Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-12-30
CTATE OF VERMONT. Rutland, s.

CALVIN 7 AUSTIN.
D. In Chancrry. Sept.
JusTUs BENAON, Term, 1859
JOHN L HAMMOND,
g. n. KINGSLEY.
Whereas, Calvin p. Austin OF Brandon, in the
County Of Rutland, hath filed his petition In
chxncery against the above named defendants.
SErrINd FORTH that on the 18th day Of May,
1851, one Seth Benson, then Of Orwell, in the
County II Addison, aimee deceased, and Martha
J. D. non, his wife. executed TO said Orator. q
mortgage deed Of = certain tract OF land lying in
Orwell aforesaid, and bounded on the south by
| lands Of Justus Benson, and BY lands owned BY
heir- Of John Doughty, late Of said Orwell. de-
ceased east on the farm If Zephaniah Nearing
north lands owned by En K..ot, Gnstxvus A.
| Aust and LOrin Cults, and vest on the shore of
Lake Champiain, and supposed to contain three
hundred and eighty six acres OF land m re or less,
with a condition for the redemption Of the same
upoa the payment Ut certain notes therein mem
toned. And that since the execution II said
mo tgaye deed, the said Seth Benson, hath de-
ceased. and that subsequent thereto ons joel
Olmstead became tn. owner Of portion Of said
premises, and that Aftervard, on The eighth day
OF March, 1866, the said Olmstrad and wife,
decided said emi-es TO one Justus Benson. II
',e son. the County Of Rutland. ana the
,ru uay tp,k mortgage back from said benson
20 - the pay m.nt Ut the sum OF three thous-
Nh one hundred and nifty dollars, specified in
two mats dated sth March, 1865 one OF said
not = being Tor the sum ot nineteen hundred
dnllsts, md the other Tor twelve hun red and
mfr doliarr.
AMI !su the ID 80, tsfnfbcr. lp6s, said Oimstead
srat pai stin last DESERT ed mortgage To one John
J.. Hammond, Of said Orwell, and at the zane
tim. tran-i-rrei u said Hammond ssid twelv.
hundred and nifty dollar not, and took sck from
said Hammond an agreement in writing, under
sal duly cxecut. i and recorded, whereby H. WAS
provided that said UInstsad shouli retain in-
tires IN SAID mortgage u SECURE the payment II
SAIL nineteen hund ed dollar note
And that q. II. kingslsy. Of Fort Dodge. Io~s,
now owns and holds said nineteen hume red dollar
note, abbut three hundred dollars Of which re-
ans unpsid, and that said II ANN nj nov owns
and hal u said twelve hundred and nfty dollar
note which remains unpaid. and that said Ornt1r
on the 2Uth September 1872. discharged III aov~s
40 rods u said premises from the mortgAs. Hrut
above de- sribed.
Arm PRAYING that saii defendants may BE- fvr--
cos.d Of their equity or redemption ia -aid prem
t.e~. ~xo~pt frorn what ~ discharged Afar. AID.
h. SID q. u. Kingsley. defendant, residing
without the State. ~ that subpcna cannot be
served upon him,
IT'S ORDERED that aid defendant be required
To spp~ar ON the fret day u The mex. a'.d term
Of .aid Court, 10 b. holden At Rutland. within aud
for the County VI Rutland, aforesaid. on the
oDd Tuesday III arch A. ID. 1870. then aud
there ~ answer To said petition, and for that pur-
the said petitioner shall 10 be published
IN The Rutland HERALD, printed NJ Rutland
aforesaid, the substance of sA,d PETITION and this
order. three weeks successfully, the iast OF which
70 be at least twenty days previous 20 said term
OF Court, ~h ch shall be- deemed SUMO en-. notice.
Dated at Rutland this 22d day Of December,
" iasa
HENRY II. SMITH, Clerk.
RaIGns & 0adsuER S.licif4.rs L.