Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1866-05-11
Barton, VT, Nav 4th. 1868. vll:i9mS
4 HAT'E OF VGssFE0 on q

a. p ATE OF yEssFE N g.
In Chancerv, Orleans County Court, in vaca-
lion after December term, 1865.
Nancy Lewis, by Guardian David Hopknson, vs..
Daniel H. Austin VIM H. Kingsley, Mary 1.
Lewis, Mary Lewis, Calvin Lewis and Laura
Lewis.
David HOpkinsOn, Guardian of Nancy Lewis,
Of Salem, in the County of Orleans and State OF
Vermont, has, this l>t day of May \. D. 1866,
filed in the office of the Clerk of Orleans County
Curt, his bill or rctitiOn in Chanccry, setting
forth that the said Nancy Lewis, on the 9Th day
of March A.D.l66j, executed to her sonThomaS J.
Lewis, Il warranty decd of certain piece of land
in said Salem, described as follows, VIZ: The
south eastery quarter OF lot No Is in the Sd
range, being part of the first division lot drawn
to the original right of Ahner Meen, and being
the same premises on which the said Nancy Lew
is then resided and occupied a homestead, and
being the same set off to the said Nancy by the
Probate Court for the District of Orleans-con-
tanning about twenty five acres of land-and set
ting forth that the said Thomas j. Lewis entered
into d contract with the said Nancy Lewis TO
maintain and support her through life, and to
have therefor said homestead and such personal
property us might thereafter be assigned TO the
said Nancy from the estate of her deceased hus-
band. Stillman Lewis with condition annexed
TO said deed, that if the said Thomas ]. Lewis,
his heirs &c, shall well and faithfully maintain
and support the said Nancy during her natural
wise null and Woodland representing that said
Thomas J. Lewis entered into possession OF said
premises and pr0ceededed to maintain The said
Nancy Lewis under the contract aforcsaid-and
further setting forth that Tn thel7dayof May, AID.
| 1860 the said Thomas j. Lewis and his wife Ma
ria J. Lewis executed warranty deed of said
premises TO the defendant, Daniel II. Austin, then
/ of Bloomington in Orleans County aforesaid, hut
now ofthe State of Missouri for the consideration
of Two hundred and fifty dOllarS-and that at the
| ri rnc of no q ion f nod
| deed-it was agreed between the defendant IN
| iel II. Austin and the sad Thoin.lS ]. Lewis and
his said wife f3iat Jioa The payment of a certain
prOmiSory Ioe for $3.50 cXccu ed by said Thorn
| Us ]. - said Daniel H.. Austin he the said
Daniel IL. Austin agreed to re d ED sa d
premises to said Thomas j.. and further that a.
! he time of said execution of said last mentioned
deed, it was understood by and between the said
Daniel II. Austin and Ihe said Thomas J. Lewis
and Maria ] Lewis that said decd should lie con-
srrued TO DC a mortgage deed of said premises to
secure the payment of the promisory note afore-
said, and in pursuance of which last mentioned
agreement said Daniel H. gave TO said Thomas J
Lewis q writing dated MAY 18th, 1875, in which
lie agreed TO execute quit claim deed of saiC
premises on payment of the said note for $250-
which said writing, the petitioner says it, wa
agreed between the said Daniel II. and Thomas
]. and Marah j. should lie construed together an(
he held to bea mortgage of said premises. Ant
setting forth that very little ifanything is due up
OH said noe to said D. II. Austin. the same hav
ing been given for personal property on which
the said Austin retained lien to secure paymen
, of the same; and further setting forth that salt
Thomas j. Lewis deceased, in the autumn of 1861
leaving II wife and minor children residing oil
( said premises and that long before his decease
5 he failed to support the said Money Lewis accor
I ding to the condition contained in said first men
: toned deed, and ihat thereby said deed becom
1 void. And praying that the defendants may, 81
y their oahs make full and direct answer to all th
. matter herein before stated and more especial
that they may answer and set forth whether iii
said Thomas J. Lewis did not in his life time, an
after the execution of SAID deed to him. neg,ec
aud refuse TO maintain and 10 support the sal
Nancy Lewis according TO the conditions in sal
deed mentioned And praying that the petition
:. er may by decree of the Chansel 7, hold and ei
d j " said premises discharged of all equity of re
dempton which the said defendants or any ohc
s. person may challenge or have therein. And
/, appearing that the said Daniel II. Austin is gon
l. without the State that the usual process sui
d pena cannot lie served upon him, according
d law, and that he has not hid leg III notice of til
pending of the suit 1t is therefore ordered thu
the substance of this petition together with th
a order, he published three weeks successfully
e the Orleans Independent Standard New pape
/, printed at Barton, in saidCouny the last of whc
publications shall be at least twenty DAYS prev
&c Gus TO the next stated term of this Court, 10 !
,f holden at Irasburgh, in said Orleans Coniaty, @
IS the All Tuesday Of June A. ID. 1866, which sha
1t he deemed Il sufficient notice TO said Dan el
J. Austin to appear and make answer to sail pet
d ton.
y By order of Court.
/, /. N. CUSHMAN,
EDWARDS & DICKERMAN.
vl1:l9w3 Solicitors.