Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-02-04
STATE OF vERM0NT,( In Chancery-March Term
WASHINGTON County, IS, 1858.

WASHINGTON COUNTY, SIS, 1858.
DAVID T: DUDLEY WHEREAS, David P. Dudley,
&MRY RUST wsshngon aor Il, d' has e9dn eS
and HENRY MUTT, in the office of the Clerk of this
Court his petition setting forth in substance that on the
3ls 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 State OF Iowa duly executed
to Lorenzo Augustus Fairbanks Of California County
Sierra and State of California; mortgage deed Of certain
land in said Montpelier described foows it being the
whole of piece of land decided Mrs Mary Rust in the
fall of 1852 lying between the school house in District
Number One and H. Y. Barnes the Of Liberty
Street and Loomis Street, by Alfred Ptkin being the
same land said A. Pitkin decided to said Mary Rus-ref
said deed for more particular Dissertation
ted November 49, 1852. Conditioned for the payment of
promissory note executed by Mary l. d. Rust for five
hundred dollars dated said 3lst day of October 1885,
and payable to said L. A. Fairbanks or order on demand
with interest annually And further setting forth that
said l.. A. Fairbanks has assigned and transferred said
mortgage note and deed Henry Mutt of said Montpelier
who is the lawful of the same. And further
setting forth that the Sd day of March, A. D. 1854 the
said Israel D. Rust and Mary Rust executed to the said
Petitioner mortgage deed of the said premises herein
fore described conditioned pay the of hundred
dollars and such demands might hereafter accrue dur
ing the life force of said mortgage deed not to
six hundred dollars that if they should pay note for
said two hundred dollars, payable demand and such
notes accounts above described then said deed
void otherwise in force And further setting forth that
said of two hundred dollars and the interest thereon
due aud unpaid and that large amount of demands
have accrued and become due to him from said l. ID. l.
Mary Rust mentioned in the condition of said mortga
10 amount IN WnOle including SAID two
bred dollar note of six hundred dollars all of which &C
crued 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 said Hen
ry Mutt mortgage deed Of the premises so mort
gagged to the Petitioner conditioned for the payment
certain 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
oreclosed agreeaby to the act diminish the expenses
of oreclosng mortgages in equity And further praying
that it shall appear that anything is due the mort
gage executed said L. A. Fairbanks which has been
signed to said Mutt petitioner may be at liberty to
redeem the same.
And Whereas appears that the said Israel D. Rust and
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 1t is hereby or
dered that the said Israel D. and Mary Rust appear
the Court of Chancey next to be held at Montpelier within
and for the Court of Washington the ID Tuesday Of
March next, being the first day of the next stated term
the Court of Chancery in said County, and make answer
to the said Petition and abide such order direction ano
decree therein as to said Court shall seem meet.
And the Petitioner directed ITO this order
published three weeks successfully in the Green Noun
tain Freeman, newspaper printed at said Montpelier
the last Of which publications to be twenty days
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 NEW COMB, Clerk.
| F. +. MERRILL, Solicitor for Petitioner