The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-09-30

L. ,
William G: Warner 1 ;J,,ns
PhiIo S. Warner, IeTnl'
John l.. AMMAN, lo4o.
Whereas, at the term OF the Court oil
Chancery, held at Middlebury in and Tor ,lie
County of Addison on the second iuesoay
Of June 1S45 Frederick A. Bird ana eeorSe
C. Dayfoot both of Bristol IN SAID Oounty py !
Fl. Needham. their solicitor: presented Inelr
petition against Joshua T. Symohus, "h,iii"
| E Warner and Philo S. Warner and Jcha !
: AMMAN administrators of the estate OF Da- |
v;J T.. Amman, all Of said Bristol, setting forth,
That the said Joshua p. Symonds, on the 29th
day of March lS4l, being justly indebted TO
the said David l.. Amman deceased in the
sum of 200 dollars, specified in five premls-
ory notes all dated 29th March 1911, one Tor
30 dollars payable in one year from the date
thereof. one for so dollars payable IN two
wears, one for 80 dollars payable in three
years and the other for 50 dollars payable IN
| four wears from date, all on interest and pay
able 10 the same David l.. Amman or order,
lin order to SECURE the payment oil SAID sum,
lconyeyed to the said David l.. Amman the
following described land in Bristol aforesaid,
riZ. all that piece or parcel OF land, that Natn-
an Hastings decided 10 Abner lngraham, and
lis the same that WIS decided TO Paul p. Holly
bv Rufns Graves and to said Graves by John
Id. Holly, and TO John d. Holly by h5ner
InDraham. and is the same house and prem
ises on which Robert Dunshee lived III eS4l.
and is the same house and lot, that SAID Da-
yid L.Acnan decided TO saidSymonds by deed
dated March 29lh 1S41, and is bounded
north by Joseph c. Bradley's village LOT, and
by lands owned by the heirs oiihe late Doct
= Joseph Needham south by Henry Nraden-
burgh's house lot and west by the highway,
t and is the same house and lot now occupied
by the said Symonds and his family; with
condition thereto annexed, that ii said Sym
onds should pay said promisory notes by me
several times therein specified, the said deed
of conveyance should be void that The note
first payable was paid TO the said David L..
AMMAN in his life time, and that the other
G three notes have not been paid; further sta
ting that the said David l.. AMMAN, about the
first day of Juue IS41, for the consideration oil
two hundred dollars, assigned 10 Eli Ed
wards and Loyal Downing both oil said briS,
rol. all his rights 10 the said three notes, and
that, on the first day of May 1915, the said
Edwards and Downing assigned all the right
TO said three notes TO the orators, and That
lie said crates are now the bona Tlde owners
and holders Of the 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 mortgaged 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 notes TO the oratos. it was the intention
of the said parties that the said mortgaged
premises should be holden TO the said crates
rs security to them for the payment ofsaid
notes: AID further stating that the oratos on
the 30ih day Of January 1S45, signed with
and as security for the said Symonds note
Of hand for 100 dollars, payable to the Presi-
Dent, Directors and company Of the Bank oil
Vergennes; and as security 10 the orators
az inst any damage or loss in consequence
ofsiganing said note as security TO said Sym
onds on the same day, executed 10 them
mortgage deed of the same premises; that
the said notes hove never been paid 10 the
orators; and that the said Simonds has new
paid said note 10 the President, Directors
and company Of the Vergennes Bank; but
the orators have been compelled to pay the
same, with interest and cost; that the said
Symonds, on the 29lh day Of March 1S45
mortgaged the said premises 10 the said
: William -. Warner 10 secure the payment
ola note of that date, executed by the said
Symonds, for 1877 dollars and 81 cents, paya-
BILE TO the said William c. Warner in two
years from dale with interest annually: that
The said David L. Amman deceased about the
LIST day ofNovember 1912, and the said Philo
S. Warner and 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 Phllo
S.Warner and John L.Annan administrators
as aforesaid may be decreed 10 pay 10 the
orators the said sum of 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 forec'osed
OF all equity of redemption in said premises:
and whereas the said Joshua p. Symonds
resides out of this Stale, SO that subpoena
cannot be served on him {: II is therefore or
dcrcd that said Court of Chanccry, that the
said Symonds be required 10 appear on the
first day OF the next stated term of this Court
to be he'd on the second Tuesday of Deem
t her 1915, and that the complanants cause
said order containing the substance of their
bill TO be published in the Northern Galaxy
public newspaperprinted in said Middlbury
three weeks successfully, the last OF which
shall be at least twenty days previous 10 the
i commencement Of said term.