Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1866-05-18
a. TAT O. OF We & MON n.

In Chancery, Orleans County Court, in vaca-
tiOn after December term, 1865.
Nancy Lewis, by Guardian David Hopkinson, vs..
Daniel IL. Austin, Wm H. Kingsley, Mary |.
Lewis, Mary Lewis, Calvin Lewis and Laura
Lewis.
David Hopkinson, GUARDIAN of Maney Lewis
of Salem, in the County of Orleans and State of
Vermont, has, this LIST day of May \. d. 1866,
filed in the office of the Clerk of Orleans County
Court, his bill OF petition in Chancery, setting
forth that the said Nancy Lewis on the 9th day
of March A.D1S65, executed to her Thomas j..
Lewis, "a warranty deed of a certain piece of land
in said Salem, described as follows, VIZ: The
south easterly quarter of lot No. IL i'll the 3D.
range, being part of the first division LOT drawn
TO the original right of Abner Mellen, and being
the same premises on which the said Nancy Lew
is then resided and occupied as homestead, and
being the same set off TO the said Nancy by the
Probate Court for the District of Orleans-con-
tanning aDont twenty five acres of land-and set
ting forth that tle said Thomas J. Lewis entered
into a contract with the said Nancy Lewis to
maintain and support her through life, and to
have therefor said homestead and such personal
property as hi git thereafter be assigned TO the
said Nancy from che estate o. her deceased hus-
band, Stillman Lewis, with a condition annexed
TO said deed, that if the said Thomas j. Lewis,
his heirs &C.. shall well and faithfully maintain
and support the said Nancy during her natural
life, then said deed remain i'll full force, other
WISE null and Woodland representing that said
Thomas J. Lewis entered into possession of said
premises and proceededed to maintain the said
Nancy Lewis under the contract aforesaid-and
further setting forth that On thel1dayof May, d.
| 1865, the said Thomas J. Lewis and his wife Ma
| ria j. Lewis executed warranty deed of said
premises to the defendant, Daniel =. Austin, then
of Bloomington in Orleans County aforesaid but
now ofthe State of Missouri, for the consideration
of two hundred and fifty doliaFs=-apd that at the
| time of the execution of said last mentioned
deed-it was agreed between the defendant Dan
/ ieI II. Austin and the said Thomas ]. Lewis and
his said wife, that upon the payment of a certain
proms0Fy note for $3.50 eXccutedby said Thorn
as j. TO said Daniel III. Austin he the said
Daniel III. Austin agreed 80 r d ed sal
premises TO said Thomas j., and further that al
the time of said execution OF said last mentioned
| deed, it was understood by and between the said
| Daniel ii. Austin and The said Thomas j. Lewis
and Maria J. Lewis that said deed should be con.
| strued to be mortgage deed of said premises tc
secure the payment of the promisOry note afore.
said, and il pursuance. OF which last mentioned
| agreement said Daniel II. gave to said Thomas j
| Lewis a writing dated May 18th, 1860, in which
| he agreed tO3e2eeute quit claim deed OF said
premises on payment of the said note for $3.50
| which SAID writing, the petitioner says it was
! agreed between he said Daniel IL. and Thoma:
J. and Mariah j. should be construed together anC
| be held to bea mortgage of said premises. AnC
setting forth that very little ifanything is due up
on said note to said u. II. Austin, the same hav
| ing been given for personal property on which
the said Austin retained lien TO secure payment
| OF the same; and further setting forth thai sale
| Thomas j. Lewis deceased, in the autumn of 1865
| leaving a wife and minor children residing OF
said premises and that long before his decease
he failed to support the said Nancy Lewis accor
ding TO the condition contained in said first men
toned deed, and that thereby said deed become
Void And praying that the defendants may, OF
their oaths make full and direct answer to all tn,
matter herein before stated and more especially
| that they may answer and set forth whether tn,
said Thomas J. Lewis did not in his life time, an(
after the execution of said deed to him. neglec
and refuse to maintain and to support the sale
Nancy Lewis according to the conditions in sale
deed mentioned And praying that the petition
er may, by decree 0ffhe Chansellor, hold and en-
10y said premises discharged of all equity of re
defnption which the said defendants or any othe
lperson may challenge or have therein. And i
appearing that the said Daniel IL. Austin is gon,
without the State so that the usual process sub
pdna cannot be served upon him. according Il
law and that he has not had legal notice of tn,
lpending of the suit. tits therefore ordered tha
the substance of this petition, together with thi
lerder be published three weeks successfully il
1.-THE Orleans independent Standard, a Newspaper
printed at Barton, in saidCounty, the last of which
publications shall be at least twenty days previ
Gus to the next stated term of this Court, to b
holden at Iras bIrgil, in said Orleans County, OF
the 4th Tuesday of June, A. d. 1866, which shall
be deemed a sufficient notice TO said Daniel Fl
Austin TO appear and make answer to said peti
ton. '-i''''''
By order of Court. JH6 81 aH41
-. /. N. CUSHMAN,
ss' EDWARDS s. DICKERMAN,a ~
| gef1 Nh.iSwol Es E35iG saSrd7 .,i tSoncltOrs.