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

In Chsneery, Sept. Term, Is43.
Rowland p. Cooley, WHEREAS, Rowland P.
vs.. Cooley of Benson, in said
Frederick II. Msshsr, county OF Rutland has filed
and others. his bill OF complain, in the
Office of the Clerk of this court, against Frederick
H. Ma,her, a resident Of the State Of Illinois, and
Ira n Maiher, Isaac Grswold. Laura Mather,
Henry S. Easton, and John Dickinson, all Of Ben
son aforesaid, Stating that the Sd day of August
A. ID. ls<i, the said Ira N. Ma,her and Frederick
H. Maher being indebted TO the said Rowland p
Cooley in the sum Of four hundred dollars, specified
10 their promssory note of that date, payable to the
said Cooley, or his order, in year thereafter;
in order TO secure the payment thereof executed TO
the said Rowland p Cooley decd of mortgage,
conveying to him the said Cooley and his heirs and
assigns the following described estate in said Ben
son, viz oil their right, title, interest, property and
demand in or unto certain farm Of land, situated
in said Benson, and containing about one hundred
and fifty OF land be the more or less and
being the home farm upon which the said Ira N.
Mather and Frederick II. Ma,her then lived bound
ei west by the highway leading from Benson vii
lage, south, to WeshaveR the south by The road
leading from said highway, by Mobiles saw mill, 10
the turnpike in said Benson; on the east bv lands
owned bv Walter Durfee; and on the north by
lands owned BY Horace King; subject to the incum.
brance oftws mortgages, ono executed to John Cot
ton Smith, and the other TO Apollos Austin; condi
toned tina, the said deed be void on the paymen, of
the said sum Of money specified in the said promis-
sorry note, according TO the tenor and effect of the
same, which is not paid;-and further stating and
charging that the said Isaac Griswold Laura Matb
er, Henry s. Easton, and John Dickinson are and
claim TO be inesested in said mortgaged premises,
and to be entitled to redeem the same, by virtue OF
subsequent conveyance to them respectively made,
(Which severally described and set forth in The
said BILL, or in some other manner: And praying,
among other things, that the said Ira NJ Mather.
Frederick II. Mather, Isaac GTiswold, Laura Math-
err, Henry S. Easton, and John Dickinson NAV be
decresd to pay and satisfy to the said Rowland P.
Cooley the amount due and TO grow due upon the
said promissory note, together with the Orators
costs, by some short day to be appointed by this
Court or to be forever forscosed of and from all
equity OF redemption claim in and 10 said mort
gagged premises and every part thereof.
And whereas it appears that the said Frederick
H. Ma,her resides out of this State so that sub
pn,na cannot be served upon hm,-Therefore, in
pursuance of the statute in such made and pro-
vded, notice is hereby given TO the said Frederick
II. Mather that he is hereby required 10 appear be-
fore the Court of Chancery oftbe first judicial cir
cult Of the State of Vermont at the court house 10
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, to the said court shall seem
meet. And the said complainant is directed to
cause this order TO be published three weeks sue
cessively in the Ruiland Herald, newspaper print
ed at Rutland in said county OF Rutland, the 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 this
eth day Of July A. d. ls43.
sl:33 F. W. HOPKINS. Clerk.
| L. C.. Kellogg, solicitor for the complainant.