The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1850-03-30
STATE OF VERMONT,
nFIgHua Epuuft

trl w l4Hilr.
WHEREAS, Avian Footc, Of Burlington,
w "a the County Of Cbittrndcn and State
Of Vermont, has filed 80 the Olhcc Of the Clerk
Of the Court Of Chanocry Tor the County Of
Orleans aforesaid, his bill Of complaint setting
forth therein among other things that Eldridr~
Ill..4ga-44lG- - ALl2agLl.-a -s1L1 -GnnnlA 81
Orlrlns, (npw gone 10 parts UNKNOWN on tnr
Goth day Of June, 4 u 1870 was justly in.
dcbtrd TO the said Alyan Fooic and one Liithcr
LOOMS then of burlington hfrcfnld (ainoe
dcceaHcd) IN the sum of S250,OO spcciird "a
four promissory notes all bearing date on the
flid 10th day of June, a ID 1879, and all
payable 60 said Avian Fooic npd Luther Loom,
is or otdcf--uud e0ch Tor the sum Of SG2, 30
One of sad notes payable on the hfFt day Of
Janunty, a d, l-4l-onc payable on the fret
dny OF January, l-i2--onc payable on The fret
day qC Jauuati tlrt4 and mr. payable t,n ,l'e
first day Of January, stand all on interest
from date And IN order to secure the pay.
mcnt cot SAID notes, the said Eidfdgc Brown
on the said Goth day of JUNG, \, D., 1850, COZ.
ySycd TO the said Footc u Loumis, by mon gafr
decd th" following dracribcd land in Newport
IN the County Of Orleans aforesaid, viz-thr
tract or parcel ot land lying md being in that
part of slid Newport which was ny charter
called Duncansborough, and described as fol-
lows, Co wit; Lot No. la3 IN the second di.
VISION Of the origiualfigh Of james Johnson,
containing one bundled aud nineteen acres
OF land--bc the same more orlcs. To hay"
and tu hold said premises with oil the Urryl.'
rgcs aird apPuttuarcrs thorcunto belonging
" the sad AlVan Fuotc aud Luther LouIuis.
Ihyif hriss and assigns forevcr-with o cnnd..
ton thereto annexed, Tint n The snld Eidtld.c
DT0wU, TTaTcif5, Executors " ADMINISTRATOR
should wei! aud truly pay tie sad notes ac-
cprding a. the tenor Of thcr1mr, then said con.
voyauco To- be- null apd void, otherwise to he
an'i Trmuin IN Tut TufCg ppd yiTtucto convey
the premises aforesaid
And nnlhcr setting forth that The said II.
bridge Blown, on The 9Th day of February,
A d, lsif. by his decd Of 2uit CLAIM &C thut
date conveyed sa,d premises unto one Nathanl
icl w Lathe, then of said Ncwpnfl. now gore
TO parts unknnwu.
And further representing that ,lIS said Iu.
Their Loomip dcccnFcd on the 27th diy Of juno,
4 ID l-ii, aud by hr last VIII and Tesla
mcnt duly proved ana allowed as such by the
Probate Court within aud for the District OF
Chittcudcn, and State Of Vermont, and re.
corded in the Office Of tie Register Of said
Court, did give and bcqucath unto one Charles
t. Peck, q minor, his the said LOOMS interest
IN said four pr0missory notes signed by ihc
said Eldridgc Brown, aud his the said Looms
interest IN the mortg1Ecd rrcmisrg trt7rc dc.
scribCd,
And further stating that John II Peeis, of
Burlington aforesaid, was duly appointed
Guardian Of the said Charles l. Peck by the
Probate Court iu and for said District of Chit.
\. ID lsI5, the said John II. Peek, by his
decd of that datr conveyed tho iEinrcsto tho
said Charles l.. Peck in the aforesaid men.
toned premises TO the complainant
Aud also further stating that said sums or
money specified IN said pron,isslry notes men
toned IN the condition of the Orators mort.
gage deed have never been paid, but the samc,
together with great atfeaf ef interest theta.
on now remains due to the Orator, and the cs.
tate emd interest ON said mortgaged premises
has become absolute in the Orator.
And praying among other things that the
said Brown and Lathe be required on oath 10
answer The matters aud things set forth IN
said bill Of complaint, and that they may be
deerced TO pay TO tie Orator by some Vhurt
day to be- fixed by the Chancellor the sums Of
money and all interest thereon due the Orator
aforesaid, and tho Orators cost, and IN default
thereof titat-the- said Brown aud Lathe aud
all pcrsons thinning under them may he faro
closed Of and from NIL equity Of redemption or
ciatti, IN aud tn tho said mort Jagged ftittt--'
and every part thercoI--ihai a suhpUna issue
IN due form and that the Orutor be further re-
lievcd according To equity " good conscience.
And whereas the said Eldridge Brown and
Nathaniel w Lathe reside without this State
so that subpunas cannot be served up IA them
Therefore in pursuance nj the provisions of
the Revised Statutes, chap. 81, sec 90, notice
is hereby given 90 the said EldriGge Brown
and Nathaniel w Lathe, and they are hereby
required TO appear before the thGnceIl"r OF
the SiNth JUDICIAL Circuit Of the State o.
Vermont at the Court House VA lrAshutgh IN
said County of Orleans on the 9Th Tucsduyin
june next being The fret day Of the noNt stat
ed tern of the Court OF Chanccy in sad
GQnTry and make answer 10 the bHl of com
plant AFORESAID, and abide such order, dircc
lion aud decree therein ns To Haid ChancellgE
sraff Frrm meet. Mud -ttrr crmp!uruaut,tJs
such bin Is directed TO cause this order 10 b.
published three wceke snccoss,vety IN the Col.
ctloniah; u newspaper printed in 81 Juhnsbu.
rs, ~ tic County of Caledonia. the lat Of
which puidrrat rrnto bgAat least twenty daya
before the Att Tuesday of Ju'c next,