Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1862-02-07
IN Oh A N c c R Y.


CT AGE d H u u vi - " n.
. ORLEANS COUNTY, IS.
WILLIAM VERBACK, J IN CHANCERY
VS. Orleans Go. court,
BENJAMIN CLARK & Jane Term, 1861.
HENRY DERBY.
William Verback of Derby, in the county of
Orleans and State of Vermont, having preferred
10 this court his petition in chancery, setting
forth that Benjamin Clarke Of Charleston in
said county, on the 25th day of May, A. d. one
Thousand eight hundred and hfty-nno, duly eX-
ecuted to your petitioner mortgage uced OF
certain land with the appurtenances lylng ana
being in Charleston aforesaid, being the whole
of the saw mill and mill privilege, mill, house
and land, and one undivided halt of a clapboard
machine situated at Plunket, so called, in SAID
Charleston, meaning hereby TO convey all ana
the same land and premises decided to the said
Clark by Norman w. Bingham and Ienas I.
Cole, April 20, 1859, by two deeds, each deedlne
one equal undivided half of said premises com
ditioned for the payment of two certain prom
iSsory notes executed by said Clark to your Pc
/ ttioner, and payable TO your petitioner or Dear
err and dated the 18th day of April, 1907, one
! for the sum of two hundred dollars, payable the
/ llth day of April, 1860, and one for the sum OF
nnety-tour dollars and five cents, and payable
the 18th day of April, 1861, which are now Just
! " due and owing, and have not been paid ac-
cording to the effect of the same,
And your petitioner further AYERS that the said
Benjamin Clarke, on the Goth day of April, A
! ID, 1909, duly executed 10 one IoIltl llllihlA VI
said Charleston, Il mortgage deed OF the above
! described premises, conditioned for the payment
of four prOmissory notes dated the llth day o.
! April, A. D. 1859, and payable 10 Porter Hnmar
or bearer with interest annually, one for three
hundred dollars, payable on or before the frs
day of June then next following, one for tw.
hundred dollars payable on or before the IN
day OF April, A. d. 1860 one for two hundred
dollars payable in two years from date, and on
for one hundred and forty dollars payable u
three years from date, which last two notes ar
justly due and owing, and have not been pai'
according to the effect of the same.
i And your petitioner further AYERS that on tn
llth day of November, A. d. 1889 the said Por
ter Human assigned and transferred SAID las
mortgage and mortgage notes to your pctitione
for valuable consideration.
And v0ur petitioner further AYERS that the sal,
BENJAMIN Clark, on the 10Th day of September
A. d. 1859, mortgaged the above described pre-
misses to Henry Derby, of Concord, in the count.
. Of Middlescx and state of Massachusetts.
Wherefore the petitioner prays that the eqult.
Of redemption of the said Benjamin Clark ant
Henry Derby in the premises may be torecose
agrcCaby to the act 10 diminish the expenses Q
foreclOsng mortgages in equity.
And it appearing that the said Henry Derby
gone without the state, so that the usual process
of subpoena cannot he served upon him, accord
ing to law, and that he has not had legal motto
of the tendency of this suit
1t is therefore ordered that the substance {
this petition, together with this order, be pull
lshed three weeks successfully in the Or1eal
: independent Standard, newspaper printed
r Irasburgh, i'm said Orleans county, the last {
y which publications to be at least twenty day
previous to the next stated term of this cour
which publication shall be deemed a suticieI
notice to the said Henry Derby to appear an
make answer to said petition.
BY order of Court.
] |. y. CUSIIMAN CLERK.
= EDWARDS & STEWART. SoAcitoys-jw3