The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-04-20
STATE OF VERMONT ::
ADDISON COUNTY

JOHN JACKSON, LEVI JACK n
SON, HIRAM WARNER, ABB Cbancerv
= GAIL WARNER, HENRY STEB-
BINS, MARY ANN SrEBBINs,
and others.
WHEREAS, Paris Fletcher and Calvin
w Soace of Bridport, and Samuel Swift,
Austin johnson and Peter Starr of Middle
bury, all in the County of Addison, and Bar
nard Ketcham of Sudbury, Ebenezer N.
Briggs and Daniel Harrington of Brandon,
Arunah w. Hyde of Csstleton, and Jonas
Clark of Middletown all in the County Of
Rutland, have filed in this Court their bill in
Chancerv, 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 Deerfcld in the State of Massachusetts,
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-ffth day of April, A. d. 1886, togcth-
er with the orators, as surctles tor one CALVIN
| G.. Waller, did execute a 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 County Of Windsor, condi'
ito ied for the faithful performance by the
said c.. G. " aller 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 Z. 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 ac-
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
| wears, and until the same was revoked by the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 rs agent for the sale
of lands as aforesaid, a 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 w.t.
on the day of October, A. ID. 1871, Gre
yous 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,
bv 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 atornies in the
said suit and defended the same, and such pro-
ceedinIs were afterwards had in the said snit
that at the term of the Supreme Court, holden
at Woodstock, in and for the County OF Wind
sor, on the first Tuesday in March, A. -.
l847, the said Baxter, Steele and SWEET, re-
covered final Judgment in their favor against
YOUR orators for the sum of thirteen thousand
eiuht hundred and nineteen dollars and
crhty-six cents damages, and for the sum Of
two hundred and seven dollars and thirty-fve
cents costs, and that your orators afterwards,
on the 9th day Of March, A. ID. 1S47, paid
the amount Of said judgment to the said Bax-
ter, Steele and SWEET and obtained 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
twrntv-one cents,--and that the said Calvin
C. Waller is wholly insolvent, and resides
without this State and that the time for pre-
sentinr 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 your orators as atOre-
said, and that the estate of the said j. Jack
son hath been settled by the 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 Stebbins, 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 are liable in law and equity
) to pay to your orators one eleventh part oil
the amount of sail judgment, and expenses Of
defending the said suit, and PRAYING for dis
, closure and discovery by the said heirs Of the
matters stated in said bill and that they may
be decrced to pay to the orators one eleventh
part of the said judgment and expenses, be-
ing the sum of one thousand three hundred
= and twenty seven dollars and cighty.fOui
cents and the interest accrued thereon, and
for such other relief as shall seem meet. A
subpoena having been granted.
, And whereas it is made to appear thai
; John Jackson, Levi jackson, Hiram Warner
+ and Abigail his wife, Henry Stebbins ant
Mary Ann his Wife reside out Of this Stnic