Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1852-08-20
CeQnl n otites,
In ChanCerY.

$ ATE OF vERMONT,} Amos Il. Penslee and
C1TTENpEN COUNTY, So. : John Mcdonald it,
70 Louis b. Brunell, Rosalee Brunei, [. j. Church,
4 lrles l.. Nelson and Isaac Sherwood defendants
me above named Orators having filed in the OF.
nee OF the Clerk of the Court OF Chancery within
ard Tor the County OF Chitenden and State OF Yer
ont, their bill against the above named defendants
rected to the Honorable Court OF Chanceiy, next
B. De holden AT Burlington within and for the Coun-
" OF Chittenden in the State OF Vermont. Where
they state among other things that, Louis b. Bru
ut then OF Burlington aforesaid, now OF Hartford
the State OF Connecticut, being justly indebted to
amos H. Peasee OF Burlington aforesaid, and John
donald Jr. then OF said Burlington now OF Am.
a.erdam in the State of New York, and formerly
ltruers in trade doing business at said Burlington
lder the STYLE and firm of A. IL. Peasee & Co., in
- sum ct Seven hundred forty four dollars and or
~ four cents, specified in four promssory notes, all
airing date the 18th day OF April A. D. 1881, for
llue received, each for the sum OF One hundred
lightly six dollars and six cents payable to A. II
-easee II Co., or order in nine, fourteen, nlnteen
ionths and two years from the date thereof respec
.vey with annual interest, in order t.. secure the
,ayment OF said sum OF money specified in said tour
1rouiissory notes with the interest thereon accord
ng to the tenor and effect thereof, the SAID Louis B.
3runell and Rosalee Brunell wife OF said Louis
the 18th day of April A. ID. 1851 executed and
delivered to the said Amos H. Peasee aud John
Mcdonald, their, the said Louis b. Bunell aud Ro-
saee Brunells mortgage deed of the following de-
scrihed land IN Burlington aforesaid, in said mort
gage deed described as follows:
"A certain piece Of land with the buildings thereon
standing situate i'll said Burlington on the East side
of Wlnooski Avenue, being the same premises con-
viewed to the SAID Louis 4. Brunel bv Wyllys I,y-
man by deed dated December 23d 1913, and recorded
III the 10th Book OF records OF deeds III said Burng-
'on OF page IA, reference whereto is hereby made
tor further description"
That afterwards, TO wit. on the 25th day of June
A. d. 1851, the SAID Louis B. Brunei, made exerut-
ed and delivered to one l. ]. Church of Burlington
Aforesaid certain contract or lease in writing, pur-
porting Tor certain sum in said writing mentioned
and to be paid yearly to lease to said Church the
premises first above described for the term OF three
years tronl the 18th day of June A. d. ISL That
afterwards, to wit, on the 18th day of May 1882
said Louis B. Brunell and Rosalee Brunell, by then
certain agreement or lease III writing OF that date
duly executed and delivered, leased the premises de-
scrbed IN the mortgage deed herein before set forth
10 Charles IT, Nelson and Isaac Sherwood both
Burlington tor the term OF three years from the date
OF said lease or agreement
That this sum OF money specified in said four prom
issory notes described in said mortgage deed have
never been paid or any part Thereof, or the interest
thereon, but still remains due and unpaid and pray.
ing that said Defendants may upon their OATH, true
full and perfect answers make to al aud singular the
matters and things aforesaid that they may be de-
creed to pay and satisfy 10 your Orators said SUN
money and all interest due and growing due thereon
as aforesaid, by some short day to be appointed by
this Honorable Court, together with the Orators
costs and ia default thereof that they SAID Defend
ants and all persons claiming under them may be
fOreclosed OF and from all equity of redemption OF
claim in and to said morgaged premises, and tina
the Orators may by decree OF said Court, hold anc
enjoy all and singular the premises aforesaid treeC
and discharged OF all equity Of redemption which the
said defendants or any person or persons claiming
from or under them may might have ia or to the
same or any part thereof, and also praying that a
writ OF subpoena might be granted by said Court, t
rected to said Defendants thereby commanding them
and ever! one OF them under penalty therein to be
limited, personally to appear before said Court, at
term thereof to be holden at Blu lington in and for
said County on the third Tue sday i'll September \
d. 1852 then aud there upon their respective oahs
full and perfect answers make to all and sins uar the
premises and further to stand to- ard abide such or
der aud decree therein, as to the Honorable Cour
shall seem meet.
THEREFORE, 1t appearing TO me that, Louis b. Bru
nell and Rosalee Brunel, two OF the said Defendants
reside in the State OF Connecticut, and cannot bt
served with subpoena OF this Court, it is hereby or
dered that the said Louis B Brunell and Rosaet
Bruuell appear before said Court the first day O
the session thereof, to be begun and holden at Bur
lngon in and tor the county OF Chttendrn aforesaid
on the ihlrd Tue sday Ill September a. ID. 1852 an,
make answer TO this bill
1t is further ordered that the Orators sha cause t,
be published, in the Burlington Free Press public
newspaper published at Burlington aforesaid, Thu
order three weeks successfully, the last OF which putt
LEGATIONS shall be at least twenty days previous tn
commencement OF the session OF the Court aforesaid
at the term aforesaid.
Given under my hand at Burlington this 10th da,
Of August A. ID. 1852.
D. B. BUCKLEY, Clerk.
II. LEAVEN WORTH, Solicitor WOW: