The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-02-05
Abiiah Stearns,

80 3T Principal.
Abiah Stearns,
vs.
William Bingham, Addison Cou1-
Ephraim Moulton, ty Court OF
James 4. Potter, ChGncery, De
Hosea Hamilton, cember Term,
Arson Bell and wife,, 1874.
William G.. Crafts and wife.
WHEREAS, 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 1914, Abijah Stearns
Of Cornwall, in said county, by ID. Wooster
his solicitor, presented TO said court his bill
of 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 land
lying in said Cornwall, ginning at the south
east corner Of the mill lot; thence north to
Dan Warmers south line: thence eastwardly
in SAID line to the highway leading from said
! Warmers hosse 10 the main road; thence
southerly in the west line of said highway to
( the main road; thence easwardly in the south
! line of the high way 10 A. +. Abernethy's
west line; thence southerly in said Aberne-
thy's westlne to his southwest corner; thence
eastwardly in said Abcrnethy's south line to
the west line of land owned by Dan Warner;
thence sou,herly in said Warmers west line to
r. p. Bingham'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 lot Included within the above
bounds, owned by Jesse Ellsworth and Geo.
WWooster, containing about 3 l-2 acres )con-
tanning about 100 acres more or less; 10 Sc
cure the payment of the following described
promissory notes, to wit: one for one thou
sand and ninety dollars and IL cents payable
to said Orator. or order on demand with in
terest, and one for IS dollars "a ceuts payable
10 Rhoda Stcarns or order on demand with
interest, both said notes bearing even date
with said mortgage deed; also note dated
Arrii 18th 1542, 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. Acknowledgment
said Orator; also note dated about the uid-
die of July 1912 for the sum of SO dollars,
signed by the said Joseph K. and said Orator
and payable 10 the bank of Middlcbury three
months from the date thereof: That on the
same 25th day Of August 1872, the said Jo-
seph X. Sperry conveyed the same premises
10 said Orator, in trust, as to the residue of
said estate, after satisfying the said sums Sc
cured by said mortgage, for the use Of tie
following creditors Of the said Joseph X.
Sperry 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 X. Sperry 10 Ephraim Moulton of Viii
ting in said county Of Addison and James A.
Potter late of said Whiting. row in paris un-
known TO said Orator, late partners in trade
nj Bridport in said county under the firm OF
Mouion and Potter: and in the third place
for the payment of note TO Hozea Hanil
ton of Bridport aforesaid, for the sum Of l06
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 4
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
aud The interest thereon, And in the sixth
place for The payment of the remainder o!
the said estate to Lucina Crafts Of Sharon in
the county Of Washtcnaw and state of Mich
igan: That the said Orator signed the said
notes payable TO said Bank of Middlebury, as
security merely for the said Sperry, 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 large amount Of interest:
And that the said mortgaged premises are in.
sufficient security for the sums due him: And
praying that the defendants may be decreed
to pay 10 the said Orator the said sums Of
moaey with the interest thereon.togetherw with
81, .r~f, hat
said defendants, and all persons claiming I'M
Der them may be forecloseo 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
NAV be taken also OF The sums due the de-
frndents respectively, under the said trnst,
and that the said premises may be sold; And
that out of the proceeds OF such sale, the
said Orator costs and charges aud all expen-
SEES, together with the sums due said Orator
may, in the first place be paid, and that the
surplus orresidue may be paid to said defen-
dants, according to the conditions of said
| trust:
And whereas it is suggested and shown TO
rhe Court. that James A. Potter, Arson Bell
| and Jerusha Bell his wife, and William G.
! 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 1S45, and make answer TO
said bill by publishing this order in the Nor
| thern Galaxy, newspaper printed at Milo
\ dlebury three weeks successfully, the last OF
which publications shall be at least twenty
said next term. S. SWIFT, Clerk. 80