Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-08-01
IN R sniASc E; Sept. Term, 1874.
GIDEON FEM, ct al. NV

o'DAoN NNN' ell al w urprAs
SILAS GlDDINGs, etal. Gideon Fem g.
Grove L.Smith, both of Rutland, in the Coun-
ty oi Rutland. have this 2 i,h day of July, A.
ID. 1874 filed their bill of complain; in this
Court agains, Slas Gddings aud Rachel Gid
dines OF laid Rutland, Louis Bates of Ira, Har-
ts Bales, Amey Bates aud IIopey Bates Of
Benson, all in said County of Rutland, Ros
well Bates Of Coral in the County OF MclTen-
~ 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 to Elisabeth Harris and the heirs of
her body 100 acres Of land lying east of where
he had lived, and in the end division of lands
in said town that said Elisabeth married
Christopher Bates, and said Christopher and
Elisa beth sold to said Gideon ID acres Of
said land for 200 dollars and to Daniel Bates
10 acres OF said land for 30 dollars that said
Christopher and Elisabeth executed an instru-
ment purporting To be a deed 10 said Gideon
of said l. acres, with the usual forms, except
that they through lnadvertence neglected TO
seal the same, and delivered the same to said
Gideon as a perfect deed, the same contain
ing the usual covenants of warrants and Sci
gin that they executed to SAID Daniel Bates,
deed with like covenants OF SAID 10 acres !;
that said Gideon and Daniel Bates paid said
Christopher and Elisabeth the sums for which
said premises were sold as aforesaid, and
said Christopher and Elisabeth, being desti-
tute of other sufficient means expended sad
sums in the maintenance and education of
their children ; that at the time Of said con-
tract Of purchase by said Gideon the preml-
SEES were incumbered by State tax; and
that said Gideon bid off the premises so pur-
chased by him AT the vendue of lands on said
tax, and that the Collector conveyed the same
! TO saldGldeon; that said collector had pursued
all the steps requisite to make said sale valid,
but that record OF his proceedings could not
| be found in the rOwnC Jerk office in ailRut-
| land that the title Of said Gideon under said
deeds to between 7 and.S Of said Is acres, and
the title of said Daniel Bates to SAID 10 acres
become vested in the said Grove L. Smith
that said Elisabeth deceased in 1882 and
said Christopher in 1896 ; that during their
! lives, neither they nor any one under them
prefened any complaint or molested the ora
tors in the enjoyment Of said premises; and tina,
the orators and those under whom said Grove
claims have greatly improved the premises;
that defendants claiming to be the children
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 ejectment agans,
tho Orators for the recovery of the said prem
iscs and praying that said suit might be en-
Joined, and said instrument executed by said
Christopher and Elizabeth to said Abner ,ant
the said collectors deed, be established as
good deeds, dc.
1t appearing that said Roswell Bates ant
David Bates resides out OF this State, so tina
subpoena cannot be served upon them. |,
is ordered that they be required to appear
the term of this court next to be holden a
Rutland in and for said county of Rutland OF
the 2ud Tuesday Of September A. ID. 1915
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 SAT-
Rutland, three weeks successfully, the las
of which shall be a least twenty DAYS pre-
vious to the commencement Of said term.
3I,33 F. w. HOPKINS, CLERK.
s. II. & f. f. HoDGEs, Solicitors.