The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-04-13
STATE OF VERMONT /:
ADDISON County

s SON, HIRAM WARNER, ABB Gu, III
$ GAIL WARNER, HENRY STEB- 0"""'oi'
IS BINS, MARY ANN SrEBBINs,
c and Others
WHEREAS, Paris Fletcher and Calvi
So w Solace of Bridport, and Samuel Swift
G Austin johnson and Peter Starr Of Middle
bury, all in the County Of Addison, and Bar
nard Ketcham of Sudbury, Ebenczer n
T Briggs and Daniel harrington of Brandon
Arunah w. Hyde of Castleton, and iona
} Clark of Middletown, all in the County 0
Rutland, have filed in this Court their bill ir
Chancery, against John jackson of Albany
in the State of New York, Levi jackson
Hiram Warner and Abigail Warner, the wife
of said Hiram, all of Milwaukee, in the Ter
ritory of Wisconsin, Henry Stebbins and
Mary Ann Stebbins, wife of the said Henry,
OF Deerfeld, in the State of MasSat husctts,
and George w. Palmer and Ellen Palmer,
the wife of the said George W., and Jane
Jackson of Brandon, aforesaid, as heirs Of the
late John jackson Of Brandon, deceased
stating in substance, that the said John Jack
son, deceased, in his life time. to wit, on the
twenty-fith day of April, A. d. 1886, togeth-
err with the orators, rs suretics for one Calvin
G.. Waller did execute Il certain writing OBJ
| ligatory, signed and sealed by them, and each
Of them, in the penal sum Of fifteen thousand
| dollars, in favor of Chester Baxter and Will
lam Steele of Sharon, and William SWEET Of
Norwich, in the Cou ty of Windsor, condi.
toned tor the faithful performance by the
said c. c. v alcr of the trust of agent and
attorney for the purchase and sale Of lands in
the Territories of Michigan and Wisconsin,
and in the States of Ohio, Indiana and Hi
nois, to which the said Waller had then and
there been appointed by certain company,
or association, consisting of the said C. Bax-
ter w. Steele, W. SWEET, and divers other
persons, of which association the said Baxter,
Steele, and SWEET. were chosen trustees,
in whose names the purchase and sale Of
lands as aforesaid were TO be made by the
said Waller, and the said Waller having az
cepted the said agency, and received funds Of
the said association from time to time for the
purposes aforesaid, did remove to the west,
and in the discharge of his said agency did
purchase and sell lands in the States and
Territories aforesaid, and continued in the
exercise of said agency for the term Of four
years, and until the same was revoked by the
said Baxter, Steele and SWEET, trustees as
aforesaid, and during the continuance Of his
said agency the said Waller appropriated to
his own use Of the funds furnished him for
the purchase of lands as aforesaid, and Of the
monies received by him as agent for the sale
Of lands as aforesaid, Il large sum, to wit, the
sum of ten thousand dollars, and otherwise
failed to discharge said agency with fidelity
and good faith; and that afterwards, to wit,
on the day of October, A. d. 1S4l, Ore
yious to which time the said John jackson
had deceased), the said Baxter, Steele and
SWEET, commenced their ACTION Of debt on the
said writing obligatory, against your orators,
by writ OF attachment, returnable to the
County Court then next to be holden at
Woodstock, within and for the County OF |
Windsor, on the last Tuesday Of November |
then next, demanding damages, twenty thou |
sand dollars, which said writ having been
duly served and returned to said Court, your
orators appeared by their attornics in the !
said suit and defended the same, and such pro- |
cGedinIs were afterwards had in the said suit |
that at the term Of the Supreme Court, holden |
ut Woodstock, in and for the County OF Wind |
scr, on the first Tuesday in March, A. y. |
l847 the said Baxter, Steele and SWEET, re-
covered Il final Judgment in their favor against
your orators for the sum of thirteen thousand |
eight hundred and nineteen dollars and |
eighty-six cents damages, and for the sum Of |
two hundred and seven dollars and thirty-fvc !
cents costs, and that your orators afterwards, /
on TIE 9Th day of March, A. d. 1S47, paid |
the amount OF SAID Judgment 10 the said BaX-
ter, Steele and SWEET, and obtained Il full dis
charge of the same and that they paid in
the defence Of SAID suit, charges, expenses,
and counsel fees, to the amount Of five hun
dred and seventy-nine dollars amounting,
with the said Judgment, to the sum Of fourteen
thousand six hundred and six dollars and
twrnty-one cents,-and that the said Calvin
G. Waller is wholly insolycnt, and resides
without this State and that the time for pre-
sentng claims to the Commissioners appointed
to settle, adjust and allow claims against the
estate of the said j. jackson, deceased, had
elapsed long previous to the recovery of the
said judgment against yonr orators as aforc
said, and that the estate of the said j. Jack
son hath been settled by tire administrator
thereof, and distribution thereof hath been
made under the authority Of the Court Of
Probate for the District Of Rutland, to his
heirs, to wit, the said John jackson, Levi
Jackson, Abigail Warner, wife of the said
Hiram, Mary Ann Stcbbns, wife Of the said
Henry, Ellen Palmer, wife of the said George
W., and the said Jane Jackson and that
each OF the said heirs have received of the
real or personal property of their said anccs-
tor more than the sum Of two thousand dollars
for his or her share of the said estate; and
that the said heirs arc liable in law and equity
to pay to your orators one eleventh part of
the amount Of sal judg .nent, and expenses Of
the said suit, and praying for a dis.
closure and discovery by the said heirs Of the
matters stated in said bill and that they may
be decreed to pay to the orators one eleventh
part of the said Judgment and expenses, he.
me- the sum of one thousand three hundred
and twenty-seven dollars and eighty four
cents, and the interest accrued thereon, and
Tor such other relief as shall seem meet A
subpoena having been granted.
And whereas it is made to appear that
John jackson, Levi Jackson, Hiram Warner