The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1852-11-03


vs.. Chanccry.
JosrPn BRANcn,
SAMUEL II. TUPPER&
VIM acknowledgements,
Samuel 4 llnlbnrt of Vcrgenncs, in the
county Of Addison having this day fl e / in my
Office his bill in chanccry against Joseph
Branch Of Malone in the county of Franklin
and state of New York, Samuel II. Upper of
Charlotte in the county of Chittenden and
William Edward Griswold of said .Nergcnnes
setting forth in substance, that said Joseph
Branch on the thirteenth day Of October, a.
b. 1916, being indebted to one Joseph n. Ilaw-
ley, OF said Ncrgcnnes, IN the sum OF j7J dol
lars specified in three promissory notes,-all
dated said 18th day Of October 1916 and all
payable with interest annually, one for the
sum of 100 dollar payable on the 18th day of
October 1913, one for seventy five dollars pay
able on the 18th day of October 1850, and
one for 100 dollars payable on or before the
10Th day of October 1s52-in order to secure
the payment of said sum, by his deed of bar
gain and sale, duly executed acknowledged
and recorded, and dated said 18th day of DC
tobcr 1876, conveyed by way of mortgage to
said llawlcy ia fee the following described
land in Vcrgcnncs aforesaid, viz a certain
piece OF parcel Of land bounded as follows :
Northerly on land formerly owned, and which
was, on said 18th day of October 1916, occu-
pied by Dan c. Stone; Southcrly on land
owned by Henry Scott Eastcrly on the road
leading from the Methodist Church to the
New Haven rt ad or shunpillc SO called, and
Westerly by land owned by the said joseph
n lIawey and divided therelrom by fence
then erected That on the 25th day of Octo-
Der 1852, sail lIawley, in consde alton OF 400
dollars, by his decd duly executed, acinowl-
edged and recorded, assigned said mortgage
deed and all his interest ia the premises afort
said to the orator: That on the Doth day of
OcGobcr 1880, said Branch by his deed of that
date dull. executed, acknowledged and record
c,l in con sideration of 600 dollars, conveyed all
his interest in the aforesaid premises 10 the
aforesaid Samuel II upper That said Tup-
per placed said William Edward Griswold in
possession of said premises, as his tenant
and that said Griswold is now, and for \
| long time hath been the occupant of said
premises: That the above mentioned 400 dol
lar note hasnever been paid and praying, a
mong other things, that the said Branch TuIl
per and Griswod, may be dccreed to pay the
orator the afor esaid sum o. money and all in
tcrest dae and to grow due thereon, with tn,
orators costs and i'll default thereof that the,
may be forcclosed Of and from all equity o
redemption or claim in or to the said mortsag,
premises, and every part thereof: And it APP
pearing that said Joseph Branch resides with
out this state, SO that subpoena cannot b,
served on him II is ordered by the cour
that said Joseph Branch he notified and re
quired to appear oil the first day OF the mex
term OF the court OF Chancery to be held =
Middebury within and for the county Of Ad
olson on the second Tuesday of Deccmbe
A. D. 1852, and make answer to said bill il
chaaccry by the publication Of this order an,
| II 1. A.
successfully in the Middlebury Register
public newspaper printed at Middlcbury il
said county of Addison, the last of which publ
cations shall be at least twenty days preyiou
; to the commencement of said term
Given under my hand this 30th day of DC
tober A. b. 1852.
GEO. S. SWIFT. Clerk.
7. C. TUCKER, Solicitor,
for orator. 2S:3v