Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1859-03-05
CTATE OF VERMONT, WISDuAM, S. s.
- IN Chinctry.
JOHN J. CRANDALL,
ExrER GILBERT, FANNY GILBERT,


DEXTER GILBERT, FANNY GILBERT,
CALVIN TOWNsLEY.
In this the BILL (Which made returuabe 70 the Court
Of Chancery be held at Newfane In the County Of Wind
ham AID Of Vermont the second Tuesday OF April
next, charges that DEXTER GILBERT and FANNY his
wife, Of Tempeton in the County Of Worcester aud state OF
Massachusetts,, prayed out their writ OF attachment dated
then Of said Batcboro but of St Louis in tho State
Missouri returnabe to the term Of the County Court to
be held at NewfAne IN said Wndhan County, on The third
Tuesday u April lS5i declaring in plea account Tor one
third Of ayas certain real estate in Somerset in said
County. owned by said Plaintiffs with said ToWNSLEf
and delivered said the Orator, then Sheriff OF said
County and reurnthat the Orator by virtue Of said
writ the sixth day Of April aforesaid attached thereon
eighty barrels OF -four as the property sad ~" NsLEl-
that the being perishabe AMI the parties making
for the sale thereof the Orator delivered the for
safe keeping CHARLES W TOWNsLEY person then Of
sufficient respons Utility. That the said writ being duly
returned and entered In said Court and continued from term
until the April term Of said Court ls55, when JOHN
T.. BUTLER appointed Commissioner 70 take the &c
Of the parties in the matters set forth In said writ
That on the 18th December 1854 said CALVIN r0WNsLEY
failed in largely debt and by his failure caused
the said CHI RLES W TOWNSLEY fail also. That after
said failure said GILBERT and wife and said TOwNSLEY
agreed upon the time Of said audit before said Commissioner
but said TowNsLEY through fraud, accident mistaAe
vile their Agents Attorneys fraudicnly cunsellel with
said TOWNsLEY To be absent from said audit 70 extract
money Improperly from the orator and the ad CALNl IN
not appearing the said Commissioner proceeded with said
audit Iare AMI said audit they fraudu n,y charged
said CALVIN with half Of the proceeds Of said real
estate VI third they had declared and
cted give said T0WNSLEl credit for his time, services
and disbursements in and about his said agency in thu
management OF tald eeta-Alid -ttIuT
great portion Of the claim Of the said GILBERT and
wife barred by the Of limitations and ought to
have saowe but that ia the absence Of said CALVIN
the said GILBERT and wife procured report aI took udg
against said CALVIN for much larger sum than was
legally and justly from him and took execution therefor
demanded n tho Orator thn said eighty barrels OF -four
and their action for the delivery thereof
hgsins, the Orator which is pending in the Windham
County Court Praying that the said Judgment rendered
upon said report may be decree to be null and void that
the may be reduced to what Is rghtiuy due thereon
and for further relief
And for as much II appears that the said DEXTER
GILBERT and FANNY GILBERT his wife aud CALVIN
TOW NsLEY all reside without hs State that seryceca-
personally made upln them 1t ordered that The de-
PENDANTS be notified appear and said b at the
said Court he held said Nwfne, the second
Tuesday n April newt by publishing the substance of said
bill and this order three weeks successfully in the Vermont
Phoenix last which publications shall be at least twenty
days previous TO Of the Court aforesaid which
shah be deemed ucien, notice the defendants appear
aud answer said bill.
Dated at Newiane, Sept. 20, 1855.
II. TYLER. Clerk.
Keyes and Bradley, Attorneys. 3w-S