The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-09-23


Joshua P Simonds, Of ChauceTy,
William c. Warner, June
Philo S. Warner, Term,
John l.. Amman, lS4o-
Whereas, at the term OF the Court oil
Chancery, held at Middlebrry in and lor ,.le
County of Addison on the second idesddy
of June 1915, Frederick A. Bird and Georse
C. Dav(oot both of Bristol in said County by
n Needham. their solicitor, presented their
ret;tion AGAINST Joshua p. Symonds, Wliillm
IE Warner and Philo S. Warner and Jcha
Is. Amman administrators Of the estate CT Da-
vid l. Amman, all of said Bristol, setting forth,
that the said Joshua p. Symonds, on the 29Ih
.lay of March 1911, being justly indebted 10
the said David L. Amman deceased in the
sum of 200 dollars, specified in five premls-
DRY notes all dated 29th March 1911, one Tor
80 dollars payable in one year from The date
thereof, one for 80 dollars payable IN two
years, one for 80 dollars payable in three
years, and the other for 80 dollars payable in
four years from date, all on interest and pay
able 10 the same David L. Amman or order,
in order to secure the payment oil said sum,
lconveyed 10 the said David l.. Amman the
following described land in Bristol aforesaid,
viz all that piece or parcel oil land Thai Main
an Hastings decided TO Abner lngraham, and
is the same that was decided TO Paul L. Holly
bv Rufus Graves and TO said Graves by John
| ID. Holly, and to John d. Holly by Abner
Ingrahanl, and is the same house and prem
ises, on which Robert Dunshee lived IN eS4l,
and is the same house and lot, that sad Da-
vid Acnan decided 10 saidSymonds by deed
dated March 29lh 1911, and Is bounded
north by Joseph c. Bradley's village lot, and
4 k,-f l,a hafr ot
Joseph Needham south by Henry Nraden-
burGh's house lot and west by the highway:
and is the same house and lot now occupied
bv the said Symonds and his family; with a
condition thereto annexed, that il said Sym
Onds should pay said promisory notes BY the
several times therein specified, the said deed
Of conveyance should be void; that The note
first payable was paid 10 the said David l..
AMMAN in his life time, and that The other
three notes have not been paid; further sta
ting that the said David l.. AnLan, about the
first day oiJuue IS41, for the consideration of
two hundred dollars, assigned 10 Eli Ed
wards and Loyal Downing both oil said Bris-
lol, all his rights to the said three notes, and
that, on the first day Of May lS45, The SAID
Edwards and Downing assigned all the right
TO said three notes TO the orators, and that
the said CRATES are now the bona file owners
and holders ofthe same; that when the SAID
David l.. AMMAN assigned said three notes to
the said Edwards and Downing it was the
intention and consideration Of the parties,
that the said morlgaged premises should be
holden TO the said Edwards and Downing as
security for The said notes; and that, when
the said Edwards and Downing assigned
said noles 10 the oratos. it was the intention
Of the said parties that the said mortgaged
premises should be holden TO the said crates
as security 10 them for the payment olsaid
NOES AID further stating, HAT the Orai1s on
the 30lh day Of January 1915, signed with
and as security Tor the said Symonds, mole
of hand for JOG dollars, payable 10 the Presi-
dent, Directors and company Of The Bank OF
Vergennes; and as security 10 the orators
against any damage or loss in consequence
of signing said notc as security 10 said Sym
onds, on the same day, executed to them a
mortgage deed OF the same premises; that
the said notes hove never been paid 10 the
orators; and thai the said Smonds has new
paid said note 10 The President, Directors
and company of the Vergennes Bank; but
the orators have been compelled 10 pay the
same. with interest and cost; that the said
Symonds. on the 29ih day Of March 1915
morigaged the said premises 10 the said
William :. Warner 70 secure the payment
ola note Of that date, executed by the said
Symonds, for 1917 dollars and 81 cents, paya-
BILE 10 the said William C. Warner in Two
years from dale with interest annually: that
The said David L. AMMAN deceased about the
lst day of November 1912, and the said Philo
S. Waperand John L. Annon are appoint ed
administrators of his estate:
And praying that the said Joshua P. 81
monds, VIM. c. Warner. and the said Phio
S.Warner and John L.Annan administrators
rs aforesaid may be decreed TO pay TO the
orators The said sum money and all interest
on The same by short day 10 be appointed
10 SAID Court together with the orators costs,
and in default thereof, that they, and all per-
sons claiming under them may be foroc.csed
OF all equity ofredcmpiiUn in said premises:
and whereas The said Joshua P. Symonds
resides out of this Stale, so that Subpoena
cannot be served on him: i is therefore or
dcred that said Court Of Chancery, that the
said Symonds be required TO appear on the
first day of the next stated term Of this Court
TO be he'd on the second Tuesday of Decem-
Der 1915, and that the compainants cause
said order containing the substance of their
bill 10 be published in the Northern Galaxy
public newspaperprntedi in said Mddlbury
three weeks successfully, the last of which
shall be at least twenty days previous 10 the
commencement Of said term.
SAML. SWIFT, Clerk.