The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-11-19
ZENAS CARY,
IN
CIIANCERY.

ELISHA S, sAnGANr & cnASccERY.
HARRISON ESARGENT {
Whereas, Zcnas Cary, of Hancock, in the
County Of Addison, has filed in the Office of the
Clerk of the Court of Chancery in the County
of Addison, his Bill of complaint against Eli
sha S. Sargent formerly Of said Hancock, now
gone to parts unknown to the orator, and Har-
rson Il. Sargent of said Hancock, stating that
on the 9Th day Of November A. ID. ls45, the
said Elisha s. Sargent being justly indebted to
the orator in the sum of one hundred and fifty
dollars, specified in five prJmissory notes, all
dated the said 18th day Of November A. ID.
S45 to wit. one of fifty dollars payable one
year from the date thereof, tlc other four notes
each fir twenty five dollars, payable one on the
18th day of November A. d. lS47, and one on
the 18th day of November in each year ihereaf-
ter, until all said notes should be paid, with an
nual interest, in order TO secure the payment of
the sums of money specified in id notes ao
cording to the tenor thereof the said Elisha 5.
Sargent on the 18th day of November lS45, for
and in consideration Of one hundred and fifty
Illar. by his deed Of bargain and sale, signed
sealed and acknowledged by him, and recorded
in due form OF law, dated the said 18th day of
November s45, did convey and confirm unto
the orator that part of Lot No 49, in said Han
cock first division Of the right Of Ephraim
Whitcomb that lies west Of the road, to have
and to hold the said granted premises TO the sd
ZcnaS Cary, his heirs aud assigns forever. with
n coalition 10 SAID deed annexed. that if the
said Elisha 5. Sargent, his heirs, executors or
administrators should well and truly pay or
cause To he paid TO the said Zenas Cary his eX-
ccutors, administrators or assigns, the said sum
OF money in said notes specified according TO
the tenor thereof, then .he said deed and con.
veyancc should be void, otherwise in force as by
said deed in the custody Of the orator ready in
Court to be shown may appear and that after
wards on the 3lst day OF August the said Eli
sha s. Sargent made a pretended conveyance
of the same premises TO Harrison l. Sargent of
said Hancock, and the said Harrison Els claim
ing title to said premises by virtue OF said pre-
tended conveyance, and that afterwards the or
ator by his deed Of assignment, dated the 2lst
day Of February 1850, released and conveyed
TO George Cary, Jr. of Hancock aforesaid, all
his tide and interest in said mortgage1 plemi-
ses and that afterwards the said George Cary,
Jr by his deed duly executed, dated the first day
OF july $50, released and re-convcyed TO the
orator all his title and interest in said premises,
and that the said sums of money specified in
said notes, or any part thereof, have never heen
paid agreeable 10 the tenor of said notes, but
are now dae and owing to the orator with IL
great arrear Of interest, and the estate and in
tercst in the premises has become absolute in
the orator; and praying that the said Elisha S.
Sargent and Harrison L. Sargent may he de-
creed to pay End satisfy to the orator the said
sums of money and all interest due and 60 grow
due thereon. by a short day to he appointed iy
said Count, together with the orators costs. or
that they, the said Elisha S. Sargent and lii
ram Il. Sargent. and all persons claiming I'M.
der them be forcclo,ed OF and from all equity of
redemption and claim in and to the said mort.
gagged premises and every part thereof, and
praying for a writ Of Subphona. &C. aud it he.
ing suggested that the SAID Elisha :. Sargent
resides out of this State 50 that Suhphpna
cannot lie served upon him; II i. hereby or'lcr.
ell that the said Elisha S. Sargent he requiredl
10 appear before said CnUn OF Chanccry next
to he holden at Middlebury, in aud for the
County of addison, on the secnnd Tuesday Of
December next On the first day Of the session
Of said Court, then and there before said Courr
to answer TO said Bill, and thai said orator
cause this order and the substance II his said
Bill to he published three weeks surcessivcly in
the Middlebury Reij,ter-a public Newspaper
rrinted AT said Middlebury-ihe last Of VII Oh
oubieations shall be NJ least twenty days pre-
vieus to sd next term Of Sd Conn Of Cbnncery.
Dated at Middlelsry aforesaid, this All day
Vi November A. ID. 1850.
2s-3 GEORGE s. SWIFT. Clerk.