Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1861-05-16

I, GORGE L. THAYER &1o. Wntreas, the above
LITTLE. CHAABEaLAIS Co. named com IauAuts
Il ANDERSON, oAEGEST q Co, OF boston III state
IF Massachusetts,
JoxArHAS COLE have led tueIr bIu
GEOkGE If COLI. in chtuCeiy against
r a BARKER, the defendants III the
LARKIA u COLE above entitled cause,
COLE, EETTIAG FUkIH tnat
WILLIAM RCGGLE7, tue Let VI March,
ISCgEAsR NAkRES 1865. the Geo.
AS7OS COLE ii. cole aud Auson
cole, ~ the aLEe Of
t,rorge H. Cole & Go. ana the SAID Au-ou Ole we're
indebted the Orators IAayer & co, ior JoIs sold
and deH cred aud were also indebted 10 JHt Orators
LlLtr, Chamberlain & Co and 70 the Orators Au-
dersou, Sargent & Co Tor Ike goods and lneTchau-
die sold aud delivered, LuaL ABOUT tue time,
the said George ii cole K co. pretended ~ become
and were bankrupt ana insOyent, anu caused wrIts
81 attachment 10 b. brought against tuen7 IL Ia
yor OF Henry y. IeIkIus, Chester Boo. Company,
William kukglez, Alma Cole r. "A barker, LarkIn
&. Cole. } ~ n. Landon, Jonathan Cole, add john
" Lramton-aII OF wh CHI Wits were brought ~
( the direction OF said george II. Cole wIthOuG the
knowledge OF said Creditors, whicH rald writ were
served BY the sheriff vi SAID county upon lhe partner
ship property OF the sad Co.e CO. vi great value
to wIt: S3yyg.
That after the making OF said attachments, to wit
4t tDEuaTy, Is :, the saId beUIge ii Cole con-
te-sed jud glel on saId suits before Justice OF the
Peace. in laEUr OF said creditors tor tie sum VI
S-l5 a. thai on tAe atm OF February, lo,9, eAe1u-
tous we're prayed oIt bv the cietors aforesaid on
juds ment. aOre aid, TrtuTuaOIs III sixty days,
placed Ia the hands OF Tie sheIId Aforesaid, and
BY the sad sherIh levied upon tie partnership prop
! on tue 2Jtn of February, ISIS sold Tor tue sum OF
/ $50 and applied IN satsiaouOu o. the IndI' IduaI
3
sad property sufficient to satisfy the Gains
/ OF the creditors OF the said Cole * 60.
And tue Orators further sLew that afterwards ON the
9Th OF Jau ISIS, they commenced suli a2A- ne sald
Geo. Ii Cole 81 [ 0. and AuzOu { ole, rtturnabie at
| the March Term vi tae County c urt. a. u. l959,
which we're du1y served o5 the 5nefH VINO aNl@ LIed
all real estate ia the town OF Rutland ana all the
interest OF the aid George IL ana AusUu IN the hight
redemption the saine- with the goods and meT-
chan4Ise aforesaid that SAID suits were duly entered
in the County Court. aid at the SEPTEMBER term
thereof Il. D., laj. Judgments were rendered ia Ia
IN l. * -
* Co isr OF eb74 81 damage and cost. aud
also recovered against the saId Au-Ou Cole Sl45 81
DAMAGE aud costs aud III IaFor OF Abiersou, car'
gent Co, against tie rad cole q Co. Tor the sun
Of $50 - DAMAGE aud costs aud that at lie March
7 term thereof the laid Little. Chamberlain x Go. re-
covered u0 gment aiust the aid Cole q Go Tor tie
sua OF >54- s. damages and cO-ts.
That ate wards, On the 9th OF January 1850, the
Orators TOOK out their several executions and tie
said George l.. Iuay & 60. caused their said eAecu
ton 10 be ieYled upon the tqay Of ming IzJJi-
%J3 olth5 Of the s'Id Anon Cole Ii5hi u redeem
tWo-thlTI- OF the rea estate known a iEkns Block
in said Rutland, aud bo4nued on the north BY West
Street. EAST b, McrcAauts ito", soltu BY premises
OF Caleb Brttum. IL full satisfaction OF aGld tNeeu
tod ana they ia Wed their execution agaIEst the
saiu Arson Cole upon l11-I-2QUJIth, OF ali An
son night IN equity 10 redeem t"o-!AFus Oh Inc ZANE
AID tnat tile said Little, Chamberlain * Co. caus-
ed their execution 10 levied upon 5Iths
the sald Au,Ou Coles right III equity to r. eem
two-thIrds OF the Aforesaid PREMISE descTIOed as
CAUSED their execution to be levied upon 5i2so-
28jjl ha 81 the saii Arson Coles right 10 redeem as
Hftlf
I lions q: ii within lie life OF the same.
Ihat before the con ractHE Of the above debts to
the OratOGs- the -aiI ALs9n purou'7s" "7
OF The aforesaid prem-es, and received therefor a
deed from ii. .. Perkins. CONDITIONED thai he pay
I note OF one thousand dollars described ia q -rt-
gage TO Ca'pheIll BJrGer, which, Ut time Of the
levy OF SAID executions, constituted Je.al iucuuI-
bfance Oh ai1 PREMISE ttat ards, the 18Th
OF y November, 1853, the said Arson anu Georg. ii
/ became bankrupt, and CIat & days before SAID
failure ,!e sand Arson aud one Jonathan Cole, in
tending TO deiraui the Orators aud other creditors
and prevent their collecting the shove debts, dld
mortgage the premises azores id to secure pre-
tended notes-One tor $3.50, and Tor S5O0-whieh
notes II any eN i- fraudulent to the Orators
That afterwards, the 25th Of Dec, 1853 the said
/ Arson furnished the mOuey aud caused TO be paid
ana satisfied said note TO Calphenia Barker, but to
detraud the Orators the said mortgage was assigned
to one IucTea-e Warren WestIn oTeand aforesaid,
! which SAID mortgage Is fraudulent.
ANA PHA WING, that thu defendants be decreed TO
release ana dI>chage said mortgage OF the said An
! son to tile sad Jonathan ana held 10y the sad War
rem that said defendants be joined from claiming
any igdt or interest to said premises by said mott
gage, ana tia they render an account OF the partner
ship assets OF the said Cole Il Co which dis
that they may be applied in payment OF tie debts OF
| the firm OF Cole Co in such proportion as they
NAV be entitled to.
| The said Jonathan Cole, f. A Barker, Larkn O.
co e, Alma Cole, William Rugges, Iucrea,e Warren
ana Anson Cole residing without this State so that
they cannot be notified by subpoena; IT IS ORDERED
ond Tuesday OF september, a. D. 1861, and make an
wer 20 said complaint and toT this pUrpose that the
orators cause the stance OF said bill with this or
DER to 6e published three weeks successfully i'll the
Rutland Daily and Weekly Herald, the last of which
TO De at least twenty days before term of court
winch shall he deemed sufficient notice
Dated at Rutland this 8th day OF Nav A d. 1851
dlw2wma; 10 f. w HOPKINS CLERK
A FIFER AND DRUMMER wanted Immediately
I at the Recruiting Station at Castleton must be
men OF good habits.