Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-09-26
State of Vermont.
BCBK LEAVENWoRTH,)

~ Nh IA.A ' IN NplNIh,
r. Chittenden Co. In Chan
ABIAL II. LYON AND Gerry, Nov. Term, 1856.
ALONZO NEWELL.
w IlEREAS BURK LEAVENWORTH ofCIAR-
W lotte in said Chittcnden County, has filed in
this Court his petition setting forth in substance
that Abial IL. Lyon, late of said Charlotte, now Of
the state Of Illinois, on the lst day of April, 1851,
executed TO Lyman lockwood of said Charlotte, a
mortgage deed Of certain land situated in the town Of
Charlotte aforesaid, being a part Of tho estate Of
samuel IL. Barnes, late Of said Charlotte, deceased,
and consisting of three pieces of land which arc sew
orally described as follows, viz one piece, begin
ming az the centre Of the spring on the Northetly
side of the highway, a little West Of the old tavern
stand Of the late Gen. Hezekiah Barnes thence
Nurthcrly to a butternut tree at the foot Of the
ledge of rocks, West Of the town pound, thence
Elsterly, in the ran &c oil said ledge and South Of
said pound to the West line Of the highway, thence
S~outhcrly and South Westerly, in the Westerly line
Of said highway to the place of beginning, contain
ing about one and a half acres of land, more or
less, with the tavern house and other buildings
standing thereon ; the second piece, beginning at a
maple tree in the Southwest corner of Alpheus
Williams land, thence S~outherly on said Williams
Westerly line to the Northerly line Of the highway
running East from the store, thence North esterly
to a stake in the East line of the stage road, in
front of the large barn, thence N~ortherly in the
East line OF the stage road to Charles u. Foot's
South line, thence Easterly to the place Of begin
ming, containing eighteen acres Of land, more or
lees, excepting therefrom ~ffty-four rods Of land,
heretofore decided by Noble Lovely to Hyson Rich
the third piece, beginning at the North-West cor
Ter of the red horse barn South of the highway,
thence Easterly in the line Of the highway to the
NoIth-West corner of the store-house occupied by
Ezra Alexander, thence S~outherly to the North line
of land formerly occupied by Hyson Rich, thence
Westerly to the South Vest corner of the garden,
thence Northerly to the place Of beginning, contain
ing three-touTths OF an acre, more or less-except-
ing from tue whole of said land, above described, SO
much thereof, as is leased to and occupied oy the
Tow sc Hhar1oFfa a q a Eita fnr a Tam Huuaa e q n
dItioned tor the payment of three promissory notes,
dated April let 1851, the two first for five hundred
dollars each, and the other for six hundred dollars,
all signed by said Lyon and payable to said Rock
wood or bearer. with interest annually in one two
and three years from date respectively that
the last mentioned Of said notes is due and unpaid
that said notes are, by mistake, described in said
mortgage deed as dated on the LIST day Of April
1850 instead of the LIST day Of April 1851, as II
should have been, and was intended by said Lyon
aGd lockwood to be that subsequently, viz, on
the Goth day Of April 1854, the said Lyon executed
a mortgage deed Of said premises to AlonEo Newell
then OF said Charlotte now Of the State OF Caliior-
MIA, conditioned for the payment OF two pIomissoTy
notes dated April 10th 1894, one tor eight hundred
/ dollars and the other for nine hundred dollars, both
signed by said Lyon and payable with interest an
nually TO said Newell or order in one and three
years from date respectively that subsequently,,
viz, On the 10Th day Of May 1856, the said Rock
wood assigned and transferred unto the petitioner,
the note Of six hundred dollars above mentioned
siEurd by SAID Lyon and payable TO SAID lockwood
OF bearer as aforesaid and on tho same day by his,
the said kockwoOd's, deed duly acknowledged aud
recorded granted, assigned and conveyed unto the
petitioner all his, the said Rockwood's, right, title
and Interest in aud to the said premises aud pray
ing that the equity Of redemption Of the said Lyon
and Newell in the premiss s may be t]orcclosed and
it appeaIlng that the said Lyon and Newell both
reside out Of this state, il is ordered that tho said
Lyvu and Newell appear on the first Tuesday Of No
yomber 1856. at term Of the Court Of Chaucery,
then 20 be held at Burlington in said Chittenden
County, and seveTally make answer TO said petition
and 1t is further ordered that the foregoing sub,
stance Of said petition, together with this order, be
published three weeks successfully in the Burling
ton Free Press, a public newspaper published al
Burlington aforesaid, the last of which publication
shall be AT least twenty days previous to the com
meucement Of the aforesaid term Of said Court.
Dated at Burlington Aforesaid, the 23d day o
September 1886.
dlt4wl3 3w is. ADAMS, Clerk.
! WESTON A SHAW, Solicitors for Petitioner,