The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1842-05-24
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'', XIII GARMENTS MADE BY HIN WAR
(RANPED no FRI ~
81, J"hnsbnry Centre, April, ls42. 250u
STATE OF VERMONT. ORLEANS County, IS,
IN CIlANCERY-FlFTll CIRCUIT,
SAMUEL II. hovEf y vs. FRANCIS FISHER
| yNTHEREAs, Samuel II. IIovey of Troy in Or
| Wv leans County, and John Maltocks of Peach
am in the County of Caledonia, have filed their
bill of complaint, stating in substance that or
about the 3Ist day Of October, AID 1886, the BoS-
ton and Troy Iron Company located AT Troy aiore
said were Justly indebted To the Orator Hovey IN
the sum of $40 500--speciled in promissory
notes dated November LIST 1896, signed by James
Anderson the Treasurer of said Company, who
was The uuhorized Agent OF said Corporation; and
IN order secure the payment OF said sum OF mon
CIV 10 the Orator lIovey, one lsIael Martin OF the
CITY, county and state of New York, on the aoro
said 3lst day OF October A. ID. lS30-n considcra
ton of the sum of $4,000 executed and deliver
ed TO SAID Orator liovey, a good, valid and subj
Glen, deed of mortgage of the following described
tracts or parcels OF land in Troy aforesaid, VIII
The whole of lots No 81, 95, 81, so 81 96, except
three small pieces of said lot No So, before that
time by said Hovey decided TO isaac Grant and
Reuben Washburn-and that part of lot No. AZ,
which lies on the side Missisquoi River 10 high
water mark on tho West side OF said river, and
also 25 acres of land lying the west side of lot
No. 90, divided or separated from the remainder
of SAID lot No. 80, by line running parallel with
the west line OF said lot.
To have and hold the said granted premises to
the Orator llovey, his heirs and assigns forever
which deed was dated, delivered and ocknowl-
edged the day and year first above writtcn-and
had a conduon thereunto annexed, that il the
said Boston and Troy Iron Company should well
and truly pay the said Orator Hovey the said
nj tlnn f0rn
said notes, then said deed will be void otherwise
Of force.
And also further stating that said Martin after
wards on the l lth day of November A. ID. 1886 by
his deed duly signed, sealed, acknowledged and
recorded did convey TO said Boston y Troy Iron
Company the premises aforesaid In fee to their
own use and behoof-and also that on the 10th
day of September 1889, the said Boston u Troy
Iron Company conveyed by deed of mortgage well
executed and delivered to Francis Fisher of Boston
in the county of Suffolk and state oil Massachusetts
the whole OF tho above described lands and tene
ments with all tho real estate belonging 10 said
company in the town of Troy aforesaid with a con
dion annexed to said deed that if the said Boston
~ Troy Iron Company should pay TO said Fisher
the of fifty thousand dollars then due and
owing from said Company TO said Fisher and all
sums of money that might afterwards become due
from said Company 10 said Fisher the said deed
10 be void otherwise of force And further stating
that the Orator lovey filed his bill OF complaint In
chancery against the said Boston and Troy Iron
Company and had final decree of said Court of
chancery foreclosing the right in equity of the
premises aforesaid which in the Boston and
TROY Iron Company, at tho December Term of
said Orleans County Court of chancery held at
Irasburgh on tho 9TH Tuesday OF December A. ID.
1910, then and thereby deoroeing that the SAID
Boston and Troy Iron Company pay for principal,
interest and costs ofsaid process the sum OF $500,
93 20 the said Orator Hovey on or hoiore the first
day of January A. ID. 1912, with the interest there
on 10 arise or be forever f1reclosed. And further
sta ing that said Boston and Troy lrou Company
;t.t caii Orp ri
And also further stating that the said Orator
Hoyey on the 18th day of February, a. ID, 1872,
and alter the said Boston 81 Troy lrou Companies
rght in equity to redeem said premises had expired
conveyed by deed of that date 10 tho said Orator
Ma,tocks tho above and before described premises,
which deed was by said Hovey duly signed scaled
delivered acknowledged and recorded, and was
dated the said 14th day of February A. j. 1912,
and conditioned that II said Hovey paid said Mat
toeks tho sum af Ss3,240,Sl, then said deed 20 be
void otherwise of force-and further praying de
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 or be forever fol ecosed of aud from all
right IN equity redeem the premises aforesaid or
any part thereof and praying for writ Of subpoena
to issue commanding said Fisher to make his per
sonal appearance before the court Of chancery next
10 be holden at lrasburgh within aud for the coun
~ of Orleans on the 4th Tuesday of juno a. ID.
| lS42 then and there make answer TO the iorego
ing bill Of complaint aud abide the Court thereon.
! And whereas it appears that the said Francis
Fisher resides without this Stae-To Wil--ut
Boston aforesaid so that subpoena cannot be serv
ed upon him; Therefore in pursuance OF the pro-
visions oftho revised Statute, Chapter "a, Section
CO. notice is hereby given TO tho said Francis Fish
Grand he is hereby required to appear before the
Chancellor of tho fifth Judicial Circuit of the State
of Vermont at the Court house in lrasburgh, in
said County OF Orleans on the 18th Tuesday of June
A. ID. 1912 being the LIST day of the next stated
term of the Court OF Chancery in said County; and
make answer TO the bill Of complaint aforesaid, and
md tharai .c
10 said Chancellor shall seem meet--And the CON
plainant in said bill is directed 10 this order
TO be published three weeks excessively in th,
Caedonian, newspaper printed at ST Johnsbury
in the County of Caledonia, the last Of which pub
| 4lh Tuesday Of June next.
Dated at Irasburgh, in said County of Orleans
this 7tll day of May, a. ID. 1912.
HENRY M. BATES, Clerk.
SAMUEL SUMNER, Solicitor. E 49w3