The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-05-07

Of April 1850, 10 complete the bargain ant
execute the necessary conveyances: Tha
ut the time and place agreed upon, the or
nior md said Fletcher. EplTaim. Jr, a1d
Epliraim mrt ioreiher. and said Ephrnim
Jr., having reiterated bis aforesaid represen
taiions as 10 the number oil Hcres in said
above described premises, said Fletchei
aud Ephraim assured said orator that san
representations were TO he relied upon
That the orator relying upon said repre-
sensations and assurances, concluded the
bargain made with Ephrain, Jr.. and the
said Fletcher then and there, for the consid
GRAFTON of $500 dollars in due form of Law
executed and delivered othe orator deed
Of the premises above described and the
orator and his father, Jesse Ellsworth, exc
cutcd and delivered 10 said Fletcher. then
three promissory notes for 800 each, dated
ine Isl day Of April, 1850, and payable TO
SAID Fletcher with interest annually, one
on the Isl day ofOctOber. 1851. one on the
LIST day of October, 1859. and one on the
| LIST day Of October 1853 and the orator
executed md 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
nuay, one on the list day Of October in
each Of the years 1854, 1855, 1856, 1857,
1858, 1859 1850. 1861, 1862, and 1868 sue
rcssively, ard 10 secure the uymeni there
Of, the orator executed in due form of law
and delivered 10 said Fletcher his mortgage
deed dated sail Isl day OF April 1850, J
OF the above described premises That on,
or soon AFTER the 81 day Of April 1850, the
said Fletcher and Ephraim Jr. ascertaned
tina, the balance which would belong to
said Ephraim Jr, out Of the proceeds Of the
aforesaid sale TO The orator, after deduciing
rherefrou: what said Ephraim Jr.. owed
said Fletcher, would be about 500 dollars
that said Fletcher paid said Ephraim Jr..
all but 100 dollars OF said balance, and at
the request of said Ephraim Jr. executed
to his father. The said Ephraiin, n note for
100 dollars, dated the Is! or I'd day of A.
pril 1850, and made payable to said Eph.
rain on demand or tho lst Of June follow.
ina, and delivered the same 10 said Eph-
rain Jr. that tho orator was informed by
said Ephrsm Jr., or said Fletcher. that the
reason of mnking said 100 dollar note pay
able TO said Ephraim was 10 prevent said
Fletcher being sued and held MS trustee of
said Ephraiu, Jr. That the aforesaid rep.
reservations Of SAID Ephraim Jr. in regard
on said swamp land, and his representa-
tons and the assurances OF said Fletcher
ana Ephrain, in regard to the number oil
acres in said four parcels conveyed 10 the
orator were false and iraudulent that
large proportion of the pine trees. pointed
out 10 your orator by said Ephraim Jr., as
being on the land sold the orator was moi
on said land, and the number on il would
4 Ia. ,ho
ed by said Ephraim Jr. to be there: ana
that said Lyman L. 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.
loresad. except what is in the swamp, to
be accurately surveyed. and thai the parcel
above described as containing 200 acres.
contains in fact but 1876 acres &c rods and
the parcel above described as containing
acres. contains but acres and l2l rojs,
and that the whole quantity of land sold
the orator as aforesaid does not exceed SO
acres and ~ rods. That the orator has
paid 10 said Ephraim Jr, in the aforesaid
promssory noles, al leas, 1915 dollars more
Than the price Of the land sold 10 the orator
would amount 10 al 26 dollars sc 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 extinguish-
ment Of his debt to said Fletcher in the
money paid, and the 100 dollar note given
him by said Fletcher as aforesaid That
said Alexander z Briggs, has said |. 100
dollar noe in his hands aud possession, as
agent and trustee Of said Ephraim Jr.. and
threatens 10 sue and collect the same, ms
he claims he is instructed 10 do by said
Ephraim Jr.. and Ephraim, and refuses TO
give it up 10 said Fletcher TO be cancelled !;
and said Fletcher refuses 10 deliver up any
Of the notes given him by The orator as
Aforesaid, or 20 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 the purchase
OF the above described farm or lands, on
the o5lh day OF April, 1850, the orator pur-
chased Of said Ephrain Jr. some sheep.
hay aud other articles then on said farm
and in the possession of said Ephraim Jr.,
and alledged by him to be his property, Tor
the sum of ABOUT no dollars, rs dollars OF
which was to be paid in IS days from that
date; and ut The request oil said Ephraim
Jr. the orator gave him nole for 10 dollars
payable 10 his father, the said Ephraim or
bearer, So days from date: said Ephraiin
Jr. saying that he was about going away
and should have 10 leave the note with his
father, and It might as well be made pay
able TO him. That on the 4,h day Of June
1870, Ozias Seymour aforesaid common
red suit on said rs dollar note before Peter
Starr, ESQ, Justice of The Peace, and re-
covered Judgment for IS dollars IL cents
damages, and 2 dollars 25 cents COSTS oil
suit, iiom which judgment The orator ap-
pealed TO the Addison County Court, at lis
June Term. 1850, and said sui, is now
pending in said Court, and said Seymour
is pressing the collection oil, and The orator
is in danger nj being compelled 10 pay said
mole, that said Seymour does not claim 10
he The owner of snid note, but holds The
same "a trustee Of The said Ephraim Jr-, and
sued said note in his own mime Tor The
greater convenience of collecting the same :.
Thai sold Epnraim and Ephraim Jr, have
removed lop parts unknown 10 The orator ARE
insolveni aud destitute ot rnperiy, and the
orator has no means Of collecting out oil
either Of them any sum which either may
owe him. And Iraying that the court OF
Chancery would decree that said Champ
lin NJ. Fletcher endorse on the notes Civ
en- by the orator rs aforesaid, the Aforesaid
sum of 1918 dollars, towards the saiisiac>
lion Of said uotes, that said Ephraim Mnul-
ton Jr., Fphrain Mouhon, and Alexander
e. Briggs he pcrpelually enioined from
prosecuting or collecting the 100 dollar
note against said Fletcher, that the amount
due upon said IS dollar note be offset upon
what is justly due from said Ephrnim Jr.
10 the orator; that said Ozias Seymour he
perpeually or until the further order oil