Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-04-28
In Chancery,
March Term,
1864.

WHEREAS, Amos Sheldon, of Manchester, in
the County of Bennington, has entered in Court
here, his bill of complaint against the above
named Austin s. Whitcomb, Fayette Henry c.
and Adams l.. Bromley, of Pawlet, in the Coun-
ty of Rutland, and the said Horace, Addie, Nan
oy M. and Jonathan Clark, of parts unknown,
SETTING FORTH that on the 14th April, 1857, the
Orator, being indebted to the said Whitcomb,
in the sum of SITS 90, to receive the paw
ment thereof, decided to the said Whitcomb
''the following land in Pawlet aforesaid, being
about IA acres heretofore known as the Ephraim
Cook farm, being the farm heretofore conveyed
by Austin s. Whitcomb and Alzina Whtcomb to
Amos Sheldon, fifty acres of said land is subject
to a durable lease given by Ephraim Cook to
Daniel and Sybil Clark and an annual rent 81
Upon the condition specified in certain bond
executed at the same time by the said Whit
comb to the said Sheldon, By which bond it was
conditioned, that if the said Whitcomb should
yield the possession of the said premises to the
said Sheldon and deliver to him certain stock and
personal property; and the said Sheldon should
pay to the said Whitcomb the above sum of
Sits 90 by installments and at the time therein
specified, then the said Sheldon should become
possessed of the said personal property, and the
said Whitcomb should give valid deed Of said
premises to said Sheldon, land said bond should be
void.
The Orator further shows that he received and
remained in possession of said premises and per-
sonal estate until the LIST April 1853. That on
the 10th October 1867, the said Sheldon and said
Whitcomb leased the said premises, for the term
of five years to one James Alexander, covenant
ing that the rent of said premises should be paid
to said Whitcomb, in part satisfaction of the con-
dition of said bond That the said Alexander
took and remained in possession Of the same du-
ring two years. That on the It'll February 1859
the said Whitcomb conveyed the said premises to
Henry G. Bromley and Fayette Bromley, except
ing the conditions of said bond and the said lease
that soon after, the said Bromley took possess
ion Of said premises and said personal estate, and
converted the same to his own use. That on the
9th January 1861, the said Henry c. conveyed
said premises to Fayette Bromley; that on the
Goth of February 1868, the said Fayette conveyed
the samepremses to Addie Clark; that on the
LIST September 1868, the said Addie and Horace
Clark conveyed the same to Nancy M. Clark and
on the I'D September 1868, the said Addie and
Horace conveyed the same to one Adams L.,
Bromley that all the above parties had knowl-
edge of the rights of the Orator and of the bond
aforesaid. And the Orator AYERS that he has per-
formed all the conditions of said bond, and that
said parties, Defendants, have prevented his en-
joyment Of said premises, and have committed
waste and carried away timber from the same.
And Praying that it may be decreed, that the
said Defendants shall yield to the Orator the
possession of the premises and the said personal
estate, and pay to him the value of the rents and
profits Of the same, and to pay all damages ari-
sing from waste &c.
The said Addie, Horace. Nancy NJ and Jona-
than CLARK, residing without this state, SO that
subpoena cannot be served upon them,
II is ORDERED, that they be required to appear
on the first day Of the next stated term of said
Court, to be held at Rutland, within and for the
County of Rutland, on the second Tuesday Of
September, A. d. 1864, and make answer thereto.
And for that purpose the orator shall cause the
substance of said complaint, with this order, to be
published three weeks successfully in the Rut-
land Herald, printed at Rutland, the last Of
which to be Of least twenty days previous to said
term, which shall be deemed sufficient notice.
Dated at Rutland, this 9th day Of April, A.
d. 1864. +. W. HOPkNlS,. Clerk.
FAYETTE POTTER, Solicitor. II