Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1866-05-04

Barton. Vt, Nav 9Th. 1865. vll:l9mS
:, 's'A'a "a OF yEsz NaHN q

:, A'Eu OF wee aGN g.
In Chancerv, Orleans County Court, i'll vaea-
ion af. or December term 1860.
\ incy Lewis, by Guardian David Hopkineon, IS.
Daniel II. Austin, VIM. IL. Kingsley, Mary |.
Lewis, Mary Lewis, Calvin Lewis and Laura
Lewis.
David Uopkinson. Guardian of Nancy Lewis,
of Salem, in the County of Orleans and State al
Vermont, has. this 1T day of Nay A. D 1856,
fled in the Office of the Clerk of Orleans Eouu.N
c urt his hill or lcttiun III Chanccry, setting
forth That the said Nancy Lewis, on The h tiy
# March 4. ID 1855, executed TO her SonThoma> }.
Lewis, Il warranty deed of a certain piece of land
in said Salem, described rs follows, VI: The
south caSterly quarter of lot No. IL III the 81
range, being part of the first division lot draW
20 the original right of Ahucr Meiien, and being
the same premises on which The said Nancy Lew
is !hen resided and occupied as Il homestead, ana
being the same set Off IN the SAID Nancy ny The
Probate Court for the District of 0rcdns-t,un-
aiming about twenty five acres of llnd-and SCI
ring for h that the said Thomas j. Lewis entered
into a contract with the SAID Nancy Lewis t.
maintain aud support her through life, and to
have therefor said homes cad and such personal
property al might thereafter he assigned 10 me
>;liu Nancy from The cStaic III her deceased nus
band, SlillmalI Lewis with = condition annexed
o said deed, that If the said Thomas !. Lewis.
his heirs &C. shall well and fiji htuliy maintain!
and support The said Nancy dur ne her unTdl
wise null and Woodland repre-. enllng that said
Thomas j. Lewis enerrd INFO possession OF s.,lti
premises and proceCdcded TO maintain lie SLi'i
Nancy Lewis under the contract aforcslid-snfl
further setting forth that thcl 7dlyof May, AID
1865 the said ThOmlS J. Lewis and his wife NJ
rin J. Lewis executed warrdn Y deed of slid
premises TO the defendant, D nie H. Austin, then
| of Bloomington in Orleans County aforesaid, TN
now ofthc State of Missouri, for the consideration
| ftwo hundred and fifty dnllar>-and hat at lllt
/ IL. ctT a 10 RlnrA inn M
| decd-it was agreed between tic defendant d III
| el H. Austin .ud i;. s:d Thomas !. Lewis anC
his said wifi, tat upon the payment OF Il ccriaiI
| promisory note for $3.50 cXccu by said Thorn
! Is J. TO said Daniel II. Austin; he he sale
! Daniel IL. Austin agreed t o &c c ed Sa
premises to said Thomas j.. and further that a
| he time of said execution of said last mentioned
deed it WAS understood 10y ami betwccn the sa.'
Daniel H. Austin and the said Thomas }. Levi
| md Maria Lewis that said deed should he con
.1rued TO nc Il mortgage deed of said premises t
secure the payment Of the promiSory no.e a1orc
sl:d and in pursuance of which last mentione'
agreement said Daniel II. gave to said Thomas
Lewis writing dated May 18th, 1855. III whicl
he agreed TO execute quit claim deed OF sal
premises on payment of the said note for $50
which said writing, the petitioner says II wa
s.sreed between the said Daniel IL. and IhomI
Y and Mariah J. should lie construed together an
| ha held to hca mortgage OF said premises. An
-, ting forth tha; very little fdnything is due VI
on aid noe 70 said d. IL. Austin. the same hay
no been given for personal property ON whic
he G ssd Austin retained Il lien 10 secure paynier
| tho same; and further setting forth that sal
Thom ss ]. Lewis dece .sed, in the autumn oflo6
| eavin.r n wife and minor children residing o
said nre .mises and that long before his dcceas
he fliIe, to support the said N.ncy Ltw.s ace0
ding TO T. he condition contained in said first mel
toned de ed, and that thereby said decd becoh
void An 4 praying that the defendants may, {
heir oath make full and direct answer 10 all ii
matter her, lin before stated and more especial
han they II t;y answer ard set for. Ii whether II
aid Tboma $ J. Lewis did not in his life time, an
,fter tbe exc cuton of sasd deed Ia him. neg c
nd refuse TO maintain and TO supper the si
Nancy Lewis according 10 the conditions IN sa
Iced mention, ID And praying ihatthe pe:iiio
or may by de. rec of the ChanSell +, hold and c
Ii v said prcinis es discharged 81 all equity oi
,lemption which the said defendants or any o II
,er,an NAV cha, Ienge or have therein. And
| ,ppearing that Il Ne said Daniel I'll. Austin Is 90
without the State SO thit the usull process sd
| ppna cannot lie .sIycd upon him, aeeclG il.s
law and til 1t he Ii Is nos h id leg Il no,ice ot
bending OF the sui T. Ii is therefore ordered I'll
he substance of Il Ms t,ctition, together with II
order, lie published TIN ee weeks succe~s!vsiy
he Orleans Indepe ndcl II Standard. a Ncw y u
printed at Barton Ia sal dConnty, ihe iast Oh WI
public ,tons shall he at least twenty DAYS Pre-
,us 10 the next stat al tel m OF iiis Cour', 10
holden mt Iraslurg L. i'm < aid Orleans County,
, he h Tue.d ~ of June, A. ID. 1866, which si
he deemed sutIici. mt non &c 10 SAIL Ddii,ei
Austin to appear al I'd make answer 10 saiu p'
j ion. ~
By order of Court eu,,N
EDWARDS g. DIcKER. NAN.
vlEl9w3 ooAcilofs