards become due
| from said Company 10 said Fisher the said deed
| TO be void otherwise of force And further stating
that tho Orator Hovey filed his bill of plant IL,
chancery against the said Boston and Troy Iron
Company and had final decree of said Court of
chancery forcclosing The right in equity Of the
premises aforesaid which in the Boston and
Troy Iron company, Mt the December Term of
said Orleans County Court of chancery held at
lrasburgh on The 4th Tuesday Of December A. d.
! lS4o, then and thereby decreeing that tho SAID
Boston and Troy Iron Company pay Tor principa =,
lne'es and costs ofsaid process the f$S335,
day of January A D 1912, with tho interest there
on TO arise or be forever Grecosed. cd further
sta nng that said Boston and Troy Iron Company
failed 10 pay said SUN or part thereof
And also 5uriber stating that the said Orator
fIovey on the 18th day of February A. d. 1872
and alter the said Boston & Troy irou Companies
right in equity to redeem said premises had expired
conveyed by deed of that date IN the said Orator
Mattocks the above and before described premises
which decd was by said flovey duly signed sealed
delivered acknowledged and recorded, and WIS
dated the said 18th day of February A. j. 1S4I,
and conditioned that il said Hovey paid said Mat
r. ks he n han nd
void otherwise of force-nnd further praying n do
cree of SAID Court that SAID Fisher pay the Orators
the amount OF the aforesaid decree against the Bos
ton and Troy Iron Company and the costs OF this
process, be forever foi eclosed of aud from all
right IN equity 10 re deem the premises aforesaid or
any part thereof and praying for writ of subrGna
! to issue commanding said Fisher make his per
sonal appearance before the court Of chancery next
TO be holden at lrasIurgh within and for the coun
ty Of Orleans on the 4th Tuesday or June A. ID.
1912, then and there to make to the fnrego
ing bill of plant and abide the Court thereon
And whereas u appears that the said Francis
| Fisher resides without this State--To What
Boston aforesaid, that a su5nGna cannot be- sery
ed upon him; Therefore in pursuance or the pro-
visions OF the revised Statute, Chapter ID Section
co. notice is hereby given 10 the said Francis FISH
Grand he is hereby required to appear before the
Chancellor of the fifth Judicial Circuit of the State
of Vermont at the Court house in Irasburph i'm
said County OF Orleans on the 4th Tuesday OF June
A. ID. 1912, being the LIST day of the next stated
term of the Court of Chnncery in said County; AMI
make answer to the bill Of complaint aforesaid, and
abide sucli characterization and decree therein as
! To said Chancellor shall seem meet-And the com
pIanant in said bill is directed cause this order
10 be published hree weeks snccessively in tho
Ca'edonian, newspaper Printed at st. Johnsbury,
in the County of Caledonia, the last of which pub
Iicalion TO be at least twenty days previous to tho
4,h Tuesday of June next as e,aTt
Dated nj irasburgh, in said County of Oslean.,
this 9TH day of May, A. ID. 1912.
HENRY NJ. BATES, Clerk.
SAMyEL SUmNER, Solicitor. 249w3