The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1870-10-18

In Chanccry. Charles +. Wethcrbec,
Angelina Wcthcrbce and
December Term, 1870. William II. lioyt
Silas II Wetherbce and Jonathan u. Wother-
bee, partners, doing business In Port Henry, Coun
ty Of Essex and State Of New York, under the
firm name Of 5. II. 4 J. q. Wothcrboc, having
filed in the Office of the Clerk of tho Court of
Chancery in and for the County of Addison, their
bill, setting forth in substance that Charles 7.
Wethcrbec and his wife Angeline Wothcrbce, Of
Orwell, in said county of Addison, on the 23d day
of September 1862, duly executed to H. p. lIeus-
tis mortgage deed of certain lands lying in Or
we'll aforesaid, and described as follows: Begin
ming on the shore Of Lake Champlain ut place
where hole is drilled in the rock, thence running
south 8 . IS east "a l-2 rods to stake in the
east side Of the road leading TO tho old Ferry,
thence south So east 81 rods aud Ii links TO a
stake, thence north 10 , 80 west about Gl -
rods to the shore Of the lake, thence following the
shore of the lake to the pluce Of beginning, con
taing about four acres. Also one other piece OF
land lying in said Orwell, described as follows.
Beginning little south of the above described
piece and on the opposite side of the road afore-
said leading to the Ferry, and Mt the eastery end
of the stone wall which loads from said road to
the lake shore, thence in tho line Of said wall to
the shore of said lake. thence following the shore
of tho lake to said road, thence in the west line Of
said rond to the place of beginning, containing
about three fourths of nm acre; conditioned for tho
payment of n certain note dated Sept %, 1862,
and given for tho sum of seven hundred dollars,
and made payable to tho order of Adelia A. Fetch
er on or before Sept IS, 1865, with interest annu-
ally, which is in part now justly due, and further
setting forth that in the condition of said mort
gage deed the said note is enormously described
az payable te the order of John l.. Hammond, and
that said error arose from the fact that said bust
ness was done by the sud John Il. rs agent of the
said Adeia, and that the note intended to be de-
scribcd in the condition of said mortgage is the
Hal IL a
gage deed has been duly assigned to tho petition
ers.
And further setting forth that the said Charles
+. on the first day of November, 1854, executed
to said petitioners, IA partners aforesaid IL mort
gage deed of said premises conditioned for tho
payment af his entire Indebtedness to said petit
TONERS on just settlement, in three equal annual
payments from the first day Of January 1868,
with annual interest Afterwards, to wit on the
18th day of April, lsGj, n just settlement being
made, it was ascertained that the said Charles F.
was indebted to the said petitioners as partners a.
foresaid, in the sum of four thousand four hui
dred and three dollars and three cents, which
said sum is now justly due excepting the sum Of
one hundred dollars which was applied upon said
indebtedness on the 30th day of November, 1863
And further setting forth that on the 18th day of
June 1868, the said Charles +. was upon his own
petition adjudged bankrupt by the United States
ourt in and for the District Of Vermont, and
that afterwards to wit, on the 22d day of July,
1865, one william H. ioyt then of Burlington
now of the city of New iYork, was duly elected
assignee in Bankruptcy of him the said Charles F.
And praying that the equity of redemption of
the said Charles F. Wetherbee, Angelina Wether-
bee, his wife, and William II. IIoyt assignee as
aforesaid in the premises may be forcclosed agree
ably to the provisions of the 18th section of the
10Th chapter Of the General Statutes of the State
of Vermont.
Now it being made to appear that the said Will
liam II. lIoyt resides out Of this State, 30 that
subpoena cannot be scrvedNpon him, it is ordered
that the said William II. lIoyt be required to APP
pear and make answer to said petition on the first
day of the next sta ed term Of the Court of Chan
Gerry to be held at Mddlebury, within and for said
County of Addison, on the second Tuesday of De-
cember, A. u. 1870 and that the said cOmplainants
cause this order to be published three weeks sue
cessively in the Mddlebury Register, public
newspaper printed At said Middebury the last of
which publications shall he at least twenty days
prior to said next term.
Given under my hand Mt Md'liebury, this 18th
day of October, 4. h 1870.
X. WAINWRIGHT, Clerk.
BRIoG- ORMsnEE, > Solicitors. .3O;3w