Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-01-06
STATE OF VERMONT, Rutland, IS.

STATE OF VERMONT, Rutland, IS.
CALVIN P. AUSTIN,
JUsTUs BENSON, Tern err 1863. > 'sp''
JOHN L HAMMOND,
G. II. KINGSLEY.
Whereas, Calvin P. Austin, of Brandon, in the
County of Rutland, hath filed his petition In
chancery against the above named defendants.
SETTING FORTH that on the Eth day of Max,
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 a 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 Of Zephaniah Nearing
north on lands owned by Ell Root, Gustavus A.
Austin and Lorin Cults; and west on the shore OF
Lake Champlain, and supposed to contain three
hundred and eighty-sX acres OF land more or less,
with a 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 one 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 % September. 1865, said Omstead
assigned said last described mortgage to one John
L. Hammond of said Orwell, and at the same
time transferred to said Hammond said twelve
hundred and fifty dollar note aud took back from
said Hammond an agreement in writing, under
seal duly executed and recorded, whereby it was
provided that said Olmstead should retain an in
terest in said mortgage TO secure the payment of
said nineteen hundred dollar note.
And that O. H Kiug-ipy. Fort DO1ua Ipurs
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 20th September, 1892, discharged I'll acres
l40 rods OF said premises from the mortgage first
above described.
AND PRAYING that said defendants may be fore
closed of their equity of redemI ton in said prem
ises, except from what is discharged aforesaid.
The sand G. I'll. Kingsley, defendant, residing
without the State. so that subpoena cannot be
served upon him,
1T Is ORDERED that said defendant be required
to appear on the first day of the next stated term
of said Court, TO be holden Rutland, within and
for the County of Rutland, aforesaid, on the
second Tuesday of March, A. d. 1870, then and
there to answer to said petition, and for that pur
pose the said petitioner shall cause TO be published
in the Rutland HERALD, printed at Rutland
aforesaid, the substance OF SAID petition and this
order, three weeks successfully, the last OF which
to be at least twenty days previous to said term
of Court, which shall be deemed sufficient notice
Dated at Rutland this 22d day of December,
A. ID. 1869.
HENRY d. SMITH, Clerk.