The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1843-10-31


administrator Paid most Of tho remaining six hundred
oollnrs OF said purchase money TO Hector Mclean,
'ohh W. Dana and Others creditors Of said Estate,
whose claims had been allowed aforesaid, in full
satisfaction Of their several deands-and that all the
claims allowed ms aforesaid with few trifng excep-
ilons were paid and satisfied in full Out of the money
thus paid to said Administrator by tho Orator That
at the time OF executing said deed of John Wabridge
to the orator. most all the hes OF said Ueory Than
living except said Amos, had knowledge Of said con-
veynnce and a"quiesced in and approved thereof
That said John Walbridge is now and has been for
TWO or three years past nsolvent and Bankrupt
The Orntor further says that he entered and took pos
session of snd farm Immediately after the conveyance
from Jonn Walbridge to him, and has ever since
Peaceably possessed and enjoyed :he being for
the term OF about nine yearsThnt all supposed said
Amos 10 be dead, until about year since, il wns
ascerthned thht he still living in the State of
Pennsylvania-and it was rumorcd that said Amos in
concert with Henry Wulbridge, his brother, was pre-
pairing to assert claim to said farm under color of
his deed from his father. That the 18th Of April
1913, the said Amos executed and delivered 10 said
Henry Wnlbridge his pronissory note of that date
therein promised to pay him the sum OF So 900 with
out deialcatlon on demand and affixed to tho sigma
tnre OF said note a scrnw marked l.. S. as n SEAL
The said note purpored be for value received bur
in truth was given without any real consideration
that It was executed without consideration fraudulent
y and cofusively with full knowledge in both of
said parties OF the claims Of the Orator TO the premi-
ses, and OF the source and grounds of the Orators
right thereto rs herein before set forth And with
the sole purpose Of thereafter having a suit com.
menccd on said Note, attaching said farm and having
the premises or part thereof set ofon the execu-
non which might issue on the judgment 10 be render
ed on said note And to carry into effect this unjust
scheme to defraud the Orator of said farm tho said
Henry WnIbridge on the 10th of May A. ID. IS43,
prayed out his writ Of attachment on said fraudulent
Note returnahle To the June term Of Caledonia Coun-
~ Court 1913, and caused the said farm TO be at
tnched thereon-and afterwards entered the same in
Court at sand term, at which term notice was proved
and Judgment passed by Default for sud Henry for
$4,000 Damages and 81 81 Costs and execution du-
" issued thereon, put into the hands ofa proper
officer, who, on the Sth day Of August ls4S by the
directions OF the said Henry Wabrdse levied
ed the same on the following lands, in said Cabot
beinS part oil the same premises described in the
SAID deed Iro John Wahrdge TO the Orator. viz: ga
certain piece of land with the appur in Cabot
containing about 10 acres be the same more or less
and described as follows, to Wit: all the land
in the town of Cabot aforesaid lying on the east side
oil the road leading from MaT4l,fe'd village to Cabot
upper branch ESQ caled) which was decided by Hen
ry Nalbrldge late of Cabot deceased to the said
Amos Walbridge by deed duly recorded reference
heng had 10 said deed for further description of tho
premises the proper estate Of the said Amos in fee'
in part or in whole satisfaction of said execution and
the officers fees thereon-which execution was AFTER
wards returned 10 the Office Of the County Clerk
whence il issued.
That the said Henry and Amos both threaten the
Orator with an action of Ejectment possess
seluent proc 'cdngs under it are colusve and frau
duIent and instituted with the sole intent and pur-
pose in said Henry and Amos Of depriving the Ora
Tor OF portion OF said farm. That since the Orator
Purchased said farm he has made various improve
menls thereon to the vaue of one Thousand dollars,
of all which the said Henry and tho other sons and
daughters oil said deceased were appraised ard never
objected thereto, nor gave the Orator any nnce not
TO proceed IN such improvements.
That said John Wabrdge never paid any thing to
the Orator on account of the breach of the Covenant
OF seizure or any other Covenant in i'd deed from
said john to the Orator, have any of the defend
ants IN this bill paid rendered TO the Orator the
whole or any part OF the money which he paid for
sind farm And the Orator prays that the said Hiram
WaIbridgc, Amos Walbridge, Henry Walbridge,
liezekiah Ward and Adeline his wife, William Cush-
man and Lydia eastman his wife, Milton Bradford
and fryphenia his wife. Rebecca Walbridge and Su-
sun Wabridge may be decreed to execute and deliv-
er to the Orator. good and valid quit claim deeds Of
SAID farm conveying to the Orator and his heirs and
assigns forever all their right title and interest respec-
tVeiy, IN and to SAID iarm-upon such terms and
conditions as to the Honorable Chancellor shall seem
Just ahd equitable. And that snid Amos and Henry
be forever restrained by solemn injunction from said
topTt from prosecuting any action or suit at law for
the recovery of the possession of said premises and
also the other heirs of said deceased be by Injunction
from said Court forever respectively restrained from
bringing or prosecuting any suit or action at law to
recover possession Of or establish any right title to
said farm heirs of said deceased or as heirs or as
for such other and further relief shall be agreeable
to equity and good conscience.
And whereas it appears that Hiram Walbridge and
Amos Wnbrdge aforesaid reside without this State
so that Subpoena cannot be served upon them,
Therefore is pursuance of the provisions of the Goth
Section Of the 2lth4Hhnptcr of the Revised Statutes
of this State Notice is hereby given the said De-
PENDANTS and they hereby required make their
personal appearance before the Chancellor of the 4th
judicial Circuit ofthe State Of Vermont The Court
house in Dnnvi,le in said County of Caledonia the
first Tuesday December next, being the first day
OF the next stated term Of the Court of Chancery in
said County, and make aGswer to Said Bill of Com
plant, and abide the order of said Chancellor in the
premises And the Complainant in said bill is order
ed to cause this order TO be published three weeks
successfully in 'the Caledonan,'' newspaper prin-
ted at ST. Iohnsbury in said Caledonia County, the
last publication to be at least 20 days previous the
commencement Of said stated Of said Court
of Chancery.
Given under my hand at Danvie aforesaid this
27th day Of October, A. ls43.
SAMUEL B. MATTOCKS, Clerk.
CHARLES DAVIS. Solicitor. 326wS
Sfround ou &4O10~