The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-01-29

Abijah Stearns,
vs..
William Bingham, Addison Coun.
Ephraim Moulton, ty Court o
James A. Potter, Chdncery, De
Hosea Hamilton, cenlber Term
Arson Bell and wife, 1874.
William C.. Crafts and wife.
NNHEREAS, at the term of the Court
w OF Chancery held at Middlebury, in
and for the county of Addison on the second
Tuesday of December lS44, Abijah Stearns
of Cornwall, in said county, by d. Wooster
his solicitor, presented to said court his bill
CT complaint, setting forth, that on the 22d
day of August 1912, Joseph X. Spery OF
said Cornwall. conveyed to said Orator, by
mortgage deed, the following described lard
lying in said Cornwall, beginning at the south
east corner OF the mill lot; thence north 10
Dan Warmers south line: thence eastwardly
10 said line to the highway leading from said
Warmers house 10 the main road; thence
southery in the west line of said highway 10
the main road; thence eas;wardly in the south
line of the high way TO A. F. Abernetby S
west line; thence southerly in said Aberne-
lthy's westline to his southwest corner thence
eastwardly in said Abernelhys south line to
the west line of land owned BY Dan Warner;
thence southerly in said Warmers west line 10
r. p. Bingham's land; thence westerly on
said Bingham's north line TO the Beaver
Brook; thence westerly on the north line of
the old highway to the place of beginning,
l(except a lot included within the above
bounds, owned by Jesse Ellsworth aud Geo.
iWW Wooster, containing about l2 acres )cor-
tanning about 100 acres more or less; to Sc
cure the payment OF the following described
irromissory notes, TO wit: one for one thou
sand and ninety dollars and II cents payable
to said Orator, or order on demand with in
tyresr. and one for SIS dollars q ceuts payable
TO Rhoda Stcarns or order on demand with
interest, both said notes bearing even date
with said mortgage deed; also note dated
April 18th 1912, for the sum of 100 dollars
PAYABLE to the town Of Cornwall, one year
from the date thereof, and signed by The said
Joseph X. Sperry, Abrari F. Abernetly,and
said Orator; also note dated about the mid-
die Of july 1912 for the sum Of 80 dollars,
signed by the said JOSEPH, X. and said Orator
and payable TO the bank Of Middlebury three
months from the date thereof: That on the
same Goth day of August 1872, the said Jo-
seph x. Spcrry conveyed the same premises
to said Orator, in trust, as to the residue l
said estate, after satisfying the said sums Sc
cured by said mortgage, for the use Of the
following creditors Of the said Joseph X
Sperry. to wit: after paying the said Orator:
claims, in the second place forthe payment o
a balance of account. due from the said 10
seph X. Sperry 10 Ephraim Moulton of VIII
ting in said county of Addison and James A
Potter late of said Whiting now in parts I'M
known to said Orator, late partners in trade
at Bridport in said county under the firm o.
Moulton and Potter: and in the third plac'
for the payment of note 10 HoZea Hamil
ton of Bridport aforesaid, for the sum of l0t
dollars and interest thereon: And in the fourtl
place for the payment 10 Arson Bell and Je
rusha Bell his wife, of Malone in the count,
of franklin and State of New York, for
balance due them on notes: In the fifth pac
for the payment Of a note TO William Bing
ham of .Shoreham in said county of Addison
for the sum of one hundred and fifty dollar
and the interest thereon, And III the ski
! place for the payment of the remainder Q
, the said es,aie TO Lucina Crafts of Sharon i
a., the county of Washtenaw and state OF Mich
! igan: That the said Orator signed the san
notes payable to said Bank Of Midclebury,a
security merely for the said Sperry, and tina
he has been compelled 10 pay the same, au
that lie IL Tile owner III tue Sdlu bNAS ~ ANh
@ da Stearns; And IN the sums. specified |
G the condition of said mortgage deed hav
never. in part been paid and are now du
;, said Orator with large amount oil nteres
} And that the said mortgaged premises are II
IS sufficient security for the sums due him: An
Drawing that the defendants may be decree
to paw 10 the said Orator the SAID sums
Imoney with the inter est thereon.together wit
his costs; and that in default thereof that III
said defendants. and all persons claiming VI
Der them may be forecloseh OF all equity
redemption in said mortgaSed premises; Z
y that an account may be decreed 10 be take
y of the principal and interest due to SAID Or
- tor, on said mortgage, and that an accoul
= NAV be taken also Of The sums due the d.
- (endents respectively, under the SAID trns
> and that the said premises may be sold; An
= that out Of the proceeds OF such sale, IL
- said Orators costs and charges and all expei
: ses. together with the sums due SAID Orat'
u may, in the first place be paid, AND that ii
= surplus or residue may be paid 20 said defer
- dants, according to the conditions oil sa
:, trust:
III And whereas It'll suggested and shown
rhe Court. that James A. Potter, Arson BE
and Jerusha Bell his wife, and William
le Crafts ard Lucina Crafts his wife reside o.
&c Of this State, so that subpoena cannot
OF served on them; 1t IS therefore ordered
4 said court, that they be required to appear b
lie fore said courtof Chancery. on the first d;
d, of their next term to be held on the secoi
Id Tuesday of June 1915. and make answer
IN said bill by publishing this order in the No
Is thern Gala KY, newspaper printed at Mi
as dlebury three weeks successfully, the last
lie which publications shall be at least TWEEN
ID DAYS previous to the commencement Of &
lg oaid next term. S. SWIFT, Clerk.
as
Aenar GnnHo