Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-01-30
I'm ChInCcrV.

PARKMAN I. DAVIS
HORACE WHEELER, State of Vermont.
SETH MORSE, Chittenden County,
JOSEPH HATCH, March Term. 1857
WARREN SHAT
TUCK AND TOLMAN
WHEELER.
Parkman I. Davis, of South Hero, in tb , Conn.
ty of Grand Isle, IN said State of Verne nj Iay.
ing filed in said Court his bill of comr' ain, 80,
ting forth substantially that Horace ',vIaoro,- ~ -,
burlington, in tho County aforesaid On tho ~
day of December, A. b. lsi2, r eing ips,lv in.
deb'ed to the Orator in the sum of one tbon.and
dollars, specified IN n promis .orr no,o ~ H.,
date, payable to the Orator in ono vonr from ,po
date thereof, with interest. and that in orjcr n
secure the paynen thCr eof tho said Uor,ce
NneeIer' on the same W y, by his deed of bargain
"hI SaI1' Oh me same ate, signed with his hand
.ut = Z ui' eoHF ey and confirm un o the 0 q.
tor ms helrS an 4 assigns, the following tracts
or parcels of .an', situated in the town AMI viu,,o
oil burlington . foressid, and described as follows,
70 wiz quarter acre lots, so called, numbered one
buhareu ano one, one hundred and two, one hun
uIou una tr.ree, supposed to be three quarters of
IN ",te o. land, with n dwelling house and other
puilulnys thcreon-being the same premises then
"ScuP'ed by said Wheeler,-with a condition
thervto annexed that if the said Horace Wheeler
should pay said note according to its tenor and
effect, said deed to be mill and void. otborw,,e nr
force.
And further setting forth, that said Horace
wheeler, on the 18th day Of December, 1917.
I'ortgaged the same premises to Seth Morse and
'osePh Hatch, to secure them for having signed,
ana for signing thereafter. certain notes, bills,
drafts ami other securities for the said Wheeler
and that on the 23d day of September, ls4S, one
warren r. %Shattuck, then holding a certain note
against said Wheeler & Morse, for the sum of
Seie'9l, 1t was ~agreod-the said agreement being
duly executed and recorded according to law-be-
tween the said Morse, Wheeler and Shattuck. that
IN case the said note should not be paid said Shat.
tuck, upon his request, should stand in the same
t.idltloh IN respect of the said mortgage from
Wheeler To Morse and Hatch, as the said Morse
would, had he PAID said note, and should have Inc
same right To- enforce the said mortgage against
the said Wheeler that said Morse would in sueb
case have had, and that said Shattuck claims an
interest III tue ssid premises, by virtue Of said
agreement and that on tho llth day Of March.
1890, said Wheeler again mortysged said premis.
es To- sa'd Morse and Hatch to secure them for
signing certain securities for the said Wheeler
ana that on the 18th day Of September, 1850, said
Morse assigned and transferred ell his interest in
sild premises, under said last mentioned mort
gage, 10 one Tolman Wheeler-aud prayinc that
tho equity OF redemption of such persons in said
premises might be forever ioreclosel-whic bill
! ; retarnable to the Court of Chancery newt to be
holden at burlington, within and for said County
OF Nhittcnden,o on the last Tuesday of March, A. d.
90 And 1t appearing that said Joseph Hatch,
warren +. shattuck and Tolman Wheeler, three
oil ne ielcnian's, are without this State. so that
""' w personally served upon them
II Is hereby ordered that said Joseph Hatch, War
ren +. Shattuck and TOlman Wheeler be notified
OF tie tendency of the same, by publishing this
order, containing the substance of said bill, in the
Burlington Weekly FREQ Press, } weeks successive.
ly, the last Of which publications shall be at least
20 days previous to the next tcru of the Court of
thanccry, to be holden at Burlington, within and
for said County Of Chittendcn, at which term the
said Morse, Hatch and Tolman Wheeler are here.
by notified to make their personal appearance,
and answer said hi Of complaint, and abide tho
order of the Court in the premises.
Given under my hand at Burlington in Chitten.
den County, this 10th day of January, A. d. 1851.
d. FRENCH, Deputy Clerk.
UNDERWOOD 4 French, Solicitors for the Ora
tor, w3O 3w