Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-08-15
IN F fMASc p; 'fscp,. Term, 1871.
GIDEON FENN,N al } W,,,,,.

rs. w UrREhS
sILAS GIDDINGS, etal. Gideon Fem &
Grove L.Smjth, both of Rutland, in tho Coun-
~ Of Rutland have this 2iih day of July, A.
ID. 1874 filed their bill Of complain; in this
Court agains: Silas Giddings AID Rachel Gid
dings of said Rutland Louis Bates Of Ira flar-
ris Bates, Amey Bates and lIopoy Bates OF
Benson, all in said County of Rutland, Ros-
well Bates OF Coral in the County of McIjen-
nv and State Of Illinois, and David Bates of
Hampton, in the County of Washington and
State OF New York, complaining that Dan
iel Harris OF said Rutland died in 1871 be-
queathing 10 Elisabeth Harris and the heirs of
her body 100 acres Of land lying east OF where
he had lived, and in the 2nd division OF lands
in said town that said Elisabeth married
Christopher Bates, and said Christopher and
Elisa beth sold to said Gideon Is acres OF
said land for 900 dollars and 10 Daniel Bates
10 acres OF said land for 20 dollars that said
Christopher and Elisabeth executed an nstru-
mcnt purporing to lie deed 10 said Gideon
OF said 10 acres, with the usual forms. except
that they through inadvertence neglected 10
seal the same, and delivered the same TO said
Gideon as perfect deed, the Same contain
ing the usual covenants Of warrants and SET
gin that they executed to SAID Daniel Bates,
a deed with like covenants OF SAID 10 acres
that said Gideon and Daniel Bates paid said
! Christopher and Elisabeth the sums for winch
said premises were sold as aforesaid, and
said Christopher and Elisabeth, being des,i-
tute of other sufficient means expended said
sums in the maintenance and education OF
their children that at the time of said CON
tract of purchase by said Gideon the prem
ses were incumbercd by State tax and
that said Gideon lid Off the promises so pur-
chased by him a, the venlue Of lands on said
tax, and that the Collector conveyed the same
TO saidGideon that said collector had pursued
all the steps requisite to make said sale valid
but that a record OF his proceedings could no
be found in therownClerk's office in saidRu,
land that the title Of said Gideon under saic
deeds to between and Of said IS acres ,anC
the title Of said Daniel Bates to SAID 10 acre.
become vested in the said Grove l.. Smith
that said Elisabeth deceased in 1882 ant
said Christopher in 1886 that during ,hei
lives, neither they nor any one undor then
preferred any complaint or molesicd the ora
tors in the enjoyment OF said premises; and tha
the orators and those under whom said Grove
claims have greatly improved the premises
that defendants claiming 10 be the ch!idrer
and heirs Of said Elisabeth and pretending
that the orators had an estate in the premis
ses only for the life Of said Christopher have
commenced an action Of eieciment sgains
The Orators for the recovery OF the said prem
Uses and praying that said suit might be en-
Joined, and said instrument executed by saiC
} Christopher and Elizabeth 10 said Abner AN,
the said collectors deed, be established a
) good deeds, &c.
1t appearing that said Roswell Bates an
David Bates resides out of this State so lha
, subpoena cannot be served upon them. !
, is ordered that they be required TO appear a
the term OF this court next TO be holden O
Rutland in and for said county of Rutland O
the 2nd Tuesday Of September A. ID. 1874
and make answer to said bill and that the
be notified thereof by publishing this orde
including the substance Of said bill in III
Rutland Herald, newspaper printed in sal
Rutland, three weeks successfully, the Ia,
; of which shall be a least twenty DAYS pre-
vious 10 the commencement Of said Term.
, 1888 +. w. HOPKINS, Clerk.
S. II. G. Z. +. HoDors. Solicitors.