Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1863-07-17
NOTICE.
JOHy A. CoSANr. / CIIITTENDEN COUNTY
COURT.
Adm'rs Of WV. HENRY In CHAScERY,

n
istrators or Executors Of William Henry, late Of
Bellows Falls in the County Of Windham, John
+ Arms of said Bellows Falls, Daniel Lawrence u
Medford in the State Of Massachusetts, and David
\. Smalley Of Burlington, in the County Of Chit
tenden, setting forth, That, the 10th day Of De-
cember, 1873, the Rutland 4 Burlington Railroad
Company. by their deed Of that date duly executed
DID duly and legally convey unto the Orator the
following described lands lots and real estate stu
ate in said Burlington, namely fifty acres Of the
south end Of n lot of land containing seventy acres
which was conveyed by John n. Pomeroy to said
Railroad Company on the twenty-secOnd day Of
June, lSl1-referenee being had 10 said POms-
rOy's deed record in the Town Clerk Office
in said Burlington in book - pages l3s and no for
further description. Also all the real estate lot,
and appurtenances, wharf- and buildings situate in
burlington aforesaid, and described in three deeds
executed by Timothy Follett to said Rutland
burlington Railroad Company, two dated the 10th
day Of January, ISL and the other dated the 10th
day Of January I-5l and all recorded In the Town
Clerks office in the town Of Burlington. Also. the
real estate in said Burlington situate between the
south line Of South street, in said Burlington. and
the wharf lands and property Conveyed TO said COM
pany by Follett aforesaid and being the lands
yeyed 10 said Company by Moses L. Hart, John Brad
ley and Morllo NOy cs.-meanng To convey in said
deed to the Orator all the lands and real estate be
tween said south line Of south and the Foett
wharf property aforesaid, including that acquired
from one AVE. ana meaning TO include also all the
lands and real estate in said Burlington belonging
10 said Company not included in two mortgages
previously made by said Company To secure notes
or bonds Issued by said company, with condition
e. said decd therein set forth, that, whereas the
said Orator had become liable personally for the
said Railroad Company at their request, by endoTs-
ing their obligations otherwise and in raising and
paving money for said Company, and where
as the said Company we're indebted 10 the Orator .
upon his advances, claims and demands against 2
said Company, now if said company shall fully in 4
demnify and save harmless the Orator from all La
hilites he was under for them and from all costs,
trouble, damages, suits, and payments and should 4
pay 70 the orator All sum, ol money due MN from ]
sad Company, then said deed 20 be void, otherwise
of force And in consideration Of said deed the said
Orator did waive and rclinquish certain attachments
upon the real and personal property Of sand company
which he heretofore had That the Orator lab
for said company their endorser 10 large amount
AZ the time Of the execution Of said deed and that
,dcompany were also largely indebted to him other
wise. and that they wholly failed To pay him his +
said debt, OF indemnify or ave him harmless a
their endorser, whereby the Orator was compelled
by suit 60 pay 10 sundry persons large amounts as
cndorser Of said Company, for each Of which judg-
ments were recovered against him; namely, 10
Charles +. Dana Of Boston, on a judgment Of the
supreme Court for Rutland County, renderedat the
February Term, ISIS, sl,9p u9, and 70 said Dana
Tor another judgment Of said Court at the same term
81 81 n, and amount allowed 10 the Orator in
Offset in said last mentioned suit Of 81 so - il be-
iu-e for preyIur. advances and payments Of his own
and also to said Dana in settlement Of another suit
against the Orator as -uarant0r for said company,
$50. and the balance Of a Judgment recovered
against the Orator surety for said Company, by
the Farmers Bank Of orwell sol n.
That, al the time Of the execution Of said deed
the Orator wa also surety for said Company in a
rious other sums which he compelled TO pay
nd for which he subsequently, reeov"r'' judgments
against them a. follows At the Mach fern, ISIS,
of Rutland County Court, one judgment for
SLIP. -, aud another Judgment for sI.1sj q, and
40 the March Term uf aid Court, $50, a Judgment
Tor sl,uZ 49, and were also largely indebted 10 him
account. for which, at the March Term, l-s-. he
recovered Judgment against them, for sl0,t~l ..
And that said Company were further indebted 70
the Orator in the sum Of lUlu upon their note for
that sum dated Oct l-f 1919, and endorsed before
tho execution Of said deed and afterwards paid by
the Orator and in the further Of - Loo, upon
their drait II Aug. q, SO, similarly endorsed and
paid by the Orator.
paid % YOUR orator. he brought his Bill in Chan
Gerry, returuahle Co. the April Term, i-53 II Chit
tenden County Court to obtain decree II iureclO-
sure upon said mortgage, that at the September
Torn. l- OF said Court such decree Of foreclosure
rendered, against said Company for the sum
~ 50, -, and for the foreclosure % all equity Of
redemption 81 said Company in said mortgugcd
premises except thc said lands acquired Of said
I'VE. unless said sum with interest and costs
paid 90 the Orator within year from date Of said
decree. from which -aid decree said Company duly
appealed o. the supreme Court and upon such at-
peal such proceein-- were had that al the January
Term, l>63. 81 said Court for the County q Chit
tendeu, said decree was, upon hearing, affirmed by
said Court with additional costs, and rcmandcd 10
the Court Of Chancery 10 he carried into effect and
no part Of said decree has been paid by said Com
That after the execution Of said mortgage, e. wit.
on the 9Th day of February, 81 one William Hen
~. then Of Bellows Fails, in the County u Wind
ham, brought suit against said Company, returna-
bic 90 the then next Term II Nindham County .
Court. demanding in damage, Of 5000, and at
tachei thereon all the lands and real estate in aid
Burlington as belonging to said Company, and af-
forwards 40 the Circuit Term Of the supreme Z
Court holden at woodstock IN September,
I-75, recovered final judgment against said Com
lany in said suit for the sum Of >l,J4s 81 damages
aud costs and afterwards on the 9Th day Of Fehru- Z
airy, l-7G took out execution on said Judgment for
said sums and caused the -aIne &" De levied upon
certain lands being parcel of the lands included in
tine said mortgage tu the Orator and in said levy
fully described. And said Henry caused said levy
Co be duly completed and recorded and the same
still remains unsatisied and in way discharged
That said Henry is since dead, and that James h
William, II Bellows Fails and -- Bemis II Bos-
ton. Massachusetts. have been duly appointed eN-
ccutors " administrators Of his estate and have
onto IL mid ann Ufrff rnrff
That amer the date If said mortgage, o. wit. on
the 9th day Of May, l-Si. one John Arms Of said /
returuaho To- the then next Term II Wndham /
County Court and attached thereon all the lands
and real estate IN said burlington a. belonging to
said Company, anu afterwards, at the september
Term. ISIS of said Court recovered Judgment there
ia against said Company for $3.50 - damages and
C i-t- and on the ~th day " July, l,56. having
taken out execution on -aid Judgment. caused the
same be levied certain piece n land in said
Burlington parcel II the land included in the COM
plainaut said mortgage and in said levy fully des
cribcd. And said Arms caused said levy 10 he duly
completed and recorded and the same still re
mains uusatisded and said Arms claims to hold
under the same iu priority % the Orator, and has
brought a Bill in Chancery against the Orator in
relation thereto which is still pending.
That after the execution Of his said mortgage 10
wit the 10th day Of August, lS5i, one Daniel
Lawrence Of Medlord in the State Of Massachusetts,
brought suit against said Company returnahe o.
the then next Term Of Nindham County Court and
attached thereon all the real estate in said town u
Burlington. A. the property Of said Company. And
afterwards at the September Term, l-j4, Of said
Court said Lawrence recovered iud gnent in said sui
AGAINST said COMPANY for the sum of s13 -3S : dam
yes and aud took out execution thereon in due
form Of law. And afterwards, ON the ID day Of De
cembcr. l--S said property having been in the
took out q pluros writ Of execution upon said
Judgment for said and caused the same 10 he
duly levied four piece. Of land in said Burling-
ton, all parcel Of the land included in said mort
"a se and in said leyy described And said Law
renee caused said levy 70 be duly completed and
corded and the same still remains unsatisied.
That after the execution Of his said mortgage and
on the 3lth day Of January, lSj6, one Georse +.
Eaimunds OF Burlington, brought suit against said
Company returnahe 10 the then next Term Of Chit
teuden County Court and attached thereon all the
real estate in said town Of Burlington a. the prop
erty of said Company. And 1T the March Term.
-16. of said Court recovered Judgment in said suit
against against said Company for the sum Of
--'i7l 20 damages ami costs And "u the 10th day
ot July, so, took out an alias execution said
Judgment in due iuriu of law. and caused the
L. be- lev led upon certain piece 81 land in said
burlington, parcel n the lands embraced IN the Or
alton said mortgage and IN -aid levy fully described
And said Edmund- caused said levy o. be duly com
plcted and recorded; And afterwards on the 2ist
day of April, Ie5~ 10y ms deed Of that date, con-
veycd unto David a. Smalley Of said Burlington,
the laid land embraced within the said levy in favor
ofsaid Etmunds and all the said Edmunds's right and
interest therein, the time allowed by law for the
dempuon by said Company II said land having pre-
viou-ly expired.
against said Company j. the true and just amount
now due him from said Company and secured BY their
t-aae "a him including interest legally computed
thereon up to the st day Of January S'l, and that
part thereof has ever been paid him and that
the estate Of the Orator ina said mort scd premises
ha- long since become absolute.
And praying that the said William Bemis Arms.
Lawrence and Smalley may he decTeed 60 pay 70
the Orator the aid amounts due him aforesaid
that in default thereof the estate Of the Orator
in said mort-a-cd premises may he decreed 10 be-
absolute.
And whereas il has been made 10 appear to said
Court that certain Of the parties defendant herein
reside without this state, and have had no .
legal ana sufficient service upon them Of the Bill
herein, il l. by said Court ordered that the sub
stance Of said Bill be published in the Burlington
FREE PRESS, newspaper published at Burlington
aforesaid three weeks successfully. the last Of said
publications t. he twenty days previous to the Term
Of said Court, to Pee begun and holden in aud for
said County n Chittenden. at Burlington IN the
Fourth Tuesday in September, l-f3.
And the Defendants herein ordered to appear [
before said Court at said Term thereof. and make /
answer 10 said Bill and abide the further order of
Court herein.
Given under my band AZ Burlington this four :
tconth day Of July, \. D. 1853.
J. 5. ADAMS Clerk