The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-04-30

execute the necessary conveyances: That
at the time and place agreed upon, the or
.ator and said Fletcher, Ephraif, Jr., aad
Ephraim met together, and said Ephrsim,
Jri, iiaving reiterated his aforesaid represen.
tations as to the number Of scres in said
above described premises, said Fletcher
and Ephraim assured said orator that said
representations were TO be relied upon
That the orator relying upon said repre-.
sensations and assurances, concluded the
bargain made with Eplrain, Jr., and the
said Fletcher then and there, for the consid-
Grafton Of $500 dollars. in due form Of law
executed and delivered tothe orator deed
oil the premises above described, and the
orator and his father, Jesse Ellsworth, exc
cuted and delivered 10 said Fletcher, their
three promissory notes for $40 each, dated
me Isl day Of April, 1850, and payable 10
SAID Fletcher with interest annually, one
on the let day ofOctober. 1851, one on the
lst day Of October, 1852. and one on the
LIST day Of October, 1858 and the orator
executed and delivered 10 said Fletcher his
ten promissory notes for 500 dollars each,
all dated the Isl day Of April, 1850. and
payable to said Fletcher with interest an
nualIy; one on the list day Of October in
each Of the years 1854, 1855, 1856, 1857,
1858, 1859. 1860, 1861, 1862. aud 1868 sue
cessively, aEd TO secure the payment there
Of, fhe orator executed in due form Of law
and delivered TO said Fletcher his mortgage
deed (dated said isi day Of April .lS50,)
Of the above described premises That on,
ct soon after. the. I'd day Of April 1850, the
said Fletcher and Ephraim yr. ascertained
that the balance which would belong TO
said Epllraim W., Y6ut Of the proceeds OF the
aforesaid sale to the orator, atter dcducting
iherelroE what said Erhssim Jr.. owed
said Fletcher, would be about 800 dollars
that said Fletcher paid said Ephraim IT,,
oil but HOO dollars Of said balance; and N,
the. request Of said Ephraim Jr. executed
to his father, the said Ephrain, a note for
100 dollars, dated the Is, or I'd day Of A..
prii 1850, and made payable To said Eph.
rain on demand or the LIST Of June follow.
ing, and delivered the same 10 said Eph-
rain Jr. 4: that the orator was informed by
said Ephraim Jr., or said Fletcher, that the
reason Of making said ! 100 dollar note pay
able 10 said Ephraim was 10 prevent said
Fletcher being sued and held as trustee of
said Ephram Jr. That the aforesaid rep
reservations Of SAID Ephraim Jr.. in regard
10 the number and value OF the pine trees
on eaid swamp land. and his representa-
lions and the assurances OF said Fletcher
ana Ephraim, in regard to the number oil
acres 10 said iour parcels conveyed 10 the
orator were false and fraudulent: that a
large proportion oil The pine trees. pointed
out TO your orator by said Ephraim Jr, ss
being on The land sold the orator, was no,
on said land, and the number on il would
not exceed one half the number represent =
ed by said Ephraim Jr. to be there ana
that said Lyman z. White never offered
the said Ephraim Jr. 800, dollars for the
pine timber on said land That The orator
has caused all of the land sold him as a,
ioresaid. except what is in the swamp, 10
be accurately surveyed, and that the parcel
above described as containing 200 acres.
contains in fact hut 156 acres l56 rods aud
The parcel above described as containing
8 acres, contains but 5 acres aud 1871 rods,
and that The whole quantity of land sold
the orator ms aforesaid does not exceed SO
acres and III rods. That the orator has
paid to said Ephraim Jr, in the aforesaid
pronissory notes, at least 1915 dollars more
than the price Of the land sold TO the orator
would amount TO al &c dollars SO cents per
acre and the same is so much money in
the hands Of said Ephraim Jr. belonging to
the orator. said Ephraim Jr. having receiv-
ed the benefit thereof in the exiinguish-
me0t Of, his debt 70 said. Fletcher in, the
money paid, and the l 100 dollar note given
him by eaid Fletcher ss aforesaid: That
said Alexander E Briggs. has said "a 100
dollar NOE in his hands and possession, as
agent Ind trustee Of said Ephraim Jr., and
threatens TO sue and collect the same, as
he claims he 10 instructed to do by said
Ephfaim Jr.. and Ephraim, aud refuses 10
give il upto said Fletcher TO he cancelled !;
and said Fletcher refuses 10 deliver ~, any
Of the nutes given him by the orator as
aforesaid, or 10 endorse said sum o: 1915
dollars, or any other sum upon Them, unless
he is released from all liability 10 pay said
100 dollar note. That after abe purchase
OF the above described farm or lands, on
the 25thday OF April, 1850. the orator pur-
chased ofsaid Ephraim Jr. some sheep.
hay and other articles then on said farm
and in The Possession Of said Ephraim Jr..
and alletgeJ by him to be his properly, Tor
The sum of apO,i ITO dollars. rs dollars OF
which was to he paid in IS days from that
date; and at the request oil said Ephraim
Jr. the orator gave him mole for rs dollars
payable to his father, the said Ephraim or
bearer, IS days from date: said Ephraim
Jr. saying that he was about going away
and should have To leave the note with his
father. and II might as. well be made pay
able TO him. That on the Alb day Of June
1850. Ozias Seymour aforesaid commen-
ced sui, on said rs dollar note before Peter
Starr, ESQ.,, Justice Of The Peace, and re-
covered Judgment for rs dollars IL cents
damages, and 2 dollars rs cents costs oil
suit. iiom which judgment The orator ap-
pealed TO the Addison County Couri, at its
June Term. 1850, aud said suit is now
pendng in said Court, and said Seymour
is pressing the collection Of. and the orator
is in danger 81 being compelled TO pay said
note, tina, said Seymour does not claim 10
he the owner Of said mole, but holds the
same as trustee Of The said Ephraim Jr-, and
sued said note in his own name Tor the
greater convenience Of collecting the same
That sold Eparaim and Ephraim Jr., have
removed 10 parts unknown 10 the orator, ARE
insolvenl.snd destitute Of roperiy, and the
orator has no means Of collecting out Of
either Of them any sun which either may
owe him. SAnd praying that the court oil
Chancery would decree that said, Champ
Ito Nj Fletcher endorse on the notes Civ
en- by, tbs ogator rs aforesaid, the aforesaid
sum af., l2l5 dollars, towards the saiisiac,
ton or said netes. that said Ephraim Moul-
ton IT,. Ephraim. Moulton, and Alexander,
z. Briggs he perpeiuaIIy enjoined from
prosecuting or collecting the 100 dollar
note against said Fletcher, that the amount
due upon said rs dollar note be Offset upon
what is justly due from said Ephraim yr.
10 the orator; that said 0zias Seymour he
perpetually OF until the further order oil
this court enjoined from further prosecuting