Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1863-07-17
NOTICE.
ALBERT L. CALM. CHrTTENDEN co.
COURT.
Adm'rs cf f.. L. ORrsECE In Chanccry,
mud AtLnrs Ami rn-r.. 4 Ii LII

-A'NeAAa u. ~ lin Alll1 ALNllslN W.
COURT.
Adnrs Of f. L. ORusGrs; In Chanccry,
and others. ! April Term, a ID. l>ts
M IiEREAS at Term Of the Court Of CHANGER
" holden at Burlington. in and for the Count
Chittenden on the first Tuesday in April. 4. n
~, Albert l.. Catlin OF said Burlington by 4. J
nhelps ESQ, his solicitor, filed in said Court hi
Bul IN Chancery, sainst Maria \. Orins5ee, Roswell
Hopkins Francis 4. Fisher and sally Fisher Of Rut
land in Rutland County, and Edwin c. Hamilton q
hr oklyn in the State of New York, setting forth;
- ihat on the nth day Of April \. ID. 1916. on'
Edgar l.. Ormz're. then Of said Rutland, now lie
cea.ed-exe, to the Orator his promissory n"t'
"l ilat dat tor 500 pay able in one year from dat'
with Interest annually, and 70 secure payment o
the same on the same day duly executed mort gag,
u the Orator Of certain land in said Rutland KNOW
a. the VIII aud Humphrey Farm AMI said mort gag,
land.
That afterwards and on or about the list day Of
January lS52 the said Edgar l.. being DESTROYS Of
sall land from said mortgage agreed with the Orator
- discharge said mortgage and receive from him,
tne sad Edgar L., in exchange therefor mort gage
conditioned for the security Of said note upon GER
tam other Land in said Rutland, situate near Suth-
crland Falls being about D. acres, containing a
marble quarry known a. the White Marble Quarry
same 10 he a first moetglge thereon.
Tint the Orator, rel wing upon said agreement,
dd release and discharge his said mortgage on the
humphrey farm and wa repeatedly informed by
SAN Edgar L. and fully believed that, IN consiiera-
lon thereof the said Edgar l.. had executed t. the
Orator AMI caused o. Doe duly recorded in said Eut-
land mort gage ON said White Marble Quarry 90
secure the payment Of said note
That believing said mortgage o. have been duly
executed and recorded, and % hc. Doe was Informed
jy -aid Edgar L. ample security Tor said note, the
orator suffered the same 20 TIE without taking any
steps for its collection or receiving amy payment
thereon up 10 the time of the death uf the said
tl-ar L. on or about the 9th day ui November,
l-bi.
And that after hi. death. and on or about the
10Th day Of December -62 the Orator for the first
tne by au examination ot she records, a-ccrtlined
That mo- uortga in bis favor upon said marble
quarry had ever been recorded iu said Rutland
and upon inquiry of the administrators ot said
Edear l.. hc could not ascertain nor dti they adj
init thar such mort gage had ever been executed
or was % Dec found among the papers oi the -iid
Edgar J. and whether such mortgage was ever eN-
ccutcl and retained hg said Edgar l.. for tho benefit
of the Orator. De- can only ascertain hy discovery
under the order Of thi. Court Of thauecrv. And the
Orator upon his best belief a--ert the execution of
such mort sa-c and its retention without being
corded hy said Edgar l.. for the benefit of the Ora
tor and that the said Edgar l. and Dis representa-
uyc, are hy said agreement and -uIIuee- t-talpcd
rom DENYING the same.
That. after the execution or said mort gage, If in
fact il was executed and after said Edgar l.. had
agreed o. execute the -lmc and informed the Orator
that 30 had been executed. and after the said en-
d"rscmcut upon said note made tN said Ed-ar l. as
aforesaid, ami after The Orator ia consideration
thereof hat released si't former mort e. ou said
Humphrey farm the said Edgar L. Ny Do. deed
bearing date the 1T dat ot September. 1851, con-
yeHcd unto Edwin &. Hamilton OF Iruoklfu tu The
County Of kinG- M the State OF New York, the same
White Marble Quarry, describing 10 iu s1id deed as
loin. under previous mort g -e 90 the Orator, the
same o. he held in trust hy said Hamilton for the
Performance Of certain stpulatuns ot said Edgar
l. IN lease previously undo hg him ut the same
property for The Use and benefit of Mrs Sarah Fisher
% sutherland as, anl cDutii -cut} ilr Tine hcne-
M ot the wife of -lit Edgar. And the Orator aver-
DIS belief thar said decd was taken 'y s1it hamil-
ton and Dis said rrsfnts que trust with full notice
Of she right anil cIEltic, 90 The orator lu the
Tina, Francis A. Fisher D.. and was at that timc the
husband o said sarah Usher and that after the death
IF -ad Elar l.. as ainrc-aid. Marin A. urm-hcc his
iii wife, and Roswell Hopkins gl -aid Rutland