Litchfield enquirer., 1844-05-02

| state OF Connecticut, ss.-.H term OF
the Superior Court, held Ey adjournment al
! LifehfeId ga and for LitctfeLd County, Oa the
3D. Monday Of April lsl4, sitting as Court Of
| Ch0nc@y-
TTPON the petition of Sally Northrop of
| u New-Miliord in said county, showing
to this Court that she is the owner and huld-
er of prOmissory note made by Ketchel
Birdsey and Jonathan B. BirGsey, late of
Cornwall in said county, now of Havana
| in the county OF Chemung aud state IF New
York, and Ezekiel Birdspy of said Cornwall,
dated the 10Th dav of March 1884, for one
thousand dollars and interest payable to
Johnson Eviction of Cnardon in the county
of Geauga and stale of Ohi0-That to- secure
| the payment of said note the said Kitchel
Birdsey, on the day of the date If said note,
mortgaged by deed to said Wet1on four
| tracts of land lying in said Cornwall. parti-
cularly described in said deed the first
piece containing about fifty acres with a
! dwelling house thereon the second piece
containing about one acre and lying oppo-
site to said dwelling house, on the 9TH
er side of the highway; the third piece
containing about fourteen acres, and the
fourth piece about fifty acres-That at the
same time and for the same purpose the said
Ezekiel Birdsey by his deed mortga ged to
the said Welton another tract of land lying
in Cornwall called the Hart meadow tract,
containing about thirty acres-That for the
same purpose, as part of :he same TRANSACT
ton, and in pursuance of the original agree
ment between all the parties To said note,
the said Ezekiel and Jonathan B. Birdsey,
on the llth day of March 1894 mortgaged to
the said Welton two other tracts of land w.
ing in said Cornwall particularly described
in said last mentioned mortgage, one piece
! containing about forty two acres, and the
other about seven acres-That the respect.
i've conditions annexed 10 each Of said mort
gage deeds provided that if the said note
should he well aud truly paid within one
year from its date said mortgage deeds re-
spectively should be void, otherwise should
remain in force, but that in said condition
annexed TO said last mentioned mortgage
deed said note was by mistake described as
bearing date the ll,h day of March 1884 in
stead of the 10th day of March l53A-That
before the making of said last mentioned
mortgage said Ketche! had mortgaged the
| three pieces ct land first mentioned in said
| Ketchel's mortgage to said Welton to George
! Starr of Warren in said Liichfirid county,
and that after the making of said Ketchcl's
mortgage 10 said Welton said Kelchel mort
gagged all said property 10y him mortgaged
to said Welton TO George Cook of Goshen in
said l.ilchtield couniy-That all the before
! mcnilOnet mortgages are still outstanding
that said first mentioned note is still unpaid,
and that although the Petitioner is the own.
err and holder of said note, vet no assign.
men, or written conveyance of said Weltun's
interest in snid mortghged premises under
said mortgage deeds to him has in fact ever
heen executed by said Welton to the Pet.
| TONER:
And praying for the reformation of said
( last mentioned mortgage deed to said Wei
ion,and the correction Of said mistake there
| in in regard to said date of said mortgage
| note, for decree of foreclosure against the
said Ketchcl Birdsey, Ezekiel Brdsry and
| Jonathan B. Birdsev, and George Cook; and
I that all the right, title and interest Of said
| W'l,on under and by virtue Of his said
mortgage deeds may by decree of this Court
he vested in tho peiiiinnar, as ny SAID priI.
ton on file, dated 6lh day of March 1874,
more fully appears
| And it appearing that said petition has
been duly served upon said Cook, and that
true and nttcs,ed copy thereof has been bv
the Sheriff OF Litchfrd County left in ser
| vice at the usual place Of abode OF said EZe-
kirl Birdsey in said Cornwall, but that no
service of said petition ha, been made upon
said Krtche Brr,isey or said Jonathan b.
! DiTNStiNs HIlu lIlHi Siltu EL'kt'I, N'lCItI u'u
| Jonathan B. are absent from aud out OF this
state-l, is ordered by this Court that fur.
! her notice be given TO the "ld Ezekiel
Bird>ey by publishing this order OF notice in
ii newspaper p rintrd in Ii,chfeId in said
| Lilchficld county three weeks Succcssively
al Iras, sixty days before the next term OF
this Court and that notice of the tendency
| OF this petition he given to the said K"'chel
/ BrdSev, Jonathan b. Blrdsey, and Johnson
! F. Welton hy depo>iiine in the Post Office
ut New M .Ifnrd, for transmission by mail,
! postage paid,) IA true copy ailesied by some
| proper officer or Indifferent person. directed
! 10 said Weldon nj his aforesaid place Of res
! idcnce, and like copies 10 said Ezekiel Bird
sey and said Jonathan b. BirdSey respective
" at their respective residences, a. least
sixty days before the next term of this Court.
By the Court. GEO. C. Woodbury.,
40 Assistant Clerk.
rENO the Court of Probate for The District
Il of Roxbury:
| The application Of DANIEL G. PLATT OF
Washington, county of LIlchtield. respect
fully showeth-That he is guardian to Eras.
ius J. fiurlbut of said Roxbury. minor he
I longing to said district, ard that said minor
| Is the owner Of the followi X rea estate in
tenant and common with George l.. Hurbut
deceased, viz /: three pieces "f land situated
in the northwest par, Of said Roxbury with n
dwelling house standing thereon, hring the
land conveyed To the said George Land f