The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1842-05-17
STATE OF VERMONT. ORLEANS County, SIS
IN CHANCERY-FIFTH CIRCUIT.
SAMUEL, II Hovnv " vs.. FnAscls FlsuEn.

STATE OF VERMONT. ORLEANS County, SIS
in CHANCERY-FiFTHC CIRCUIT.
sAnuE. II. Hovnv Tvs. FaANcls FISHER.
XKTHEREAS, Samuel IL. Hovey Of Troy ia Or,
wv leans County and John Malocks of Peach
am in the County Of Caledonia, have filed their
bill Of complaint, stating in substance that on or
about the 3Ist day of October, A ID. 1896, the BOs.
ton and Troy Iron Company located at Troy afors
said were Justly indebted 10 the Orator Hovey in
the sum of $40 ,5O0-specihed in nine promlssory
notes dated November LIST 1886, signed by james
Anderson the Treasurer of said Company, who
was tho authorized Agent Of said Corporation; and
IN order to secure the payment OF said sum OF mon
ey to the Orator liovey, one lsiael Martin Of the
city, county and state of New YORK, on the aioro-
said 3lst day Of October A ID lS36-in considcra.
ton of the sum of 81 900, executed and deliver
cd 10 SAID Orator uovey, good, valid and sutii
cient deed OF mortgage of the following described
tracts or parcels of land in Troy aforesaid, VIII
The whole Of lots No 81 %, 81, so d 96, except
time by said Hovey decided 10 Isaac Grant and
Reuben Washburn-and that part of lot No. az,
which lies on the east side Missisquoi River 10 high
water mark on the West side of said river, and
also, 25 acres of land lying the side Of lot
No. 80, divided or separated from the reminder
of SAID lot No. 90, by line running parallel with
The west line of said lot
To have and hold the said granted premises 10
the Orator Hovey, his heirs and assigns forever
which deed WAS dated, delivered and acknowl-
edged the day and year first above write n-and
had condition thereunto annexed, that ii the
said Boston and Troy Iron Company should we'll
and truly pay TO the said Orator Hovey the said
sum OF money according TO the tenor Of the afore-
said notes, then said deed vii be void otherwise
of force.
And also turtle: stating that said Martin after
wards on tho lth day of November A. d. 1896 by
his deed duly signed, sealed, acknowledged and
recorded did convey TO said Boston y Troy Iron
Company tho premises aforesaid IN fee 10 their
own use and behoof-and also that the 10th
day of September 1888, the said Boston d Troy
Iron Company conveyed by deed Of mortgage well
executed and delivered TO Francis Fisher Of Boston
in the county of Suffolk and state OF Massachusetts
the whole oil the above described lands and tene
ments with all the real estate belonging 10 said
company in Tho town Of Troy aforesaid with a con
diton annexed TO said deed that if the said Boston
d Troy Iron Company should pay 10 said Fisher
the sum 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 TO said Fisher the said deed
to be void otherwise OF force. And further stating
that the Orator Hovey filed his bill of complaint in
chancery against the said Boston and Troy Iron
Company and had a final decree Of said Court Of
chancery foreclosing The right in equity of the
premises aforesaid which was in the Boston and
Troy Iron Company, at the December Term of
said Orleans County Court of chance,y held at
Irasburgh The 4th Tuesday Of December A. ID.
1910, then and thereby decreeing that the SAID
intel and costs ofsad process The of $S935,
93, 20 the said Orator Hovey before tie first
day of January A. ID, 1872, with the interest there
on 10 arise or be forever f1reclosed. And further
sta ing that said Boston and Troy Iron Company
failed 10 pay said sum part thereof
And also further stating that tie said Orator
Hovey on the l4th day of February, A. ID. 1912,
and alter the said Boston s. Troy Irou Companies
conveyed by deed of that date TO the said Orator
Mattocks the above and before described premises,
which deed was by said Hovey duly signed sealed
delivered acknowledged and recorded and was
\, tad Al said Law nC a
and conditioned that il said Hovey paid said Mat
tocks the sum AT $3,249,sl, then said deed 20 be
void Otherwise of force-and further praying a 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 eclosed of and from all
right in equity TO deem the premises aforesaid or
any part the eo and praying for writ Of subpoena
to issue commanding said Fisher to make his per
sonal appearance before the Of chancery next
to be holden at lrasburgh within and for the
~ OF Orleans the 9TH Tuesday of June A. ID.
1912, then and there TO make answer TO the iorego
ing bill Of complaint and abide the Court thereon
And whereas it appears that the said Francis
Fisher resides without this State-To What
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 the said Francis Fish
Grand he is hereby required to appear before the
Chancellor of the filth Judicial Circuit Of the State
of Vermont at the Court house in lrasburgh, in
said County OF Orleans on the 9TH Tuesday OF June
A. ID. 1S42 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
abide such order-directlon and decree therein
to said Chancellor shall seem meet And the com
piainant in said bill is directed to this order
10 be published three weeks successfully in the
CALIFORNIAN, a newspaper printed at St Johnsbury,
in the County Of Caledonia, the last of which pub.
LEGATION to be at least twenty days previous to the
9TH Tuesday of June next.
Dated at Irasburgh, in said County of Orleans,
this 9TH day of May, "A. ID. 1912.
HENRY M. BATES, Clerk.
SAMUEL SUMNER, Solicitor. 249w3
wi A R y OH "A ~ HIS ~ ID III q H..
.1NInEn S1,ArES on AMEpIHA