The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1843-11-07

tract was possessed of very little property OF my
kind-rhat in October 1929, said Amos Doing Gus
satisfied with the bargain no had mnde ana u'sPo"s
ed with this part of the country ana eonvoed n""
he should not loo able to support ms parents uhu Pay
off his fathers debts and desirous OF abandoning sau
contract, suddenly left the town OF Cabot ana weh
TO reside in the State of Pennsylvania N when s.hIe
no has continued TO reside ever since wllhout having
oven mnde visit TO his parents or o'her numerous
relatives In Vermont, declaring, before and at the
lime he left Cabot TO his father and mother ana proh-
era & sisters&ohe publicly, that no d'd NOT htenu
abide by the contract no had so entered INTO WIN ms
futhei but intended TO abandon u ana consiuer 'ne
snme as If il had never boon made--that SAID Amos
nm TO the time of his leaving Cabot had neither paid
nor assumed nny of his fathers debts except TO some
small nmount-rhnt said Henry coniidng IN me nom
esy and sincerity Of the declarations Of MS son AMOS
and willing TO consider said contract nhhu"eu unu ~
nm end assented TO the Same and hereupon said A.
mos handed back to his lather or eit IN the caro- OF
some other person in Cabot tho identical original quit
claim deed which he had received from him at the
same timo stating that such delivery was TO be Tor the
use and benefit of his ather and tantamouht 10 TO-
conveyance of said premises to bis lalher ny lormhi
deed duly executed by him the said Amos
That the said Henry being creduous, believed that
such declaration, together with the rc-deivery oil the
said quitcaim deed and the abandonment oil the pos
session of said premises by said Amos was equlva-
lent in law to formal 70 conveyance thereof and
was thus by the fraud and deceit of said Amos or oy
accident and mistake induced to lorego such formal
re-conveynnce and leave tho legal title TO said farm
on said Amos-rhat utter soid Amos left Cabot he
did nothing directly nor indirectly towards the sup
port of his fuher or mother, nor towards the pay
ment of his fathers debts, did he in any way in
teriere with the possession or profits and income oil
said idrm-That said Henry continued IN possession
of said farm, taking the profits and without claim or
hndrance from said Amos or any one else until about
May 1882 when he removed TO Lowell, Massachu
setts where he resided till his death which occurred
about the I'd December, 1882, leaving alive LYDIA
Wabridge, his widow, who still survives, and len
children
That on the 10Th December, 1882, John Wal
bridge then oil Calais took out from the Probate Court
for the district of Caledonia letters Of administration
the Estate Of said henry Walbrdge deceased, du-
ly represented the same insoIven and proceeded to
settle the samc-thnt the personal property OF said
Henry was appraised at $494 90 and an inventory
accepted and recorded by said Court: that Commits
soners Of Insolvency appointed and reported
the clnims due from said deceased to be 500 60
which was also accepted-but that said farm wac not
included in the Inventory nor appraised rs part OF
sFid Renry's property-That nearly all Of said claims
allowed by said Commissioners were due and owing
TO the several creditors named in said Commissioners
report at the time when said Henry and Amos enter
cd into said contract, and constituted tho debts Of said
Henry which said Amos agreed TO pay as before re-
ctedThat the said John, administrator, being threat
ened with prosecutions by said creditors because he
had not nventoried said farm the property of said
Henry, having first conferred with several of his
brothers and sisters and obtained their sanction TO the
measure resolved to se said farm and pay said cred
itors out Of the avails il there should be sufficient af
paying the widow for her interest by dover there
in-That the Orator being apprsed of such resolution
O! the said administrator and DESTROYS of purchasing
said farm finally closed bargain with him and agreed
TO pay said administrator 81 90 for said farm
And hereupon said administrator by his deed dated
the 10th day Of September, A. ID. 1884, duly execut-
ed conveyed said farm herein before described 10 the
! Orator.
all oJp Goo If
the said purchase money said Lydia Walbridge wild
ow of said Henry for her claim said farm and said
| Lydia quit claimed the TO him. And that said
| administrator paid most Of the remaining six hundred
| dollars OF said purchase money TO Hector Mclean,
John w. Dana and others, creditors of said Estate,
| whose claims had been allowed as aforesaid, in full
satisfaction of their several demandsand that all the
claims allowed as aforesaid with few trhng excep-
tons, were paid and satisfied in full out Of the money
thus paid to said Administrator by the Orator. Thai
the time Of executing said deed Of John Walbrdge
to the orator, all the heirs OF said Henry her
living, except said Amos had knowledge Of said con-
| veyance, and acquiesced in and approved thereof
That said John Walbridge is and has been 70
two or three years past insolvent and Bankrupt
The Orator further says that he entered and took pos
session Of said farm Immediately after the conveyance
from Jonn Walbrdge to him, and has ever since
peaceably possessed and enjoyed The same-being TO
the term OF about nine yearsTh0t all supposed sait
Amos to be dead, until about one year since, it wa
ascertaned that he was still living in tho State o
Pennsy lvania-and it rumored that said Amos, in
concert with Henry Walbridge, his brother, pre-
pairing to assert clum to said farm under color o
his deed from his father That on the 18th of April
1913, the said Amos executed and delivered TO sale
Henry Welbridge his promissory note of that date
therein promised to pay him the Of 81 900 with
out defalcation on demand and affixed to the sigma
ture Of said note scrawl marked l.. s. SEAL
The said note purpoed to be for value received, Blu
in truth was given without any real consideration
that it executed without consideration fraudulent
ly and collusively with full knowledge in both o
said parties Of the claims of the Orator the premi
ses, and of the source and grounds Of the Orator.
right thereto as herein before set forth. And will
the sole purpose of thereafter having suit com
menced on said Note, attaching said farm and havn.
the premises or part thereof set offon the execu
ton which might issue on the judgment to be render
ed on said note And to carry into effect this unjus
scheme to defraud the Orator of said farm, the salt
Henry Walbrdge on the 10th of May A. d. 1s43
prayed out his writ Of attachment said fraudulen
Note reurnabe to the June term of Caledonia Coun
ty Court, 1S43 and caused the said farm to be al
tached thereon-and afterwards entered tine same i
Court at SAID term, at which term notice was proved
and judgment passed by Default for said Henry fc
1 $4,000 Damages and 81 Costs and execution du
y issued thereon, put into the hands of prope
officer, who, the 9Th day of August, IS43, by III
directions of the said Henry Walbridge levied exen