Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-02-26

STATE OF MONT,
IN CHANCERY.
March Term, A. u. 1858.

BYRON STEVENS,
ABEL gibson,
TnADpErs r. FLETCHER,
JACuB MACK,
y. ;. CLARKE, and
AsAHEL PECK.
~ llEREAS, George IL Bigelow, by his Guar
W dian, Lawrence q. Bigelow, has filed in this
Court his petition, setting forth in substance that
james l. Cutler, on the 9th of October 1885 mort
gagged to Elizabeth Bgclow, late of Burlington Vt,
deceased, and George H. Bigelow aforesaid, the fol-
lowing described parcels of land, in Essex in said
| Chttcnden County, to wit: GAN that part of lot
No. ll2 conveyed by Truman Powell to said Cut
| ler by deed bearing date 23d October, 1885, cx-
cepting two decided by said Cutler to Tim
othy folett, John Bradley and Harry Bradley;
also, all those parts of said lot No NJ, conveyed
to said Cutler by deed from John W. Williams,
dated lth May, 1885, and by deed from Luther
LOOMS, Timothy Follett and George Moore as Trus-
tees of the Estate Of Elcazer H. Deming, dated 10th
February 1887, excepting about four acre. decided
by said Cutler to Elijah g. Stanton, and about thir-
| ty-one acres decided by said Cutler to Nathaniel
Bowker, and excepting also, about acre, decided
by said Cutler to lleman n lIurlbut and also, all
that part Of said lot No. ll2 conveyed to said Cut
Ter by Nathaniel BOwker, by decd bearing date the
10th day Of April 1886, being in the whole about
four hundred and thirty acres, with paper mill,
saw-mill and grist-mill thereon standing, -cOnd-
toned for the payment by the said Cutler, his
heirs or assigns, unto the said Elizabeth and George
H., of certain note dated October 9th, 1888, for
thrty-iour hundred dollars payable to said Eliza
beth and George II. in five years from date, with
interest annually; that said note has not been paid
that the interest of said Elizabeth Bigelow, dcceas-
ed IN sand note and mortgage, was, by the Probate
Court for the District Of Chitenden in the dstr-
button of the estate Of said Elizabeth, assigned to
the said George H., of the children and heirs of
the said Elizabeth that on the 18th day of March,
1882 the said Cutler sold and conveyed to Cassius
Douglass, deceased, n portion of said mortgaged
premises to wit; about one hundred and fifty acres
in said petition particularly described that on the
9Th of May, $50, the said Douglass sold and con =
veyed to William White deceased, a portion Of the
| land sold by Cutler to Douglas. aforesaid viz
about 10 acres, in said petition more particularly
| described; that on tho 10th of August, lsi9 and
after the decease of said White, Eliza White Guar
! dian of George A, Amelia, Frederick p and Eliza
White, minors and heirs of the said W liam White,
deceased, sold and conveyed the said land sold by
Douglass to William White, aforesaid, to Nathan
| j. Dowuer, Of Wiliston, in said County that on
| the 26th day Of April, 1850, and after the decea
| OF said douglass the Administrators Of the said
| Douglass estate, sold and conveyed to William
Wood, Of said Essex all the interest Of the Estate
Of said Douglass in the land bought by Douglass Of
Cutler as aforesaid, except the right of dover OF
| the widow Of said Douglass and the interest ol
| Edna L. Douglass heir Of the said Douglass therein
that on the day and year last aforesaid, tho widow
! OF said Douglass sold and conveyed to said " God
her right Of dover in said land; that on the same
| day and year last above mentioned, the Guardian
VI lut shlu sou anu CoDNeye1 10 sdll W OOu al
the said Edna's interest in said land, that on
tho 18th Of August, A. D. 1882 the said Cutler
sold and conveyed to Orville Sinclair O
portion Of the aforesaid described mortgafed
premises containing ninety-four acres, and more
| particularly described in said petition that
on the 9Th day of June, si5 the said Sinclair sold
and conveyed the land last above described to jacob
Mack; that on the day and year last aforesaid
| the said Mack sold and conveyed said land to Da
vid Greeley, of said Essex; that on the 7th day Of
mi pr tba aud ra,
! ed to Benjamin R. Browncll, of said Essex, n por
tion Of said land, in said petition more particularly
described that the 18th Of June, 1858, the sale
| Browncll and Alkaline Brownell, his wife, mort
gagged to Byron Stevens, of said Essex, the SAINT
land conveyed by said Greeley To said Brownell, a
aforesaid, with condition in said petition specih
cally recited; that on the 9th of March, 1851 thu
said Greeley and Clarssa, his wife, mortgaged t,
Abel ellison, Of said Essex, about twenty-five acre
Of land, being n part of the same land decided t,
said Greeley by said Mack aforesaid, condition
ed as in said petition is specifically set forth; tina
on the 9th of February, ls40, the said Cutler SOLE
and conveyed to said Brownell a portion of tn
mortgaged premises first hereinbeforo described
containing one half and in said petition partc
ularly described; that on the LIST day Of December
ls4s, the said Cutler and Mack mortgaged 4
Thaddcus X. Fletcher, Of said Burlington, portion
of the morgaged premises first herein before describ
together with other land, which said land mort
gagged last aforesaid, is in said petition partcu
larry described, with condition to said mortgag
in said petition also specifically set forth that OF
the 18th day Of August 1855, the said Cutler sold
conveyed and quit-clamed to the said Mack al
his right, title and interest in and to the said
gagged premises first above described; that on III
Sd day of September lsjj the said Mack an
Cutler sold and conveyed to y. 5. Clarke, then O
said Essex, now supposed to be of Chicago in tn
State of Illinois, portion of the murtgaged prem
Uses first herein before described, bounded follow
viz; sOutherly by the north line Of the Vernon
Central Railroad easterly by premises owned b
Cassus Douglass in his lifetime, northerly h til
Town road leading from Henry STATIONS inn u
Onion River, westerly by land now uT recent
owned by David Greeley and Joshua Haynes sepi
rately, and being part of the farm formerly owne
by James l. Cutler aforesaid, supposed to contai
sixty-two acres-more less; that the Sd ia
Of September 1855, the said Clarke nortgaged II
same land conveyed to him by Mack and Cutler,
aforesaid, to Asahe Peck, of said Burlington, col
dtioned as in said petition is specifically set forth
that by virtue Of the above rected deeds sales al
conveyances the said Downer, Wood BrOwnel
Greeley, Stevens, Gibson, Fletcher, Mack, Clarl
and Peck have each an interest in said mortgag,
premises first herein before described and pra yir
that the equity of redemption of the said Downe
Wood, Brownell, Greeley, Stevens, ellison, Fletche
Mack, Clarke and Peck in the premises may
forecosed.
AND WHEREAS, it has been made to uppe
that the said Clarke resides out of this State tn
said petition and the subpoena thereto attach'
cannot be served upon him, it is hereby ordered tn
the said Clarke appear at the next term of the Cou
/, of Chancery in and for the County of Chittend
aforesaid, to be held at Burlington aforesaid Il
{, last Tuesday of March, A. b. 1855 and make a
to said Petition and that this order, togeth
with the foregoing substance of said petition,
published in the Burlington Free Press pub
newspaper published at Burlington aforesaid, thr
weeks SUCCESSFULLY, the last Of which publicatio
shall be at least twenty days previous to the col
mencemcnt of the aforesaid term of said Court.
y Given under my hand at Burlington, aforesai
" this 18th day Of February, A. d, 1855.
> D. FRENCH, Deputy CLARK
a WIRES 4 SHAW, Solicitors for The Pettroner 3w