Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-02-26
IN CITANCERN,
ALMARY $. WALKEn,0
by her Guardian
Elliott Sheriff. ClTTTENDEN COUNTY,

ALMARr $. wALKrn,)
by her Guardian
Elliott Sheriff., CIlTTTENDEN COUNTY
LGnroN W DYER, NOVEMBER Trnn, 1857.
PnlSEAs 5. FISK aud
BENZ. p. CHENEY.
NNIEREAS, Almary = Walker, by her then
w Guardian, Elliott Sheriff., daily entered in
.aid Court at its term Aforesaid, her petition against
leighton W. Dyer, Phineas =. Fisk and Benjamin
J.. Cheney flor the foreclosure Of tho following de-
scribod premises, situated in Burlington, in said
County, to wit The land, with the building there
on on the west side Of Locust street known rs part
of tho Solomon Walker estate, and now bounded as
follows on the east by said Locust street on the
north and west by lands owned by II Y. Ballard
on the south by lands Of Amos C. Spear and
setting forth in substance, that said Dyer on
the Sth Of November, 1858, executed to II. y. and
Orrn J.. Ballard, then Of said Burlington, mort
gage decd Of said premises, conditioned for the
payment Of twelve hundred dollars, specified in
twelve notes, daisa The sh day If Norsnber, 1888
for oEe hundred dollars each payable to The order Of
said Billiards. in two three DO to thirteen years from
date, respectively, all with annual interest after
April lst, 1854, and that two Of said notes, to wit
those duo then and four years from their date, were
wholly due and had not been paid according TO the
tenor thereof And further setting forth that said
mortgage decd and said twelve notes were given by
said Dyer for the consideration Of the original rur
chnse Of the premises described in said mortgage
and further setting forth that said Ballard, on the
9th day of November, 1853, endorsed and delivered
said twelve notes and assigned and transferred said
mortg gage deed Zuriol Walker ne Guardian Of tho
snid Almary; that said Zuriel, who, before and Mt
said time and for long period thereafter was the
legal Guardian Of said Almarv, purchased said notes
and mortgage for his said ward, for hcr benefit and
with her funds, and that they the proper estate
and property Of the said Almary. and further set
ting forth tho removal Of tho said Zurie and the
appointment Of Elliott Sheriff. Guardian Of the
said Amary by the Probate Court the 30th day Of
May 1857 and his receiving said mort gage and said
notes rs part Of the estate of his said ward and
further setting forth that the petitioner, by her
Guardian, the said Sheriff. in order to prevent a
sale Of said premises for taxes, which assessed
against said Dyer and belonged to him to pay, but
which said Dyer having removed from this state
and left unpaid, formed lien said premises, was
compelled on the 18th day Of October 1857. t. pay
to the Collector of Taxes in -ad Burlington the sum
Of six dollars and fourteen cents; and further set
ting forth that after the execution Of ad mortgage
ms aforesaid on the 9th day Of April 1856, the said
Dyer and Charlotte r. Dyer, his wife, mortgagcd
said premises to Phincas :. Fisk and Benjamin =.
Cheney, of Boston, Mass to secure a note therein
described for four hundred dollars whereby said
Fisk and Cheney claim to have an interest in said
premises.
Wherefore the petitioner prays that the equity Of
redemption of the said Dyer, Fisk and Cheney, in
the premises aforesaid may be foreclosed agrecably
to the act to diminish the expenses Of forcclosng
mortgages in Equity.
And whereas, it appears that the said Dyer
Cheney and Fisk all reside out Of this state, and
have not had notice of the tendency of said petition
Therefore it is ordered by said Court, that the
said Dyer, Phincas :, Fisk and Benjamin p. Cheney
be notified to make their personal appearance be-
fore the Court of Chancerv to be held at Burlington
in and for tho County of Chittcudcn aforesaid, on
the last Tuesday of March A. D. 1855. then and
there to make To the said petition of the said
Almary : Walker and abide such order and decree