Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-01-13
G. II. JOYCE, Atty.
Filed Dec 25th 1859
52w8* HENRY b. SMITH, Clerk.
CTATE OF VERMONT, Rutland, IS.

STATE OF VERMONT, Rutland, IS.
o. In Chancery, Sept
JUSTUS BENSON, TENN, 1863
JOHN L. HAMMOND,
C. II. KINGSLEY.
Whereas, Calvin P. Austin, OF Brandon, III the
/ County of Rutland, hath filed his petition in
chancery against the above named defendants.
SETTING FORTH that on the l7th day Of May,
1856, one Seth Benson, then OF Orwell, in the
County of Addison, since deceased, and Martha
J. Benson, his wife, executed to said Orator, a
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
heirs of John Doughty, late Of said Orwell, de-
ceased east on the farm ot Zephauiah Nearing !;
north on lands owned by Eli Root, Gustavus A.
Austin and Lorin Cults; and west on the shore OF
Lake Champlsin, and supposed to contain three
hundred and eighty six acres Of land more or less
with condition for the redemption of the same
upon the payment of certain notes therein men
toned. And that since the execution Of said
mortgage deed, the said Seth Benson, hath de-
ceased, and that subsequent thereto one joel
Olmstead became the owner of portion of SAID
premises. and that afterward, on the eighth day
OF March, 1865, the said Olmstead and wife,
decided said premises to Justus Benson, OF
Benson, in the County of Rutland, and on the
same day took mortgage back from SAID Benson
to secure the payment OF the sum of three thous-
and one hundred and fifty dollars, as specified in
two notes dated Sth March, ls65,-one OF said
notes being Tor the sum of nineteen hundred
dollars, and the other for twelve hun red and
fifty dollars.
And on the I'd September. 1865, said Olmstead
assigned said last described mortgage TO one John
L. Hammond, of said Orwell, and at the same
tune transferred to said Hammond said twelve
hundred and fifty dollar note, and tock back from
said Hammond an agreement IN writing, under
seal duly executed and recorded, whereby 1t was
provided that said Olmstead should retain an in
terest in said mortgage 20 secure the payment OF
said nineteen hundred dollar note.
And that c. II. Kingsley, OF Fort Dodge, Iowa,
now owns and holds SAID nineteen hundred dollar
note, about three hundred dollars of which re-
mains unpaid, and that said Hammond now owns
and holds said twelve hundred aud fifty dollar
note which remains unpaid. and that said Orator
on the goth September, 1902, discharged I'll acres
lao rods OF said premises from the mortgage first
above described.
AND PRAYING that said defendants may be fore
closed of their equity OF redemption in said prem
ises, except from what is discharged aforesaid.
The said C. 81. Kingsley, defendant, residing
without the State. so that a subpoena cannot be
served upon him, .
IT Is ORDERED that said defendant be required
to appear on the first day of the next stated term
of said Court, TO be holden at Rutland, within and
for the County of Rutland, aforesaid, on the
second Tuesday of March, A. ID. 1870, then and
there to answer to said petition, and for that pur
pose the said petitioner shall TO be published
in the Rutland HERALD, printed at Rutland
aforesaid, the substance of said petition and this
order, three weeks sIecessvely, the last OF which
to be at least twenty days previous to said term
Dated at Rutland this 22d day of December,
A. D. 1869.
HENRY H. SMITH, Clerk.
RRIGGS a. CRATsRFF Solicitors 59V3Xx