Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1859-02-26
CTATE OF VERMONT, WISDuAM, S. S.
~ IN Chgnctry.
JOHN ]. CRANDALL,
DEXTER GILBERT, FANNY GILBERT,

CALVIN TOWNSLEY.
In this the BILL (which made rcuirnabie the
Of Chancery be held Newfane the County Wind
ham and Of Vermont the secnrd Tuesday April
ncxU charges that DEXTER GILBERT and FANNY his
WIFI u Tcmcton in the County Of Worcester and State Of
Massachusetts,, prayed their writ " attachment dated
thu .Ath day VI April 1s5i against CALVIN TOWNsLEY
then of said Bracbnro, but Il ST. Louis in the State
of Missouri, rcurnalc to the term Of the Couuy Court
BE- held at Ncwne in said Wnlham County, the third
Tuesday II April 1854 declaring in Plea Of for
third Of the aya Of certain real esta in in said
County, owned by said Plaintiffs with said TOwNSLEY,
AMI delivered said writ the orator sheriff said
County and rcurnthat the Orator by virtue u said
writ on the sixth day of April aforesaid attached thereon
eighty barrels of flour the property " said Tow NSlEY-
that the same being pcrsh,ht and the parties making
move for the sale thereof thu Orator delivered the for
SAT- keeping CHARLES W. TOWNSLEY person then Of
sufficient responsibility That the said writ being duly
returned aud entered In said Court continued from torn
to until the April term Of said Court lsb5, when JOHN
H. III ILth was appointed Commissi' r To take the ac
Of the parties In the matters forth IN aid writ
wa Wv -'n W. -, -" iVh NSbi'l
th- said CHARLES " TOWNSl tN % i also. Tint aft,r
said failure said GILBERT aud wife aud said roWNSLtY
agreed upon The TIM OF said audit before said Commits oncr
but the said TOWNSLEY Through fraud accident mistake
neglected to attend said audit That the said GILBERT and
wife, their Agents or Attorneys aululeniy cunsecd with
the said T)WNsLEY to be absent from said audit
money improperly from the Orator, and the said CALVIN
appearing, the said Commissioner preceded with said
audit parte and said audit evrnuducntly charged
the said CALVIN with half Of the proceeds Of said real
estate instead Of one third as they had declared and neg
ccted give said TOWNsLEY credit fr his time services
and disbursements in and about his said agency in the
mana cement Of tad real esate-a further setting forth
that great portion Of the claim Of the sail GILBERT aud
wife barred by the statute Of limitations and ought
have been dsaowed but that in the absence Of said CALVIN
the said GILBERT and wife procured report and took judy
nent against said CALVIN for much larger than
legally and justly due from him and took execution therefor
aud demanded Of the Orator the said eighty barrels Of -four
and have commenced their action for the delivery thereof
inst the Orator which is pending in the Mindham
County Cour Praying, that the said Judgment rendered
upon said report may be decced to be null and void that
the may be reduced to what is rshuly due thereon
aud for further relief.
And for much as 1t appears that the sail DEXTER
GILBERT and FANNY GILBERT his wife and CALVIN
T0WNSLEY all reside without ih State service can
not be personally made up them, 1t is ordered that ne de-
cndants he notified to appear and answer said bill the
Of sail Court he held at said Newfanc the second
Tuesday Of April next by publishing the substance said
bill and this order three weeks successfully the Vermont
Phoenix the last OF which publications shall least twenty
days previous to the session Of the Court aforesaid which
shall I've deemed sufficient notice to the defendants to appear
and answer said bill
Dated at Newfano, Sept 20, 1858,
X. TYLER, Clerk.
Reyes and Bradley, Attorneys. 3w-S