Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1844-06-06

ton to the price charged at the Railroad.--
They would also give notice that they will
transport merchandise 10 or from the Rail
road 10 or from any of the above named pla-
PRATT g. FOSTER.
West Cornwall, April %, 1874. 2m49*
state of Connecticut, ss.-.qt term of
=. the Superior Court, held by adjournment at
h. Lstehfeld in and for Litchteld County, on the
Sd Monday Of .4priI 1914, sitting as Court OF
Chancery--5 sA.a--.i.l 81.
| TTPON the petition of Sally Northrop OF
~ New-Milford in said county, showing
to this Court that she is the owner and mold,
| err of promissory note made by ketcnel
Birdsey and Jonathan B. Bircsey, late OF
Cornwall in said county, now OF Havana
in the county of Chemung and state OF New
York, and Ezekiel Birdsey of said Cornwall,
dated the 10th day of March 1884,, for one
thousand dollars and interest payable to
johnson Eviction of Chardon in the county
of Geauga and state of Ohio-That to secure
the payment of said note the said Kitchel
Birdsey, on the day of the date Of said note,
"mortgaged by deed 10 said Welton four
tracts Of land lying in said Cornwall, parti-
cularly described in said deed the first
piece containing about fifty acres with
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 mortgage 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 the same transact
ton, and in pursuance of the original agree
inent between all the parties to said note,
the said Ezekiel and Jonathan B. Birdsey,
on the I1th day of March 1884 mortgaged to
the said Welton two other tracts of land ly-
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 to each of said mort
gage deeds provided that if the said note
should be well and 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 18th day of March 1884 in
stead of the 10th day of March lS34-That
before the making of said last mentioned
mortgage said Ketchel had mortgaged the
three pieces cf land first mentioned in said
Ketcheis mortgage to said Welton to George
Starr of Warren ia said Ltchfield county,
and thatafter the making of said KetchePs
mortgage to said Welton said Ketchel mort
gagged all said property by him mortgaged
to said Welton to George Cook Of Goshen in
said Iitchfield county-That all the before
mentioned mortgages are still outstanding
that said first mentioned note is still unpaid,
and that although the Petitioner is the own-
er and holder Of said note, yet no assign
ment or written conveyance of said Welton's
interest in said mortgageG premises under
been executed by said Welton to the Petit
toner: s ..'5,,,s f..5, - -.s..s,
And praying for the reformation of said
last mentioned mortgage deed to said Wei.
on,and the correction of said mistake there
in in regard to said date of said nor. gage
note, for decree of foreclosure against the
said Ketchel Birdsey, Ezekiel Birdsey and
Jonathan B. Birdsey, and George Cook; and
that all the right, title and interest of said
Welton under and by virtue of his said
mortgage deeds may by decree of this Court
be vested in the petitioner, as by said petit
ton on file, dated Sth day of March 1914,
more fully appears. ssa N
sonAnd it appearing that said petition has
been duly served upon said Cook, and that
a true and attested copy thereofhas been by
the Sheriff of Litchfield County left in SER
vice at the usual place of abode of said Eze:
kiel Brdsey in said Cornwall, but that no
service of said petition has been made upon
said Ketchel Birdsey or said Jonathan B.
Birdsey, and that said Ezekiel, Ketchel and
Jonathan B. are absent from and out of this
state-lt is ordered by this Court that fur
Their notice be given to the said Ezekiel
Birdsey by publishing this order of notice in
newspaper printed in Ltchfield in said
Litchfield county three weeks successfully
at leas. sixty days before the, next term of
this Court; and that notice of the tendency
of this petition be given to the said Ketchel
Birdsey, Jonathan b. Birdsey, and Johnson
+. Welton by depositing in the Post Office
at New. Milford, for transmission by mail,
postage paid,) true copy attested by some
proper officer or Indifferent person, directed
to said Weldon al his aforesaid place of res
idence. and like copies to said Ketchel Bird
r. u