The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-04-27
STATE OF VERMONT 4:
ADDISON COUNTY

son, HIRAM WARNER, ABB y n,
GAIL WARNER, HENRY SrEB- on"ncery'
BINS, MARY ANN STEBDINs,
and others.
WHEREAS, Paris Fletcher and Calvin
w Solace Of Bndport, 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 Casteton, and Jonas
Clark of NIddletown, all in the County of
Rutland, have filed in this Court their bill in
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 Deerield, in the State of Massao husetts,
and George w. Palmer and Ellen Palmer,
the wife of the said George W., and Jane
Jackson of Brandon, aforesaid, rs 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 fifth day Of April, A. d, 1886, togeth-
er with the orators, as suretes for one Calvin
G. Waller, did execute a certain writing OBJ
ligatory, signed and sealed by them, and each
Of them, i'll 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.
toned for the faithful performance by the
said G.. G. " 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 &. 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 &C.
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years, and until the same was revoked by the |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
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, 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 wit,
on the day Of October, A. d. 1871, Ore-
vious 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, Teturnable to the
County Court then next to be holden at
Woodstock, within and for the County of
on the last Tuesday of November
then next, demanding damages, twenty thou
sand dollars, which said writ having been
luly served and returned to said Court, your
orators appeared by their attornies in the
said suit and defended the same, and such pro-
.cedings were afterwards had in the said suit
hat at the term of the Supreme Court, holden
It Woodstock, in and for the County of Wind
or, on the first Tuesday in March, A. d.
847, the said Baxter, Steele and SWEET, re-
covered final judgment in their favor against
'our orators for the sum of thirteen thousand
light hundred and nineteen dollars and
Eighty cents damages, and for the sum of
wo hundred and seven dollars and thirty-fve
ents costs, and that your orators afterwards,
N the 9th day Of March, A. ID. 1947, paid
he amount of said judgment to the said Bax-
er, Steele and SWEET, and obtained full dis
barge of the same; and that they paid in .
he defence of said suit, charges, expenses, =
nd counsel fees to the amount Of five hun :
red and scvcnty-nine dollars, amounting =
With the said Judgment, to the sum of fourteen y
housand six hundred and six dollars and
wenty-one cents,--and that the said Calvin
) Waller is wholly insolvent, and resides k
1ith0ut this State; and that the time for pre- t
enting claims to the Commissioners appointed y
0 settle, adjust and allow claims against the |
state of the said j. jackson, deceased, had Il
lapscd long previous to the recovery Of the t
aid judgment against your orators MS afore-
aid, and that the estate Of the said j. Jack
On hath been settled by the administrator
hereof, and distribution thereof hath been
lade under the authority Of the Court Of
'robatc for the District Of Rutland to his
eirs, to wit. the said John jackson, Levi
ackson, Abigail Warner, wife of the said
Iiram, Mary Ann Stebbins, wife of the said
henry, Ellen Palmer wife of the said George '
", and the said Jane jackson and that
ach of the said heirs have received of the I
cal or personal property Of their said ances- t
Or more than the sum Of two thousand dollars o
)r his or her share of the said estate and r
nat the said heirs are liable in law and equity
} pay to your orators one eleventh part of
ne amount of sail Judgment, and expenses of n
the said suit, and praying for dis p
Iosure and discovery by the said heirs Of the
latters stated in said bill and that they may C
e decrced to pay to the orators one eleventh
art of the said Judgment and expenses, be- RI
70 the sum of one thousand three hundred
nd twenty-scven dollars and eighty,four =
nnts and the interest accrued thereon, and
n such other relief as shall seem meet. A +
lbpnna having been granted. 7
And whereas it is made to appear that
ohm Jackson, Levi jackson, Hiram Warner v,
nd Abigail his wife, Henry Stebbns and OF
larry Ann his wife, reside out of this State, W
!, that subpoena cannot be served upon til
t. IL orIoroI thot tbb1r tho / W