Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1846-08-27


Amos HARI, deceased.
TIME complainant appears by John Kimbal II.
IL Solicitor and eniels his bill Of compsnl.2,.i
moves the court for leave amend his said rim T.
ulding thereto, the name Of Barnard Lynde. Fx.rs
tor of Amos Hart, deceased, and in other tesosa,
which is granted him BY the Chancellor r'
The said Luther Franklin, of Shelburne. IN III.
County Of Franklin, and Commonwealth Of MaxaeLs
sets states and sets forth in said amended bill in IN
stance: That Comfort Franklin, Of Gullord. in IA
windham County, and Lewis Franklin, Of Convsy
in said Franklin County, on the Goth day 81 Oeobet
1885, being indebted &c the Orator in the anloust Al
six promissufy notes, oil payable to him on dens,i
with nteresi--one Gated Dec. 7lh, ls42 foi 90 DOL.
lars another dated June 6th ls4S for 81 d Han. m
niher dated Feb. It'll, 1874, lor rs dollars, another
dated Dec. LIST, 1874, for rs dollars another daei
Apf i4lh, Is45, for Sc dollars and the other dr.i
October goth. ls45, for S5 dollafs and also in Ii,
amount Of a certsiE noie executed BY said Comfort
Lewis 10 one Jabez Franklin, OF order and by sid
Iabez endorsed to The Orator, dated Feb 9TH, isis
FIR 100 dollars. payable on demand with interest nd
the said Comfort being indebted to the Orator in The
amount Of certain other promissory note dated Nov
18Th, Is4l, and executed by said Comfort, to one o
Franklin, for as7 dollnrs payable TO said Horace
or order, on demand with interest, and by the said
Horace Endorsed 10 said Luther, and said Lewis being
indebted TO one Anna Franklin, in a certain PROMISE.
~ note, dated May l2th, 1914, for ss0l2 PAYABLE
TO said Anna, or ORDER on demand with interest, and
by SAID Anna inlorsed TO the Orator: And The said
Lewis being indebted 10 one Luzina II. Franklin 10
pronlissory note dated Nov i4lh, 1871, and psyabs
10 SAID Lnzina, or ORDER for SHE on demand with
interest, and by the said Luzina then Endorsed YOU
Orator:
And in order to secure the payment Of said sums q
money specified in said promissory notes according
HE tenor thereof, they, the said Comfort and LEWIS,
the Goth day Of October, is45 for and 10 consider
ntion Of the Of 90 conveyed TO the said La.
ther franklin, bv deed Of Mortgage the following De.
erffeI hasur h. Id
the original City lots Nos. Is and 10 and bornd
cd on the North by land of Charles and Simeon Pack
asd and Lenucl Lynde Jun, on The East BY land Of
Joseph King, on the South by land of Benaiah e..
wards, and on the West BY land Of Joseph King, sui
contains 100 acres be she same more or less and Is
the land which Comfort franklin aforesaid, and Hof
ace Franklin heretofore purchased of Royal Good
enough; also tract Of land IN said Guford being
Ten acIes the Northeast corner oil lot numbered 81
and is inriy rods square, and bounded on the Soulh
East and " est by land of Benaiah Edwards, and o.
The North by land Of Joseph and Chauneey King
And that on or about The 18th day of February 1886
The said Lewis Franklin by his deed Of quit claim Of
that date, conveyed one niOety or undivided half Of
said premises, 10 one Amos Hart late OF said Guiod.
deceased, testaie And said Barnard Lynde has been
duly appointed Executor Of the last will and testament
oil said Amos Hart, deceased: And that ssd sums Of
money specified in said pfomissory notes. have become
due and are unpaid; and PRAYING among other things
that said defendants, o. them, NAV be decIeed
70 pay " salu LuineF rankin Inc said sums Oh mon
ey specified in said notes, and the interest thereon by
some short day, and in default thereof that the said
defendants and all persons claiming under them the
said Hart, deceased, may be ioreclose of all equity Of
relenpiion Of the premises.
And whereas, il appears TO the court here, that
Lewis Erankn, one Of The defendants resides out Of
this State and has mol been notified of the pendency
Of the Orators said bill OF complaint; therefore, it Is
ordered by the court, that he be notified thereof by
publishing the substance of said bill, 10 The Vermont
Ph9nix, newspaper printed at Bralileboro, in said
Wndham County, three weeks SUCCESSFULLY the Lost
publication 10 be al least twenty days before the next
session of this court, be held the Court House in
Newlane, in said Windham County, on the fourth
Tuesday Of September next, which shall be deemed
sufficient fotice 70 the said Lewis TO appear and make
answer To said bin.
Il is ordered by the court that this cause be conr
ued until the next Term.
MARSHALL MILLER, Clerk
JOHN KIMBALL, Solicitor. 81