The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-04-23


,xecuie the necessary conveyHnues; That
1t the time aud place agreed upon, the or
,tor and said Fletcher, Ephraim, Jr., a7d |
Ephraim met together, and said Epiiraiu, I
IT,, having reiterated his aforesaid represent |
ations ne TO the number Of scres In said
above described premises, said Fletcher
and Ephraim assured said orator that said
repre- sentatio were 10 be relied upon
That the orator rely ing upon said repre-
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
cuted and delivered 10 said Fletcher, their
three promissory notes for $40 each, dated
me st day Of April, 1850, and payable to
said Fletcher with interest annually, one
on the LIST day of October. 1851, one on the
LIST day Of October, 1852 aud one on the
Is, day Of October, 1853 and tie orator
executed nnd delivered TO said Fletcher his
ten premissory totes fur 500 dollars each,
all dated The Is, day ri April, 1850. aud
payable to said Fletcher with interest an
nUaly, one on the list day Of October in
each OF the wears 1854, 1855, 1856, 1857,
1858, 1859. 1860. 1861, 1862 and 1868 sue
ressively, az d TO secure the payment there
Of. The orator executed in due form of law
and celivcrcjto said Fletcher lie uIer, age
deed tdntetI said Isl day ot apri 1850,
Of the above described premises That ao.-
~ sooI, ,afier, the 2tllay oG April Is aRaltc
said Fletcher snd Ephraim. H., aseer ,aihe,i
HAT, the balance which weuldi bsIo,,g,, TO
said EphraiurJr., out oiithe proceeds of she
aforesaid sale to The Orator, after detluoting
,tcreCromi what said EphraiuB lr.. owed
said Fletcher, would be about 1900 dollars :.
that said Fletcher pail said Ephraim IT,,
all but 100 dollars OF said balance and al
the request Of said Ephraim Jr. executed
to his father. the said Ephraim, a noIe for
400 dollars, dated the IL. or I'd day Of A.
pri 1850, and made payable to said Epti,
rain on demand or The let Of June follow
ing, and delivered the same TO eaid Eph-
rain Jr. tha, the orator was informed by
said Ephram yr., or said Fletcher, that the
reason or making said 100 dollar note pay
able 10 said Ephralm was 10 prevent said
Fletcher being sued and held az trustee Of
said Eplraim Jr. That the aforesaid rep
RESERVATIONS Of SAID Ephraim Jr., in regard
TO the number and value oil the Pine trees
on said swamp land, and his representa-
lions and the assurances Of said Fletcher
and Ephraim, in regard to the number oil
acres 10 said four parcels conveyed TO the
orator were false and lraudule0i': that a
large proportion Of The pine Trees, pointed
out 10 your orator by said Ephraim Jr, III
being on The land sold the orator, was no,
on said land, and the number on il wouid
not exceed one half the number represent
ed BY said Ephraim Jr. to be there ano
that said Lyman z. White never ohereC
the said Ephraim Jr. 800 dollars for tn,
nine timber on said land: That the orato,
has caused all of the land cold him as a.
loresaid, except what is in the swamp, &c
be accurately surveyed, and that the parce
above described es containing 200 acres
contains in fact but 156 acres Sc rods ant
! the parcel above described as containing
8 acres, contains but 5 acres and l2l rode
and that the whole quantity of land sol,
the orator as aforesaid does not exceed 8,
acres and III rods. That the orator ha
paid 10 said Ephraim Jr, in the aforesai
promiseory notes, al least 1915 dollars NOR
than the price Of the land sold TO the orato
would amount 10 at 26 dollars Sc cents pc
acre and the Same is 80 much money i
the hands Of said Ephraim Jr. belonging l.
the orator. said Ephraim Jr. having receiy
4 ed The benefit thereof in the extinguish
naett of his debt to said Fletcher in H.
money paid, and the 100 dollar noie give
hipa by said Fletcher as aforesaid Tha
SAID Alexander E Briggs, has said .1l0
dollar n".e ;nhis hands and possession, a
a&ent and trustee Of sxid Ephrain,. [., an
ii,geaiens 10 sue au,l collect the eale, Il
he, elaine he is instructed to do, by sal
EPhtaim Jr.. and Ephraim, and refuses I
4 give il up 10 said Fletcher TO be cancelled
and said Fletcher refuses 10 deliver VI, an
Of the notes given him by the orator 4
Aforesaid, or so endorse said sum OF l2l
dollars, or any other sum upon them, unei
he 10 released from all liability 90 pay sal
100 dollar note. That niler the purcha.
OF the above described farm or lands, G
the 25ih day Of April, 1850. the orator pu
hay and other articles then on said lar
and in the possession OF said Ephraim j.
and alledgeJ by him to be his properly, 4
the sum Of ABOUT no dollars, rs dollars
which was to he paid in IS days from III
: date and at the reques, oil said Ephrai
y Jr. the orator gave him noie for 10 do.la
y payable 10 bis father, the said Ephraim
!, bearer, IS days from date: said Ephrai
y Jr, saying that he was about going avn
: and should have to leave the note with !
= father. and II nigh, as well be made pa
4 abIo to him. That on the 4Ih day Of Ju
;, 1850. 0zius Seymour aforesaid CONNIE
q ced sui, on said rs dollar note before Pet
) Starr, Esq, Justice Of The Peace. and
covered Judgment fors75 dollars IL Ger
damages, and 2 dollars IS cents costs
u suit, iiom which judgment The orator a
', pealed to the Ad'lison County Coori, at
!" June Term. 1850, aud said sui, is nc
:, pending in said CourI, and said Sey"o
;, Is pressing the collection Of. and The ora
" is in danger ~ being compelled to pay 81
mole, thai said Seymour does not claim
be the owner Of said noie, buI holds
y same as trustee Of the said Ephraim Jr-, a
u" sued said note in his own name Tor :
:. greater convenience Of collecting the 81 n
y rhu, said Epnraim and Ephrai1 Jr, ha
!, remoy ell 10 paris unknown TO The oraioril
, insdivent and destitute Of ropery, aud
=" ora,or has no means oil collecting out
;, either OF them any SUN which ehher IA
Y rowe him. And Iraying that the court
Chancery would decree that said Cha n
lin N. Fletcher endorse on the notes 9
!" en- by the orator as aforesaid. The aioresi
u. sum of 1918 dollars, iowards the satisls
;. lion Of said notes, that said Ephrain Mo
- ton j., .Ephraim MouIion, and Alexsn'
II E.. Briggs he perPe'uaily fnloined. u,
- prosecuting o. collecting ihe hoo dol
y Iute against said Fletcher, tilal the atnol
\, due upon said IS dollar po,e he Offset "
y what is justly due trogl said Ephraim
II 81. "a ~. Cd.
" perpe,ualy-or until the further srdef
!, this court enjoined from fuuher prosecuti
70 his said suit upon said 75dolIar note, ii
-. l-r l.. 900