The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1846-05-19

Paris Fletcher, whereas 'oDa'
rs. Hemeu"ay anu
EdwardH II. Hemenway } ris Fletcher, both oil
BaIch Dean and BridPort, IN the 20
Sarah Hemenway. of Addison have this
lday filed in the Office of the Clerk Of the
court of Chancery for SAID county OF Add
son their bill of complaint against Edward
II. Hemeuway and Sarah Hemenway oil
Worcester, and Balch Dean of Shrewsbury,
al in the county of Worcester and State Of
Massachusetts, setting forth
| That on the 18th day Of May A. ID. 1914
Il Farmery Hemenwuy then OF Bridport In
Isaid county Of Addison made and executed
Ito Vashni Hemenway, late of Shrewsbury in
the county Of Worcester and State Of Mas
sschusetts six promissory notes all OF that
ldate, one of said notes for the sum Of 200
dollars PAYABLE the 18th day Of May A. ID.
Isis, one for 200 dollars payable the 14lh
lday of May 1916. One for 200 dollars paya-
Ible the 14th day of May 1917. One for 200
dollars payable the 18th day of May 16l6.-
One for$l76 payable the 18th day Of Maylel9
land one for the sum of 100 dollars payable
The 18th day Of May 1890. And that in or
der to secure The payment Of said notes the
said Farmery Bemenway on the same 18th
day of May 1914, by his deed Of that date
conveyed to the said VashDi Hemenway the
following described lands lying and being in
Bridport aforesaid, described as follows 10
wit: Lot No "a in the first division drawn TO
the right Of Nahum Willard and the first d.
vision lot drawn to the RICH. Of Ephraim
Dooittle except &c acres three quarters and
sixteen rods of land with a condition that said
deed should be void upon the payment of
said notes agreeably to their tenor.
And further stating that said Vashni Hem
inway deceased 10 January 1921, and that Ad-
ministratiOn on the estate Of said Vashpi W as
taken BY Balch Dean of Shrewsbury in said
county of Worcester and by Edward II.
Hemenway then of said Shrewsbury and now
of Worcester in said County of Worcester
that said administrators previous TO January
A. d. 1916, had received payments from the
said Farmery Heminway on said mort
gage debt, to the amount OF Sl3lI 40 cents
that at the term ofthe Supreme Court held
at Middlebury within and for the county oil
Addison on the third Monday Of January
A. d. 626, said administrators by collusiOr
with said Farmery, obtained decree o.
: foreclosure on said Mortgage against the
: said Farmery Hemnway, in which decree nc
deduction of the payments that said Admins
traitors had received from the said Farmery
that BY the terms of said decree the fore
: closure became absolute on the third Tues
day Of Janunry A. D. 1927.
That after the taking OF said decree the saiC
Farmery Heminway made several payment:
10 said Administrators on said mortgage deb
to the amount of 1872 SO cents; that said
Farmery Heminway remained in possession
Of said mortgage premises until the 2Oth
day of September 1880, hen the SAID Far
merry sold the whole Of the said morfgaged
premises TO the said Jonas Heminway, and
that said Jonas Heminway and those claim
|, ing title under him have continued in poss
ession of the same to the present time.
And further stating that the said Jonas
made further payments 10 said Admnistra-
tors. which with the amount that has been
previously paid to said Administrators OIL
5 said mortgage debt, exceeds the sum due on
said notes and the interest on The same.
That the title 10 great part of sand mort
gagged premises IS now 10 said Paris Fletcher.
That said administrators in December 1871
caused dover in said mortgaeed premises
to be set out TO Sarah Heminway Of said
Worcester, the widow of the said Vashni
Heminay, and that q suit in eiectment in ia
yor of the said Sarah Heminway against
the persons in possession of said mortgageG
premises IS pending in the Circnit Cour,
Of the United States for The Vermont Dis
trict, and PRAYING that said decree Of The
Supreme Court at this January Term A. ID.
1876 may be set aside and vacated, and that
said administrators be ordered TO discharge
said mortgage and give up said notes TO be
canseed and pay TO said Jonas the
amount that has been overpaid on said
mortgage, or that an account be taken of the
payments that have heen made on said
mortgage debt, and if balance should he
found TO be due on said mortgage, that salt.
Administrators be ordered to receive saId
balance from said orators and discharge, said
mortgage. and that said Balch DEAF
and Edward ii. Hemenway and Sarah
Heminway may be enJoined and restrained
by older of this Court from further prosecu
ting said action of ejectment in said Circuit
Court of the United States until the further
order of this Court. And that the said ora
tors have such further relief in the premises
as justice may require.
And whereas the defendants reside out Of
this State. SO that subpoena cannot be
served on them, u is therefore ordered thai
Inc said defendants be required 10 appear he
fore the said Court Of Chancery, next 10 be-
held at MiddIebury in and Tor the County
Of Addison on the second Tuesday Of June
1896 on The first day of the session Of said
Court. to answer to the said bill of complaint.
and that notice thereof be gwen them BY
publishing this order in the Northern Gal
axy, newspaper printed at said Middle
bury-three weeks successfully. the last Of
which publications shall be at least twenty
days previous to The commencement Of the
said term Of said Court OF Chancery.
Dated at Middlebury aforesaid, this frs;
day Of May, 1916.
SAMUEL SWIFT, Clerk.