The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1852-11-17


Jo1FPa BRANca,
Samuel II. TUPrER&
acknowledgements,
Samuel A 1ulburt Of Ycrgennes, In the
county Of Addison having, this day ii oil in my
office his bill in chanctry against Joseph
Branch Of Malone ia the county Of Franklin
and state of New York, Samuel II. upper Of
Charlotte in the county of Chttendcn and
William Edward Griswold of said Ncrgcnncs
setting forth in substance, that said Joseph
Branch, Oh the thirteenth day Of October, \.
d. 1916 being indebted to one Joseph y. liaw-
ley, Of sad NergcnncS, in the sum OF 515 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 dollars payable on the 18th day Of
October 1918, one for seventy five dollars pay
able on the ljlh day Of October 1860, aud
one for 4O1 dollars payable on or before the
lJth day OF October lSJ2-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 l3th day Of Dc
tnber Is 10, conveyed 10y way of mortgage to
said IlaNiey in fee the following described
| land IN Ncrgennes aforesaid. viz a certain
piece ., parcel If land bounded as follows
Northcry on land formerly Owned, and which
wa , on said 18Th day of October 1916, occu-
illNAl ny l'Al - Et'Hfs s9futttliN WI lhhN
owned by Henry Scott Ets,erly on the road
l,adins from the Methodist Church to the
New haven road or shuupike so call. d, and
Westerly by land owned by the said Joseph
" Hawlcy and divided thcrcfrom by fence
then erected: That on the 25th day OF 0cto-
Der 1867, sal llaw.cy, in conside alton OF 10
dollars, by his deed duly executed, acknowl-
edged and recorded, assigned said mortgage
deed and all his interest in the premises afOrc =
said to the orator; That on the 18th day of
Octob,r 1850, sad Branch by his decd OF that
! date dull executed, acknowledged and record
ed in consideration OF Geo dollars conveyed all
his interest in the aforesaid premises to the
aforesaid Samuel II, Topper That said Tup.
per placed said william Edward Griswold in
possession OF said premises, as his tcniut
and that said Griswoll is now, and for a
long tim, hath been the occupant of said
premises: That the above mentioned 400 dol
lar note has never been paid and praying, a.
mong other things, that the said Branch rup-
per and GriSwOld, may be decreed TO pay the
orator the aforesaid sum .. money and AL in
tcrcst dIe and to grow due thereon, with the
orators costs :anl iu default thereof that they
may be forecloscd nf and from all equity OF
redemption or claim in or to the said mortgage
premises, and every part thereof: And il ap'
pcarng that said Joseph Branch resides with
out this state, sn that a subpoena cannot be
served on him: 1t is ordered by the cour
that said Joseph Branch be notified and re-
quired to appear Oh the first day OF the ncNt
term OF the court Of Chancery to be held al
M.ddcbury within and for the county Of Adj
Olson on the second Tuesday Of December
A. D. 1857 and make answer to said bill ir
chanccry by the publication Of This order and
the substance Of thr orators bill three week.
successfully in the Middebury Register
public newspaper printed at Middlcbury il
said county of Add on, the last of which publt
cations shall be at least twenty days previous
to the commencement OF said term
Given under my hand this Both day of DC
tober A, D. 1852.
GEO. S. SWIFT. Clerk.
p. C. TUCKER, Solicitor,
for orator. 2S3w