Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-02-11
by order OF Court,
JOHN |. GLEED, Register.

Nv 'NsSN Il phcuo, heg'Stet'
STATE s. OF VERMONT, In chancery-March Term,
DAVID DUDLEY Taas. David ID P Dudley
and HENRY MUTT, in the Office of the Clerk Of this
Court his petition setting forth in substance that on the
3lst day of October A. H. 1852 Mary Rust wife Of Israel
D. Rust then Of Montpelier in said County now of Floyd
in the County of Floyd and State of Iowa. duly executed
to Lorenzo Augustus Fairbanks of California, County of
Sierra and State of California, mortgage deed of certain
land in said Montpelier described foows it being the
whole of piece of land decided to Mrs. Mary Rust in the
fall of 1852 lying between the school house in District
Number One and H. Y. Barnes on the corner of Liberty
Street and L6omis Street, by Alfred Pitkn, being the
same land said A. Pitkn decided to said Mary Rustref
to said deed particular description, da
ted November 49, 1882 Conditsned for the payment of
promissory note by Mary D. Rust for five
hundred dollars dated said 3lst day of October 1883
and payable to said l.. A. Fairbanks order demand
with interest annually. And further setting forth that
said H. A. Fairbanks has assigned and transferred said
mortgage note and deed Henry Mutt of said Montpelier
who now the lawful owner of the same And further
setting forth that on the Sd day Of March, A. D. 1851 the
said Israel D. Rust and Mary executed to the said
Petitioner mortgage deed of the said premises herein be-
fore described conditioned pay the of two hundred
dollars and such demands igh hereafter dur
ing the life force of said mortgage deed not to exceed
six hundred dollars that they should pay note for
said two hundred dollars payable on demand and such
accounts above described then said deed to be
void, otherwise in force And further setting forth that
said sum Of two hundred dollars and the interest thereon
is due aud unpaid and that large amount of demands
have accrued and become due to him from said l. ID.
Mary Rust mentioned in the condition Of said mortgage
deed to the amount in the whole including said two hun
dred dollar note, of six hundred dollars all of which &C
prior to the execution OF the mortgage deed herein
| after mentioned and is now due.
And further setting forth that the 18th day of Sep
TENDER, A. d. 1885, said Mary Rust executed to said Hen
ry Mutt mortgage deed Of the premises mort
gagged to the Petitioner, conditioned for the payment OF
certain sums OF money. And praying that the equity OF
redemption of the said Israel D. Rust and Mary Rust his
wife, and OF said Henry Mutt in the premises may be
foreclosed agreeably to the act diminish the expenses
OF oreclosng mortgages in equity And further praying
thatf 1t shall appear that anything is due on the mort
gage executed to said L. A. Fairbanks which has been
signed to said Mutt petitioner may be at liberty t.
redeem the same
And whereas, tappears that the said Israeli Rust and
Mary Rust reside out of this State That subpoena car
not be served upon em therefore, in pursuance of the
statute in such case made and provided it is hereby or
dered that the said Israel D. and Mary Rust appear before
the Court Of Chancery next to be held at
and for the Court of Washington the ID Tuesday o
March next being the first day of the next stated term o
the Court of Chancery in said County, and make answer
to the said Petition, and abide such order direction ant
decree therein as to said Court shall seem meet
And the Petitioner ia directed ito cause this order to b.
published three weeks successfully in the Green Noun
tain Freeman, newspaper printed at said Montpelier
the last OF which publications to be at least twenty day
previous to the first day Of said term.
Dated at Montpelier In the County Of Washington, thi
25th day of January, A. D. 1858.
LUTHER NEWC0MB, Clerk.
+. f. MERRILL, Solicitor for Petitioner.