Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1852-08-06

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THiTrENDRN COUNTY IS. Daniel Simpson, Steph'
en- Whitney and Sayedra w Taylor, Defendants.
i he above named oratrx having filed in the office
Oh me Cltik VI the Court OF Chancery, within and
Tor the County Of Chittenden and Stale of Vermont,
hef DiIl against The above named defendants dirpc-
ted TO the honorable Court of Chancery next TO be
noluen at burlington, within and Tor the County OF
| Chlttenden and State Of Vermont Wherein ehe
states among other things, that Daniel Simpson for.
merry OF Burlington, in said County, now of the
Siate oi view York, being justly indebted 10 Amos
b.ouget OF burlington, in said County in the sum Of
SIX hundred and twenty five dollars Specified in mir
| teen promsory notes, all bearing date on the Both
gay OF May, A: D.. lS45, the first note for twenty.
fye dollars, and payable to said Bodget or order IN
,,,"eV Gays from date the other twelve notes for ff
OF May lS46, lSf7, 1913. ls49 1850 1851 1852 1854
iSol, 1888, 1856 aud 1857 respectively 10 the said
Dlodget or order, with interest, payable annuay-
III ofuer 10 secure the payment Of the snid sums of
money, IN the said thirteen notes specified with tho
| interest thereon according to the tenor and eH.c
| thereof, the sdd Simpson on the Both dav of NAV
A. D., 1913, executed ard delivered 10 the spid Riod
sei ms the sald simpsons mortgage deed of IN.
| following described land IN Burlington aforesaid
VIZ "A piece OF land on the west side of The roa i
! leading northerly from the village of Burington IN
the mouth OF Onion RIVER described and boundsd
| as ioHoWs'VZ; Oh the south by land OF b. ! UpIue.
| bergh, west by Lake ChampIau cast bv said roan
and on the north by n line extending from SAID ~,
eascry to said road parallel to the north line of en-
belnebergs SAID land, and SO tar northery theretrom
as 10 embrace 20 acres OF land within the aforesaid
Bounds and no more, being part of 1903 acre lot M
49, and IS the same land this day conveyed 10 said
] Simpson by said Amos Blodqet ~ ~
hat afterwards, to wit, on the 25th day OF An
gust lo4I' me SAID Amos BIodget, in consideration
| OF six hundred dollars by his ASSIGNMENT and en-.
dorsement, duly executed, sold assigned and trans
ierred to the oratrx the said notes and all his the
SAID Amoss interest and estate in the land herei,,
before described and conveyed by the said Simpson
| 10 the said Amos. "F"'
That afterwards, to wit, on the first dsv of Oc,o
Der, A. D., 1916, the said Daniel Simpson in cons,d
erapon OF SIX hundred and twenty five dollars re
celyeu OF one Stephen Whitney, of said Burlington
by his certain other deed of bargain and sail. o II, -,
date duly executed acknowledged and recorded did
convey and confirm unto said Stephen Whitney the
same land and premises herein before described viii
an the privileges and appurtenances hereunto be-
longing.
That afterwards, to wit, on the Nth dov NJ N,v
. u, 1891 the said Stephen Whitney in consider,
ton OF three thousand dollars received of one Ssve
dra w. Taylor OF said Burlington, by his certain
ole deed OF bargain and sale of said Ias, roen,;o
ed date, duly executed, acknowledged and recordad
did convey and confirm unto the said Savedro ~
Taylor, the same land and premises herein be1re
described win all the privileges Iand appurtenances
thcreunto belonging.
That afterwards, to wit on the Itth d,y of Nro,,
y. ID. 1891, the SAID Savrdra W. Tayior in cons,i.
Grafton VI three thousudd dollars. received nj tG
said Stephen Whitney, by his certain other decd N,
bargain and sale OF SAID last mentioned DAT. t,I
~
and confirm unto the said Stephen " hiturv ths
same land and premises hereindesc -ibed with nil
the privileges and appertenances thereunto brlong
ing, with condition unto the last mentioned I'D
annexed that II tho said Tayer, his heirs or assigns
should well and truly pay cause to be paid unto The
said Whitney his the SAID Tayler's eight promissorv
notes IN writing, dated the same 9Th dav of MAJ
lool' one Tor one hundred and fifty dollars, payable
IN one year from date, one Tor three hundred dollars
payable in two years from date four for three HIM
del u twenty-five dol ars each payable rcspective in
three, tour, five and SIN years from date ON. for br
hundred and seveny-tve dollars payable in seven
years from date, the other tor four hundred and
twenty eight dollars and twenty one cents povoIIs |
IN eight years IRON date, signed by said Tav.r and
payable to said Whitney or order, and ali v;ib
interest annually, and shall also pay or cause TO he
paid unto Amos Bodg-t seven certain notes ona f.
thirty three dollars and thrty-ti cents daied Nav
9Th, 1913, signedb by Il. J. lIeineberg and povaht
to SAID Bodge or order or before the rsi DIV NJ
Apn, 1872 with interest al three per cent per an
mum, (the interest being paid 10 April frst iSil -,
the other SIX notes being tor fifty dollars each
signed by Daniel Simpson and payable 10 said BioJ,
ct or order on or before tie Both day OF Nav lS5l7
lSo5-lS3i-l So2-iS 16-and 1851 with interest an
last six notes being paid up to May Both 1855 } and
shall indemnify and save harmless the said Whitnev
from the payment OF said last seven notes accord no
to the tenor thereof, then the said Deed OF convey
ance from said Taylor to said Whitney to be mil and
void, otherwise TO be and remain in full force and
virtue TO convey the premises as aforesaid
That the sums OF money specified in the thirteen
promlssory notes aforesaid, mentioned in the mort
gage deed from Daniel Simpson 10 Amos Blodret
nave never bsen paid or any part thereof excpn, |
three hundred and twenty dollars nor the inter-
est thereon accrued, but the same is still due and I'M
paid, ond praying that The said defendants may
upon their oaths true fuIl and perfect answers make
TO all ana singular the matters and things aforesaid
that they may be decreed TO pay and satisfy TO the
OratfX the SAID sums OIL money and all interest due
ana growing due thereon, as Aforesaid, by some
short day to be appointed by this Honorable Court TO-
gether with the orariXs cosfaud in default thereof
that they, and all persons claiming under them mav
be ioreclosed OF and from equity OF REDEMPTION or
claim i'll and TO said morgaged premises and that the
orltrlA may, by decree Of the SAID Court hold and
ENJOY all and singular the premises aforesaid freed
and discharged OF all equity OF redemption which the
SAID defendants or any person or persons claiming
from or under them may or might have in or to the
same or any part thereof.
And also praying that said Court would grant n |
writ OF subpoena directed to the said defendants
thereby commanding them and every OF them, under
peualty therein to be limited personally 10 apuear
before said Court al term thereof to be holden
Burlington, in and for said County OH the third Ines
day in September next, then and there, upon their
respective oahs, full and perfect answers make to oil
ana singular the premises, and further to stand to
and abide such order and decree therein as to the
Honorable Court shall seem meet.
THEREFORE, it appearing to me that Daniel |
simpson, one OF the sad defendants resides i'm the |
State Of New Yerk, and cannot be served with a |
SuhpTaa Of this Court is hereby ordered that the
said Daniel Simpson appear before said Court ON the
hrst day of the session thereof 10 be begun and holden
at Burlington, in and for the County OF Chitten-
den aforesaid on the third Tuesday in September
D. 1892, and make answer 10 this bill Il is further
ordered that the oralrx shall cause 10 be published
in the Burlington Free Press, public newspaper
published at Burlington Aforesaid this order three
weeks successlvey,th the last oiwhcn publications shah
BE al least twenty days previous TO the commence
meat OF the session oil the Court aforesaid, at the
term Aforesaid.
Given under my hand at Burlington, this ith day
OF August, A. ID. 1852.
D. B, BUCKLEY, Clerk.
II. LEAvENwoRTH, Solicitor
4 II StLA M AZ an