The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1850-03-23
STATE OF VERMONT,
Orleans CpuHiytss
IN CHAkCERY

IN CHAACEkf
Avian Foole ". Eldhdas Brown and Nathan
iel, w Lathe.
VNTHEREAs, Alyan Foeie, 81 burlington,
w in thd CouHiy 81 GhltirHdca aud STAT
OF Vermont has flied 10 the Once Of fir Clerk
of the Count Of Chanoery Tor the County OF
Orleans aforesaid, his bill of compliant srilnE
firth therein among other things that LldUdRr
Brown, lltn ~ Newport, in sad County u
Orleans, fnaw gone 10 parts unknoWn) 90 iha
gGth day 81 June, a - 1880, was ipsly no.
drbted a. thp said Alyan F0ote and one Luihfr
Looms then Of Burlington aforesaid lfinGo
decgasrdj NJ the sun Of $4,000 specihfd iu
four pfpuusfpry nNtrs all bearing date on ihf
s4d 1llh d+F Of laHe, 4 ID 1889, abd rlt
payable ~ aaid Avian fnnie and Luther isg"iH'
u on ordrr--aad each tat the sum Of Sh2 iho
One u said notes payable 0R The hfsl day VI
January, A D., l-il-ono payable on The hr't
day bf January, lrig-oue payable 90 The hftt
dHg ~ jHuuHrv, = i3---and sRs pa Fshlo on tho
ffst day Of January, lsil-and all 90 interest
from date Aud in order 10 seeUfr TOO pay
ment of said notes, the said Elduarr hfnWh
90 the SAID roth day 0f June, a, ID lew con
yryed o. lhr said foote = Looms, BY moHga1n
deed the following described land 10 Newport,
10 tho County Of Orleans aforesaid, yiE-ihr
/ tract or parcel Of land lying and being ~ that
part Of said Newport which was Wy chatter
| called DuHCantburouph, and described De fol-
! ipv-r, we i7ut m i13 w thr urouHt n
] vision of thc original right ~ James Johnson,
containing one 'undrsd and nineteen acres
al laud-llf The sumo more or irrs 10 haze
and 90 hold shid premises with. all The Pryi-
l,,,s and nppuHenancea thefruntG belonging
10 the said Alyun foolo aod Luther Lo1mif,
their heirs and assigns fofever-wiih . ooudi'
ton tnefrto annexed, mat II the said EldraSo
Brown, h,t heirs, Executors OF Administrators
should wolf and truly pay tho said notes bc '
cofdlng t0the tenor Of the SANE, then said con
vvyuur,- 81 be- Rgll aad void, uihefwise 90 be
and remain ~ fan fuTcc and virtue 10 convey
lAf pfrmiHea Aforesaid,
And Lurlhcf setting f1fih that the said El'
dudrr Bfpwn, on the 9th day of February,
A %, lrli, by htH deed Of Out Clam oi That
date conveyed said premises unto one Nathlnr
icl W. Lathe, then Of SAID Newport, now gore
80 pals unknown
And further trprcsenting that the said Lu'
. ther LOOMS deceased on the 9Th day Of juno,
a -, I-ji, aud BY bio last Will and Icuta'
mrni duly proved hnd allowed ~ such by the
Probate Court within and for the District OF
Chiiicndrn, and State Of Vermont, and -,
Court, did give and brqucath INTO one Charles
H. Peck, d minor, hiu the said Looms interest
in said four promissory notes signed by the
said Eldfdrr Brown, aud hiu the sad Looms
interest IN the morigagcd premises eolotr de-
. sct,brd.
4 And further stating that John II. Peek, Of
Huntingdon aiufcRaid. was duly appointed
-
( Probate Court ia aud for said District OF Chit
ftrurru. MI afterwards on the I'D day nf July.
a. D, Igl5, the said John II Peek, by his
/ decd ~ tLat datr conveyed the interest 81 the
/ said Charles L,sPcok "a the alotosad men
! toned prrmIscs 10 the complainant
/ Aud clio further stating that said sums Of
moncs specified in said pfomissory notes men.
toned In the condition of the Orator mort
| gage decd have never been paid, but the same,
? together with great arrcar OF interest ihcfo'
on now remains due 10 the Orator, and The cs'
] tate aud interest on SAID morlRAged premises
/ has btcoh~ absolute "a the Orator.
! And puying among other things that the
I said Brown and Lathe be required on oath 10
| answer the matters and things set forth IA
said bilf uf complaint, and that they may be
: ill., -LlI1lnL 10y sotne shoIl
iday To- btfHrd hy the Chancellor thc suH5 OF
money and all intcrcs, thereon due the Orator
nfurcsnid, and tho Orators eott, aud IN default
! thereof that the said Brown and Lathe aud
~ pee -ors claiming under them may be fore,
closcd Of mud from all equity Of redemption or
claim IN aud TO the said moNgugcd premises
aud every mart thcfcof-that a subpoena issue
~ due form and that the Orator be- further re-.
licycd according 60 equity X good conscience.
Andwhctrns the said Eldtidgc Brown and
Nathaniel w Lathe rcride without this State
70 that subpdnas cannot be served up,n them
l-Th-rcf.te an pursuance Of the provisions Qi
the Revised Statutes, chap %, sec. 90, notice
e
aud Nathaniel W Lathe, and they are hereby
required 10 appear before the Chancellor OF
the Sixth Judicial Circuit of the State OF
Vermont Of the Cont House in lrasburph in
said County ar UT,Cuns on the fth Guesdayin
june mex, being the first day of the ne Xt stat.
cd term ~ the Court Of Chanccry IN said
County aud make answer TO the bill Of com.
plant uiorcsnd and abide such order, direo.
ton and decree therein as to said Chancellor
shall seem meet And the complainant IN
-s--ai.-I- -GaLAg this order 20 be
published three weeks EUcccssiyciy in the Cal.
y,ilt'.i,., aEiilIch- ia lohushu.
~, IN the County Of Caledonia, the last OF
which publication to be az least twenty days
before The Eth Tucsday of June next
Dated at lrasburgh, IN said County Of o..
leans this 18th day OF March, a d 1850
HENRY NJ RATES, Clerk in ChanccryA
WV M DteEraaAs, Solicitor 660w3
Dissolution.
-EHaIF- t,aRa4laa1shin hercInfnrc existing hc.l
h tween the Subscribers, has been dissolved
A 4