Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1844-05-09

STATE Of CommeCGfcWG, ss.--.N term u
the SapeviOv Court, held kV adjournment at
Litckfeid in and for Litcl6eld County, on the
Sd Monday Of April 1874, sitting as a Court Of
Ch0nceTy-
TTPON the petition of Sally Nonhrop Of
" New. Milford in said county, showing
to this Court that she is the OwDeF and bs,Id-
er of a prOnissory note made by ketcheI
BiFdsey and Jonathan B. BirGsey. bate Of
Cornwall in said county, now Of Havana
in the county at Chemung aud state ut New
York, and Ezekiel Birdsey If said Cornwall,
dated the 10th day of March 1894. for one
thousand dollars and interest payable to
Johnson F. WeltOn Of Chard"n in the county
of Geauga and state Of OhiO-That To- secure
the payment of said note the said Kiichel
Birdsey, ON the day of the date "f said note,
nIortgaged 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 a
dwelling house thereon the second piece
containing about one acre and lying oPPo-
site 10 said dwelling house, ON the oth-
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
cLcNtFt DtTDScy Uy b'S ueCd ~
the said Welton another tract of land lying
in Cornwall called the Hart meadow tract,
containing about thirty acres-That for the
saune purpose, as part Of the same transact
tion, and in pursuance of the original agree
ment between all the parties to said notey
the said Ezekiel and Jonathan b Birdsev.
on the 1lth day of March 1894 mortgaged to
the said WeltOn two other tracts Of land w..
ing in said Cornwall particularly described
ia 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 he well and truly paid within ono
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 l1th day Of March 1884 in
stead of the 10Th day of March 1634-That
before the making Of said last mentioned
mortgage said Ketche! had mOrtgaged the
three pieces Cf land first mentioned in said
KetcheI's mortgage TO said Welionto George
Starr of Warren in said Litchfirld county,
and that after the making Of said KetcheI's
mortgage to said Welton said Keichel mort
gagged all said property by him mortgaged
to said Welton to George Cook of Goshen in
said Litchfield county-That all the before
mentioned mortgages are still outstanding
that said first mentioned mole 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 m0rtgage6 premises under
said mortgage deeds TO him has in fact ever
been executed by said Welton to the Petit
TONER:
And praying for the reformation of said
las, mentioned mortgage deed to said We'll
ton,and the correction Of said mistake there
in in regard to said date Of said mortgage
note, for decree Of foreclosure against the
said Kech"l Birdsey, Ezekiel Birdsey and
Jonathan B. Birdsev, and George Cook; and
that all the right, title and interest Of said
Wilton under and by virtue Of his said
mortgage deeds may by decree Of this Court
be- vested in the petitioner. as nv said prti.
ton on file, dated 9Th day of March 1914,
more fully appears.
And it appearing that said petition has
Hecn duly served upon said Cook and Tint
n true AMI at'rs'ed co?v ,here"fhas been bv
the Sheriff Of Litchfield County left in srr-
vice AT the mSIai place Of abode Of said Eze-
kicI Birist'v in slid Cornwall. but that mo-
service nj said peti,ion has been made upon
said Kntchel BiriSev or said Jonathan B.
BirdSev, and that said Ezekiel. ketch"l and
Jonathan 8. are absent from and n,rt Of this
sta'e-l1 Is ordered by This Court tina, far
iher notice be given tO the snid Ezekiel
Birdsey by publishing This order Of notice i'm
n newspaper printed in I.iichf"ld in said
Lichfrld county three weeks successfully
~ lras. sixty days before The next term IF
this Court: and that notice If the prndencv
Of this petition he given 10 the Sahi K"ichef
BirdSev Jonathan 3 BirdSev. and Johnson
F. Weli"n nv deposiiing in the Pos, Office
ut New. Milford, fur transmission bv mail,
(pnstnge paid.) true copy atiestrd by some
proper officer or Indifferent person. directed
I" said W.lfon nj his aforesaid place If res
idence. and like copies to said Ezekiel Bird
sey aud said Jonathan B. Birdsey Respective
" Mt their respective residences. at Irast
sixty days before the n"xt term Of ibis Court.
By the Court. GEO. c. WOODRUFF,
49 Assistant Clerk.
1WYO the Court IF prnbate FIR Tho District