The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1870-04-19
Addison County, Ina W. CLARA
eyy ".
~ John Ward, William
lima Term lS7O RYAN 4 ~aml II Souie

- John Ward, William II
june Term, 1870. Ryan 4 Saml ii. Souie
IRA W. CLARK, of Mddlebury, having filed ID
the sf6ce of the Clerk of the Court of Chancery
in and for the County Of Addison, his bill setting
forth in substance that on the ith day of August.
A. D. 1858, John Ward and Henry Ward duly ex
ecu;ed to William W. Thorp mortgage deed OF
certain land situated in Fairfield, in the County OF
franklin, described as follows, to wit: Being the
same land and premises decided to said Wards BY
saia Thorp by deed dated August 4th, 1865. con
tanning one hundred and eight acres, more less
bounded westerly by land owned by Asa q. Adj
and Swanton town line and James Gangs land
northerly by the late Widow Downey's land east
by tho cross roads leading by Daniel Oyitts land
and south by the brick lot, so called. Which said
mortgage deed was conditioned for the payment OF
twelve certain promissory notes all bearing even
date with said mortgage, eleven of which for
two hundred dollars each, and the twelfth note 10.
three hundred dollars; the first Of said notes due
and payable on the first day of December, A. D
1853, and one of said notes due and payable oil
the lst day of each succeeding December until ali
shall have become due and payable, all with inter
/ est annually and signed by said John and Henry
/ Ward and payable to said W. W. Thorp, or order
/ interest to commence April lst thereafter.
And further setting forth that the first min,
Of said notes have been paid, and the interest Oh
the remaining three up to April lst, 1865, and
that the last three Of said notes, with interest
since April |, ls6s, are now due. And further
setting forth that all Of said notes were endorsed
by said W. W. Thorp and duly assigned to Joseph
j. Soule, of st. Adams, in the County of Frank
lin, and the were duly assigned by said Soule
to Hiram Belus, of st. Adams, and the same have
been duly assigned by said Belius to this petition
or, whereof the said mortgages have had d.,
notice. And further setting forth that on the I'll
day of November A. n 1865, said Henry Ward
and Bridget Ward, wife of said Henry, decided
one equal undivided half Of said premises to VIII
liam H. Ryan, then of said Fairfield now of part.
unknown, for the consideration Of twenty -one hun
bred and seventy 1--we delars.
And further setting forth that oil the 22d dsy
of March, 1869, Samuel ii. Soule, Of said Fair
field, was duly appointed Assignee of said Wn
II. Ryan, and that on the 18th day Of said Marcel
all Of said Ryan's property was assigned to said
Soulc, Assignee aforesaid, by the Register of the
Court of Bankruptcy.
And praying that the said John, William II
and Samuel II. may be dcrreod TO pay the pet
toner such sum may be found due on said
mortgage and in default thereof may be fore
closed OF all equity vi redemption in the premi--
es, and for such other relief as equity and the
ture Of the case may require
Now it being made to appear that the said
William Ii, Ryan resides out Of this State so thar
a subpoena cannot be served upon him, il is OF
dered that the said William H. Ryan he required
to appear and make answer to said petition ON the
first day Of tho next stated term Of the Court oi
Chsnccry TO be held ut Middlebury, within aud
for said County of Addison, on the first Tuesia,
Of June, AID. 1870, and that the said complainant
cause this order to be published three weeks suc
cessively in the Mddlebury Register, public
newspaper printed at said Middlebury, the last OF
which publications shall be at least twenty day
prior to said next term,
Given under my hand at Middlebury this ssh
day Of April, =. D. 1870:
IsA W. CLARK, sws
Sehrsror,