Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1843-08-10

" tts~,y-y, Ayfri TsFs., a. ~ lF1
si" W. Hoas,, ''d ''bs"' W nIR y SIS -
sr.y,..s cuHslar. q Cher, s,. ADDISON SIRE
To-. sb,s..m Adsm.. RSwsrd Msnaine Sylvester
stewsli wHssr Warner. Jorsihsn hthencu. Ma
thssfsi Fuisron. end Silas II Hedges have ho,,
,efole filed der Biii IN Chsntefr IN ihrs esv'iooD
pisiniaf. iha Samuel Nhnwell, Gcoige Bend
Ceore. " BsnJ. Slsjhsn G. Higsinson ard sam
osi ussiis had commenced en- action IN NE Gar
rult cousi al tho uuissd States fos The vermont
Dlssfist. sssins the Orktois and Stephen Cummings
thea Of salem IN tie eovniy Of Washington and
State Of New YORK. and declaring against the Ora
tofs ard said C1namlngs 90 psisnsfs formerly doing
te.ii,ess 81 Ludlow. V.imont, together With Henry
Hodges ,pd Ezra woodw or,h then deceased. Dur.
ing their lifetime. undsrihe firm 81 lie Green Noun
tain Manufacturing Company. and that said Wood
worth Getsssed stoUi Sept. 4, 1850, beqvealhing
smong other things, siis' The death Of Susan Wood
worth his widow, third Of bis personal and real
estate 70 su,su walker ore ,hird to Mary Ann
Cummings. wife of ssid STEPHEN. two sfieehihs 10
SamVc. Mills Wcodworlh. two hheoniks,@ george
Worcester Wnodwotih, and one fieeDiih Jerusha
Gseer Wood~orih al OF Salem Aforesaid (of which
IN, three, william X. Manning, ihep,sf said Lud.
low, became GUARDIAN and appointing said Susan
Woodwork ard stephen Cummings his Executors
Who ssoh ,old part q bis real estate 10 John A.
B.,rhslder. OF ss,d Lu5SAsy, for $3.50, and part 10
A,shsi Miller Of said Ludlow, for 1857 so. taking
their notes respectively for said purchases; and that
y,
and sl.o that The estate of said Ezra and the said
stephen Cummings were bound TO contribute pro.
tuation Of Whatever should he recovered " The Ora
tors ard said Ser hen in said suit. and praying that
said Baiohsder and Miller might be restrained from
paving and the said Stephen from ct'efnng said
notes and that receiver might be aptoHstd 10 re-
ceivc the avails OF said notes 10 be keIa unr the
even, Of said suit Was sscerained and that the
same nigh, be applied IN payment OF such proper
iinn the said Stephen and the estate OF the said
Ezra ought pay OF The recovered in the suit,
Aforesaid. Of the orators ard said Stephen and Of
the expense 81 defending said suit,
And. Where's. tie said Silas W, Nathaniel, JON
athsn. Abraham. Willism Warner, and Sas II.
have filed in said Court their SUPP lem-ntal Bill
complaining that since de bringing Of the former,
the Conncoiicu, River Bank, George Punam. Dam
iel Hastings and - Marsh and Isaac j. Jenny
have commenced suits against the orators IN said
former bill and said Stephen, as partners in said
Green Mountain Manufacturing Company, an that
al The May term OF the Windsor County Court, A.
d. Isi3. said Connecticut River Bark recovered in
their suit aforesaid S7l3 IS damages and S22 60
costs: The said Putnam $685. 46 damages, and S26,-
"a cost: tho said Hastings and Marsh SI06 so dam
sges, that the said Fullerton, Silas w. and Silas
VI. have paid each one fourth, said Aiherton
eighth, and said Adams & Warner the remaining
eighth Of the said sums recovered aforesaid
end also ~ ike proportion have paid said Jenny.
June 90, 1912, to compromise his said suit, $3l As
and also large sums OF money expended in defending
said actions as well said suit OF Whwell e. olhers
that said Sireeier, Siowell. Manning &'Cummngs are
insovent, and neither they said Ezrss estate have
paid any part Of saidssums ofihe expense said
suits, and that said Ezra, Sias w. in partnership
with said Henry, Fullerton, Cummings, Streetor,
S,owell and Sias H., each pu, in,s the stock Of
said Green Mountain Manufacturing Company one
thousand dollars, said Atheron five hundred and
said Adams & Warner five hundred, and that said
several partners wete Interested in said Company
Las ,lt,t. I'D
the Orators as aforesaid, in proportion 10 the sums
o. pot in. and that said Manning was never part
ner nor interested in said company And further
complaining tina, when said Bachelor purchased as
Aforesaid portion OF said Ezras zeal estate Of said
Stephen Cummings and Susan Woodwork he gave
notes for the same, and in order to secure the paw
ment Of said notes, he morteaged 10 said Susan the
said premises which lay IN Ludlow aforesaid, and
were then bounded west and north by the highway,
east by land OF Owen Spaulding and Asahe Miller
south by land of Asa Fletcher; and tina, said Batch
elder hath paid said notes. any part there
Of though the principal of several and in,eres, on
all hath become due: and also that the Flower
Brook Manufacturing Company OF Pawlet. in said
County OF Rutland, pretend to have bought portion
OF said notes OF said Cummings. And praying,
among other things, that said Flower Brook Manu-
featuring Company be enloined from hDdering the
Orators IN collecting said notes; iha, said Batche-
der be required Ia pay the sums due and to become
duo on his said notes by short day. be oreclos-
Cd OF his equity ofredemp,ion in said premises, and
that the same be sold under the direction of this
court, and that the proceeds OF the same, and Of
said notes, be applied in payment of the share Of
said sums paid by the Orators ,ha, belongs to the
tate of said Ezra To pay, and the interest Of said
Cummings IN the residue to the payment Of his share
Of the same, and for furlher relief.
And IL having been made TO appear that the said
Stephen Cummings, Mary Ann Cummings, Susan
Walker, William X. Manning, Samuel Mills Wood
worth. George Worcester Woodworh and Jerusha
Eager Woodwork reside on, ofihis state, 50 thai a
tubpnna cannot be served upon them, II is ordered
that they he cited appear before this Court at its
term next To he holden at Rutland W. and for said
County Of Rutland on the second ruHstAy OF Sep
MEMBER. A. D. ls&,, and make ans~sft1 said otigina
Bill and Supplemental Bill, by peslishing the sub
stance thereof and this Otder in ihe Rutland Herald
three weeks sueoessively, The last of which shall
he al least twenty days previous the said term OF
ihis court. r. w. HOPKINS, Clerk.
Silss II. Hodges, soliriinr for Orators 3032
STATE,OF VERMONT