Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1863-07-24
THE BURLINGTON FREE PRESS. o. 1888
NOTICE.
ALBERT Z. CArLlv,
CHITTENDEN co.


ALBERT L. CALM. CHITTENpEN co.
v. COURT.
Adm'rs cf f. l.. ORusrEg Ia Cbanccrv.
and others. April Term \. Il. l-'3.
WHERl,As at a Term Of the Court OF Chlnccry
~, holden at Burlington, in and for the County
OF 1hlttenaen on the first Tuesday IL APRIL AID.
r.oS; Abcrt L. Catlin Of said burlington hs Z. T.
b n ESQ, his solicitor, ied IN sai1 Court his
IN IN Chanccry, sainst Maria A. srnshee, Roswell
iliopkinS Francis A. Fisher and sally Fisheroi Rut-
iahd IN Rutland County, and Edwin G. iamiit N n
hr9oSiyn IN t." ate Of New York, scttinstcrth;
- That IN thc "a day Of April A. D. 1916. one
Edgar l.. Ormsbee, then Of said Rutland, now dc
ceased-executed to the Orator his pronissory note
o. that date for sJ, payable in one year from date
win interest annually, and to secure payment Of
the same on the same day duly executed mort gaze
70 NE TRAITOR Of certain land in SAID Rutland known
! a. the VIII and Humphrey Farm and said mortgage
land.
That afterwards and on or about the let day Of
January lSl2, the said Edgar l.. being DESTROYS Of
said land from said mortgage agreed with the Orator
/ 10 dlsciarse said mortgage and receive from him,
tne S:id Edgar L., in exchange therefor mortgage
CONDITIONED for the security Of said note upon GER
tan other land in said Rutland, situate near Sut-
eriand Fails, being about Il acres, containing
marble quarry known the White Marble Quarry
same 70 be "A first moetgl-e thereon
mat the Orator, relying upon sad agreement,
9Iu release and discharge his said mortgage on the
humphrey farm and WIS repeatedly informed by
said Edgar L. and fully believed that in considera
ton thereof the said Edgar l. had executed 70 the
Orator and caused 10 he duly recorded in said RLt-
secure the payment Of said note
mat believing said mortgage 70 have been duly ]
executed and recorded, and t. be- he was informed
oy sad Edgar L; ample security for said note, the
orator suffered the same o. lie without taking any
steps Tor Its collection or receiving any payment
thereon up to The time If the death # the said
Elsar L. On or about the 18th day Of November
And that after his death. and ON or about the
ltth-day Of December i-62 the Orator for the first
time, BY examination Of the records. ascertained
that no mortgage in his favor upon said marble
quarry had ever been recorded in said Rutland
and upon inquiry Of the administrators Of said
Edgar l.. he could not ascertain, nor did they adj
init that such mortgage had ever been executed
y. vas 20 ne found among the papers 81 the sdll
Edgar i and whether such mortgage was ever eN-
ecuted and retained By said Edgar L. for the benefit
Of the Orator, he can only ascertain by discovery
under the order Of this Court Of Chancery. And the
Orator upon his best belief asserts the execution Of
such moftcace aad is retention without brn- re-
corded hy aid El-ar L. fr the benefit II the Ora
tor and that the said Edgar +. and his Representa-
tves are by said agreement and a-surlnc-, cstoPped
rom DENYING the same.
That aiter the execution Of said mort gaze, if IN
fact 10 was executed. and after said Ed.-r l. had
agreed 70 execute the same and informed the Orator
that II hal hctu executed aud u4l'r the sau en-
dorseiaelt upon aid note made by said Edgar L. as
Aforesaid, and after the Orator IN consideration Z
thereof had released said former mortgage said
Humphrey farm the said EDGAR L. hy his deed +
bearing dl Be- the let dav &C September. l-1i con-
viewed unto Edwin C. Hamilton III BrookIyu In Tie 7
'ouuty IT kings IN the state cf New York the same y
White Marble Quarry describing 10 IN said deed as +,
Icng under previous MORTGAGE 90 the orator tac a
anne 90 Ac led n trust hy said Hamilton for the q
lerformun-t % certain supultous OF sid Edgar :
Z. in a lease previously made by him II the same 4
property for the use and benefit ~ Mrs Sarah Fisher n
e sutherland Tails, and cuutlugcutly iur the lcne
t of the wife Of sd Edgar. Ard tie Orator %
N belief that said deed was taken by said llami- =
pn and h. -iid cssiHis g4e Trust with full notice =,
tle right. and equities oi TIE orat n iu the "a,
That Francf. g. Fisher g.. aud was NJ that time the 81
slid El-gr Z. as aforesaid Maria A. Orn-hce .lis T.,
iii wif', all Roswell Hopkins q .aid Rutland IN