The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-02-12
Abijah Stearns,

vs..
William Bingham, | ADDISON Coun-
Ephraim Moulton, tn Court OF
James A. Potter, Chancery, De-
Hosea Hamilton, cember Z erm,
Arson Bell and wife, 1874.
William G. Crafts andw
va HEREAS, at the term of the Court
w Of Chancery held at Mddlebury, in
and for the county of Addison on the second
Tuesday of December 1914, Abijah Stearns
Of Cornwall, in said county, by D. Wooster
his solicitor, presented to said court his bill
of complaint, setting foEth, that on the 22d
day of August 1872, 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 TO
Dan Warmers south line: thence eastwardiy
in said line to the highway leading from said
Warmers house TO the main road; thence
southerly in the west line OF said highway to
the main road; thence eas,wardly in the south
line Of the high way 10 A. F. Abernethy's
west line; thence southerly in said Aberne-
thy's wcstline to his southwest corner; thence
eastwardly in said Aberneihy's south line to
the west line of land owned By Dan Warner;
tutnCc SoulHcIlD VI Sdtu w dIuer NeSl line 10
r.. p. Binsham's land; thence westerly on
said Bingham's north line 10 the Beaver
Brook; thence westerly on the north line of
the old highway to the place of beginning,
Except a lot included within the above
bounds, owned by Jesse Ellsworth aud Geo.
WWooster, containing about 3 p acres )con-
tanning about 100 acres more or less; 10 Sc
cure the payment Of the following described
pIomissory notes, to wit: one for one thou
sand and ninety dollars and IL cents payable
to said Orator, or order on demand with in
teresi, and one for IS dollars "a ceuts payable
to Rhoda Stcarns or order on demand with
interest, both said notes bearing even date
with said mortgage deed; also a 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, Abram f. Abernethy, and
said Orator; also note dated about the-rnid-
die of July 1912 for the sum of so dollars.
signed by the said Joseph X. and said Orator
aud payable TO the bank OF Middlebury three
months from the date thereof: That on the
same 25ih day of August 1912, the said Jo-
seph X. Spcrry conveyed the same premises
to said Orator, in trust, as 10 the residue of
said estate, after satisfying the said sums Sc
cured by said mortgage, for the use of the
following creditors Of the said Joseph X.
Srerry, TO wit: after paying the said Orators
claims. in the second place for the payment Of
a balance of account, due from the said Jo-
seph K. Sperry TO Eplraim Moulton of Viii
ting in said county of Addison and James A.
Potter late of said Whiting now in parts uu-
known to said Orator, late partners in trade
at BridpOrt IN said county under the firm of
Moulton and Potter: and in the third place
for The payment of note to HoZea Hamil-
ton of Bridport aforesaid, for the sum of LOG
dollars and interest thereon: And in the fourth
place for the payment TO Arson Bell and Je-
rusha Bell his wife, Of Malone in the county
of Franklin and State of New York, for
balance due them on notes: In the fifth place
for the payment OF note TO William Bing-
ham of Shoreham in said county of Addison,
for the sum of one hundred and fifty dollars
and the interest thereon, And in the sixth
place for the payment Of the remainder Of
the said esIate to Lucina Crafts OF Sharon in
the county OF Washtenaw and state of Mich
igan: That the said Orator signed the said
notes payable to said Bank Of hliddlebury,as
security merely for the said Spcrry. and that
he has been compelled to pay the same, and
that he is the owner of the said note to Rho
da Stearns; And that the sums specified in
the condition of said mortgage deed have
never, in part been paid and are now due
said Orator with a large amount Of interest:
And that the said morteaged premises are in
sufficient security for the sums due him: And
praying that the defendants may be decreed
to pay TO the said Orator the said sums of
money with the interest acknowledgement with
his costs; and that in default thereof that the
said defendents, and all persons claiming I'M
her them may be foreclosed Of all equity Of
redemption in said mortgaged premises: Or
that an account may be decreed to be taken
of the principal and interest due to said Ora
tor, on said mortgage, and that an account
may he taken also of The sums due the de-
iendents respectively, under the said trust,
and that the said premises may be sold: And
that out OF the proceeds Of such sale, the
said Orators costs and charges and all expen-
ses, together with the sums due said Orator
may, in The first place be paid, and that the
surplus or residue may be paid to said defen-
dants, according to the conditions of said
trust:
And whereas tits suggested and shown to
rhe Court that James A. Potter, Arson Bell
and Jerusha Bell his wife, and William C.
Crafts and Lucina Crafts his wife reside out
of this State, so that a subpoena cannot be
served on them; Ii is therefore ordered by
said court. that they be required to appear be.
fore said court of Chancery, on the first day
Of their next term to be held on the second
Tuesday of June 1915. and make answer TO
said bill by publishing this order in the Nor
thern Galaxy, newspaper printed at Mid
ilebury three weeks successfully, the last of
which publications shall be at least twenty
days previous to the commencement CT the
said next term. S. SWIFT, Clerk. So