The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1846-05-05
ouas Heneuvay g. J IN CHANCERY

Jonas Homenway & IN CHANCERY.
Paris Fletcher, Whereas Jonas
rs. IIemenway and Pal
EdwardH. Hemenway } ris Fletcher, both of
Balch Dean and BrdporI. in the Co.
Sarah Hemenway. Of Addison have this
day filed in the Office Of the Clerk Of the
court of Chancery for sand county Of ADD
son their bill of complaint against Edward
IL. Hemenway and Sarah Hemeuway OF.
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. d. 1914,
Farmery Hcmeuwuy then OF Bridpor, in
said county oil Addison made and executed
TO VaShni Hemenway, late of Shrewsbury IN
tho county Of Worcester and State of Mas
sachhsetis six promisSory notes all Of that
date, one Of said notes for the sum of 900
dollars payahls the 18th day oi May A. d.
1915. one for goo dollars payable the IiIh
day Of May 1916. Ons for 200 dollars payq-
bic the 14th day OF Nav 1917. One for 200
dollars payable tine 18th dag of May ISIS
One forSl76 payable the l4lh day OF May 1919
and one for the sum Of HOO dollars payable
the llth day Of May lS20. Anh thar in or
der to secnre the payment Of SAID notes the
said Farnery Hsmenway Oh the same 18th
day Of May 1914, by his deed of that date
conveyed to the said Vashni EIcmeuway the
following described lands lying and being inr
Bri1purt aforesaid, described "a follows to
wit: Lot No 81 in the FIRST division drawn TO
the right Of Nahum Willard aud the first d.
vision loi drawn 20 the rich. OF Erhram
Doo.iiiic except 20 acres three quarters and
sixteen rods Of land with condition that ssid
deeS should be void upon tie payment of
said notes asreeably to their tenor.
And further stating that said Vashni Hem
nway deceased in January 1921, and that Ad-
ministraiiOn on the estate of said ashpl was
t.kcn by Balch Dean of Shire wsbgry in said
county of Worcester and by Edward H..
IEenenway then Of said hrt wshury and now
Of Worcester in said County of Worcester:
that said administrators previous TO January
A. ID. 1916. had received payments from the
sal Farmery Heminway on said mort
gage debt, to the amount Of Sl3l7 - cents
that al the term oftlc Supreme Court held
at Middle5ury within and for The county of
Addison on the third Monday Of January
A. d. 1896 said administrators by collision
with said Farmery, Outlined decree OF
foreclosure on s1id Mortgage against the
said Farmefy Heminwly. in which decree nc
deduction of the payments that said Adnliuis
traitors had received from 'the slid Farmery
that By the terms Of said decree the fore
closure became absolute on the third Tues
day Of Janunry A. ID. 1927.
That after the taking Of said decree the said
Farmery IIeminway made several payments
TO said Administrators on said mortgage debt
to the amount Of 1872 So cents; thar said ]
Farmery HemiDway remained III pos cssion
of said mortgage premises unril The 2Ciii
day of September 1890, when the SAID Far
merv sold the whole of the said mOrtgaeed
premises to the said Jonas Hrminway, and
that said Jonas Tlcminway and IhuSe 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 Adminis'rn
tors. which with the amount that has beelu
previously paid to said Administrators on,
said mortgage debt, exceeds the sum due on
said notes and the interest on the same.
That the title TO great part Of SAID mort /,
gagged premises Is now in said Paris Fle.cher. |
That said administrators in December 1874
caused dover in said morigased premises
to be set out 10 Sarah Heminway of said
Worcester. the widow Of the said Vashni
Heminsy, and that a suit in electment 10 IA
vor of the said Sarah HenIinway against
the persons in possession of said mortsaeec
premises IS pending in the Circuit Court
Of the United States for the Vermont Dis
trict, aud p.ayiug that said decree of The
Supreme Court AT this January Term A. d.
l526 may be sci aside and vacated, and thaiI
said administrators be ordered TO dischargsII
said mortgage and give up said notes TO b'l!
csnselIed and pay TO said Jonas thea
amount that has been overpaid on said
mortgage, or that an account he taken of ihfll
payments that have been made on said;
mor,yxSe debt. sud if BALANCE shosld be-