Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1843-08-03
state of Vermont

hutlann, IS.
In Chancrrp. .NfnI. T'rrrn. lHI

In Chancery, Sept. Tern, isis.
Rowland p. Cooley, I WHEREAS, Rowispd =,
Cooley OF BENSON, In said
Frederick II. Ma,her, county OF Rutland, has filed
and others his bill OF complaint 10 tho
office OF the Clerk ofihis court, against Frederick
III. Mather, resident of the State OF Illinois, AID
Ira n. Ms,hcr, Isaac Griswold, Laura Mathcr,
Henry ;. Easion, aud John dickinson, all of ben.
aforesaid, Siahng that on the 30 day Of August
A. ID. IsIi, the said Ira n. Ms,her and frsdcfiek
". Maiher being indebted to the said Rowland r.
Cooley IN the sum oil four hundred dollars, specified
in their pfomssofy note OF that date payable TO tho
said Cooley, or his order, IN one year thereafter;
IN order 10 secure the payment thsfeo executed TO
the said Rowland =. Cooley decd OF mortgage,
conveying to him the said Cooley and his heirs and
assigns, the following described estate In said Ben
son, viz all their night. title, INTEREST," property and
demand ia or unto a certain farm Of land. situated
Ia said Benson, and containing about one hundred
and fifty of land, be the same more or less and
being the home farm upon which the said Ira N
Mather and Frederick H. Maiher then lived bound.
cd west 10y the highway leading from Benson vii
lage, SOUTH to Wesihaven. the south by the road
leading from said highway, by Noble saw mill, TO
the turnpike in said Benson; on the east by lands
owned by Walter Durfee and on the north by
lands owned by Horace King; subject 10 ths noum-
brance OF two mortgages, one executed 10 John Cot
ton Smith, and the other to Apollos Austin; condi-
toned that the said deed be void the payment of
the said sum OF money specified IN the said proms-
sorry note, according to the tenor and effect Of tho
same, which is not pad,-and further stating and
charging that the said Isaac Griswold. Laura Math-
or, Henry 5. Easton, and John Dickinson are and
claim 10 be nesested IN said morlgaged premises,
and To be entitled TO redeem the same, by virtue Of
! subsequent conveyance 10 them respectively made,
(Which severally described and set forth IN ihs
said blli in some other manner And prryirg,
among other things, that tho SAID Ira ~ Mather,
Frederick IT, Mahcr, Isaac GTiswold, Laura Math-
ter, Henry > Eason, and John Dickinson may be
decreed to pay and satisfy TO the said Row land z.
Cooley the amount due and TO grow due upon the
said promissory note. together with the Orators
r costs, by some short day to be appointed by this
Court, to be forever foreclosed Of and from all
equity Of redemption or claim in and ~ said mort
gagged premises and every part thereof.
And whereas 1t appears that the said Frederick
H. Maher resides out Of this State, so that . sub
ppBa canno, be served upon him,--Therefors, in
pursuance Of The statute in such made and pro.
vided notice is hereby given 10 the said Frederick
H. Mather that he is hereby required 10 appear be-
fore the Court Of Chancery Of the first Judicial Cit
cult Of the State Of Vermont nj the court house in
Rutland in said county OF Rutland. on the second
Tuesday of September next. being the first day OF
the next stated term Of the said Court OF Chancery
in the county OF Rutland aforesaid, and then and
there in said court to make answer to the bill OF
complaint aforesaid, and abide such order, direction
and decree therein, as to the said court shall seem
meet. And the said complainant is directed to
cause this order to be published three weeks sue
cessvely in the Rutland Herald, newspaper print
ed Rutland in said county Of Rutland, tho last of
which said publications shall be at least twenty
days previous to the said second Tuesday of Sep
TENDER next.
Dated at Rutland, in said county Of Rutland, ,hi.
eth day Of July A. d. Is43
! 3I:33 f. W. HOPKINS. Clerk.
l.. C. Kellogg, solicitor for the complainant.