Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-01-28
STATE OF VERMONT, In Chancery-March Term,
WASHINGTON COUNTY SIS, 1855
DAVID P. DUDLEY WHEREAS, David P Dudley,

STATE OF VERMONT, In Chancery--March Term,
Us. w Of Midde'se D,' in the County County
and HENRY MUTT, in the Office of the Clerk Of this
Court his petition setting forth in substance that on the
Sst day of October A. D. 1853 Mary Rust wife of Israel
D. Rust then of Montpelier in said County 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 follows it being the
whole of piece of land decided to Mrs. Mary Rust the
fall of 1852, lying between the school house in District
Number One and ii. Y. Barnes the of Liberty
street and LOOMS Street. by Alfred Pkin, being the
erence to said deed for particular description
ted November 49, 1862. Conditioned for the payment of
promssory note executed by Mary & l. D. Rust for five
hundred dollars dated said 31st day of October 1883
and payable to said L. A. Fairbanks order on demand
with interest annually And further setting forth that
said Il. A. Fairbanks has assigned and transferred said
mortgage note and deed to Henry Mutt said Montpelier
who is now the lawful of the same. And further
setting that the Sd day of March, A. D. 1851
said Israel D. Rust and Mary Rust executed to the said
Petitioner mortgage deed of the said premises herein be
fore described conditioned tie pay the of two hundred
dollars and such demands might hereafter dur
ing the life or force of said mortgage deed exceed
six hundred dollars that if they should pay for
said two hundred dollars, payable on demand and such
notes or accounts as above described then said deed to be
void otherwise in force And further setting forth that
said 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. D. 4
Mary Rust as mentioned in the condition of said
deed to the amount in the whole including said two
dred dollar note, of six hundred dollars all of which
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 to said Hen
ny Mutt mortgage deed of the premises so mort
gagged to the Petitioner conditioned for the payment
certain sums of money. And praying that the equity
redemption of the said Israel D. Rust and Mary Rust his
wife, and of said Henry Mutt in the premises may be
forecosed agreeaby to the act diminish the
Of orecosng mortgages in equity And further praying
that it shall appear that anything due on the mort
gage executed to said L. A. Fairbanks which has
signed to said Mutt petitioner may be liberty
redeem the same.
And Whereas appears that the said Israel D. Rust ant
Mary Rust reside out of this State that subpoena car
not be served upon hem therefore, in pursuance of the
statute in such made and provided it hereby
dered that the said Israel D. and Mary Rust appear befor
the Court of Chancery next be held Montpelier within
and for the Court of Washington on the I'd Tuesday
March next being the first day of the stated term
the Court of Chancery in said County, and answer
to the said Petition and abide such order direction
decree therein as to said Court shall meet. -
And the Petitioner directed Ito 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, the
25th day of January, A. D. 1858.
| LUTHER NEwCoMB, Clerk.
| +. f. MERRILL, Solicitor for Petitioner.