Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1863-07-24
NOTICE.
CHiTTENDEN COUNTY
EnUTrrr

a. u.
4 WHEREAS, at the above mentioned term Of said
i W Court, John A. Conant Of Brandon in the
!. county a. Rutland, by f. J. Phelps, his Solicitor
ana h'e' IN aid Court his certain Bill in ChaRcery
! a-Ainst Jauics IA Williams and - Bemis, Admin
i,trator' Or Executors Of William Henry, late Of
b Bellows Falls IN the County Of Winlham John
+ Arms Of said Bellows Falls, Daniel Lawrence Of
!ieliprd Ia the state Of Massachusetts,, and David
, u Sinailey If Burlington, in the County Of Chit
tenden. setting forth, That on the 10Th day Of De
eenuer, lsj- the Rutland Burlington Railroad
Company. by their decd Of that date duly executed
I'D duly and legally convey unto the Orator the
following described lands, lots and real estate stu
ave IN said burlington, namely fifty acres Of the
which was conveyed bT John y. POmeroy 20 said
Railroad Company on the twenty second day Of
June, lsN-reference being lid 10 Said Ponce /
roy's deed record in the Town Clerks Slice I
IN said Burlington, in book ~ pages l3q and 10 for
further description Also all the real estate, lot,
and appurtenances wharfs and buildings situate in
burlington aforesaid, and described in three deeds
executed by Timothy Follett to said Rutland &
l burlington Railroad Company, two dated the 10th
DAY OF January, aj2, and the other dated the 10th
gay Of January 1853, and al recorded in the Town
Clerks office In the town Of Burlington Also the
zeal es.gte in said Burlington situate between the
s'uth line Of South street, ip said Burlington and
the wharf LANDS, and property conveyed to said COIN
pany by Foet aforesaid aud be ing Inc lands con-
Veyed q said Company by Moses L. Hart John Brad
ley and Morillo NOyes.-meaning 10 convey il said
deed 70 the Orator all the lands and real estate
tween SAID south line Of South street and the Folet
wharf property aforesaid. including that acquired
i "uc y. q anu meaning u include also all the
ands ana real estate IN said Burlington belonging
to said Company not incluaed in two mortgages
previously made by said Company to secure notes :
or bonds issued by said company with a condition
T. sud deed therein set forth, that, whereas tie
said Orator hrd become liable personally for the
sild railroad Company at thcir request by endprs-
Ing their obligations otherwise aud IN rfisirgand
paying money for said Company, and where .
the said Company were indebted 10 the Orator !
upon his advances, claims and demands against
said Company, now if said company shall fully in
demniiy and harmless the Orator from all LA
bihtles he was under for them and from all costs,
trouble, damages, suits, and PAY ments and should
pay 10 the Orator all sums Of money due him from
SAID Company, then said deed 10 he void otherwise
81 force. And in consideration Of said deed the said
Orator did waive and ronquish certain attachments
upon the real and personal property of SAID company
which e heretofore had That the Orator liabs
fer said company their endOrScr to large amount O
at the time Of the execution Of ad deed and that
-icuh lany were also largely indebted to him other
wise and that they wholly failed 10 pay him his p
sald dett, or Indemnify cr save him harmless a. 5
Their cndorser, Whereby the Orator compelled j.
by suit TO pay 20 suniry persons large amounts as
endorscr OF said Company, for each Of which judy b
ments recovered AGAINST him! Z. meIV t. II
Charles F. Dana Of Boston On a judgement Of Tho I,
supreme Court for Rutland County rendered at the u
February Term, ISIS $500 o. and 10 mid Dana p
Tor another Judgment II said Court the same term vi
: $50 IT, and an amount allowed 10 the Orator in
offset IN aid last mentioned suit Of 81 80 - il he 70
uS iof previous advances and payments Of his owns CO
and also % said Dana in settlement Of another suit
nst The orator a guarantur for said company, tr
~, any tHe talance Of a judgment recovered
isainst the Orator surety for said Company bv
The Farmers Bank Of orwell, 1924 n.
mat, az the time % the execution o. aid deed
ne orator was also surety for said Con- ny in va
Tlois tther sums which he was compelled to paw
nj Tor which he subsequently, recovered Judgments Di
igailst them as follows At the March Term, ISL TIN
q Rutland County Court, one Judgment for
W -, aud another Judgment for Il ,0-j o. and ter
% the March Term Of said Court $50 q Judgment
or = n7Z g. and CLIO largely indebted to him
20 ac-"unt. for which, az the March Term s5, he Au
covered Judgment against them, for sI0U-l =. ito
Ana that said Company further Indebted 10 sal
e orator IN the sum ui suIu, upon their note for be
lat sum dated Oct st, l-il and endorsed before pu
pc execution Of said decd and afterwards paid by vic
DE Outor' and in the further sum Of ,l upon Pr,
lfir lfait u Aug D. i'5, similarly endorsed and
AID il the Orator. the
That part Of said Indebtedness having. been a.
did Z" YOUR Orator, hc brought his Bill in Chan sal
Fry, returnaDle 70 the April Term, lS62 Of Chit
'nden County Court g. obtain decree Of freclo Isl
are upon said mortgage, that az the September
'rn l-. Of said Court such decree Of foreclosure
as rendered, against said Company for the sum
$500 &C., and Tor the foreclosure Of all equity Of
dcmption of said Company in said mort.a.-ed
-cmi-e- except the said lands ACQUIRED ~ aid
= e, unless said sum with interest aud costs wa. -
tt Co the Orator within wear from date Of said
.crcc from which said decree .lf Corru,n,- dni,.
ipealci O. the supreme Court and upon such ar- nav
l such proceedings were had that az the January Iia
'rIn, l-6s o. said Court fr the County u Chit bur
nden, said decree wa, upon hearing, affirmed hy ts'
t Court with additional costs and rcmanded 10 Try
c Court % Chaucery 10 Dee carried into effect and He
part Of said decree has been paid by said Com
That after the execution Of said mortgage to wit.
the ith day of February, l-'i, one William Hem
D. then % Bellows Fails, IN the County n Wind
M. brought suit against said Company, returna-
81 % the then next Term Of Windham County Al
urt, demanding in damages Of sj,esl. and at furn
,hc thereon all the lands and real estate i'm said able
arlington as belonging 70 said Company. and az Pl
'aurd- az the Circuit Term Of the SuDrene uurc
urt holden at Woodstock in September
b, recovered final Judgment against said Com b
ny in said suit for the sum u s5,79s 3. damages
q costs and afterwards the gth DAY Of Fehru- m
T.. SCI, took out execution said Judgment for tIh
d sums and caused toe same o. be levied upon "h
tain lands being parcel 90 the lands included ia
said mortgage 90 the Orator and in said levy
ly dc.crihcd. Aud said Henry caused said lew
De duly Completed and Zee reed and the sam.
y remain, un'atisnta ana DO o." way discharged
hat said Henry Is since detI ant that James r
.iln- 81 Bellows Falls, ami - B.mI- II B,,-
d, ha-s'li 'iusett-- have "ten dui! appointed tN-
tors "r administrators 81 Dis estate nud bay.
ted said appointment
hat after the date Of said mortgage, TO wit. on
9Th DAY of May, l-'i. one John Arms II said
lows Fails, brought suit against said Company,
IIuahle 10 the then next Term 81 Rin'ibam q
inty Court. and attached thereon all the land, .
real estate IN said Burlington a. belonging To
Crnpauy and afterwards al the SerisI6ber
n. ISIS of said Count recovered dgnent there /
satnst said Company g .,-fl ~ damages aud ed
Is. and on the 9Th DAY ~ July, ls56, having sur,
be- 90 BE levied on certain piece oT land In Iii ageI
tu-t0u, parcel oi the land included in the COM and
naut- said ingftea-c aud in said levy full, des- emil
l1 si' rl,.i , 'es5 To .g duly by
us uus satisfied and saii Ann. claims o. hold Ora
ef thc same IA priority e. the Orator. and has Ora
o. -ht fiu IN thauc'ry against the Orator in a..
ton thereto which j. stiil pending SIa
hat after the execution his siid iaurt-a.e TO IRA
on the 10Th day uf August. l~si one Daniel Graz
rcucc q Mcdiord In the STATE OF Mas s-husstts Graz
u-ht suit -ainst said COMPANY rCturnahle t. c.,
then next Term OF Miuchlmi County Court and oEa'
chei thereon all tine real estate IN said town Of Graf
liust,u, a. the property ct said Company And Graf
wares az the SEPTEMBER Term, l>'i, Of said Graz
nj ,ii ,'"n,,,n, ~, ',' ~ 'il sait Graz
aud cstsand took cut execution thereon In due Grac
d Of law And afterwards. ON IN, 81 day Of be- Graz
n,r. l',5, sad property having been in the Grac
.utifre iucumhticd ~ previous attachment, Gr.r
. on, plurles writ 81 execution upon sad c..
-ucut Tor said sum and caused the To- he olAC
levied on four pieces II land in said Burling- Grac
all parcel Of the Land included in said mort AID
e and IN said levy described. And said Law ~Ai.N
,e caused said lew L. he duly completed ana ~ natu
ted and the same still remains unsatisfed. Gates
bat after the execution Of his said mortgage and skin
the 18th day Of January. 1856, George F. ~,
iunis Of Burlington, brought suit against said uae
ipany rctuahe to the then next Term Of Chit getic
len County Court and attached thereon all the ease,
estate In sad town Of Burlington as the prop go
uf said Company. And the March Term c.,
3 Of said Court recovered judgment in said suit cav
INST against said Company for the sum Of II
- 30 damages and costs And on the 10th day ties
MY, 80 tooA out an aas execution on SAID heals
= levied mon .ertain Nee aS land in saiJ Ever
lngtou parcel Of the lands embraced in the Or child
= said mort gage and in said levy fully described. accd
l Eiunq caused iAl9 levy 70 De d1Iy com. suffe
Of April. Is5-. by hs deed Of that date con- trial
ed unto Iayid \. Snalley OF said Burlington,
said land embraced within the said levy in favor
I'D Eimunds and all the said Edmunds's right and e
rest therein, the time allowed by law for the re-
pton by said Company Of said land having pre-
lsly expired.
hat the amount Of the Orators said decree
inst aid Company is the true and Just amount Gre
~ =, ~ -. Ie-tilN CON Buteu the p
nv, 49,, J ss ~ uay ~ lst-' an1 that duly
estate Of the Orator in said mort gagged premises
long since become absolute.
nu Piayli Sat me SAN william Benlsi Arms CIR
1e aI NJ olle. my pe ueeIeed 70 pay TO able
~ T.; 5fit ,bs ~, - e nm M a. AZ Slofesaiu APP
aid mortgagcd premises may be decreed to be-
e absolute.
nd whereas it has been made to appear 70 said
II, that certain Of the parties defendant herein
de without this State, and have had no
Il and sufficient service upon them Of the Bill
Fin, it is by said Court ordered that the sub
Ice Of said Bill he published in the Burlington
~ PRESS, newspaper published at Burlington
esaid, three weeks successfully, the last Of said
locations TO be twenty days previous 70 the Term
aid Court, TO he begun and holden in aud for
County Of Chittenden, at Burlington on the
nth Tuesday in September, 1868.