The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1870-04-26
Addison County,
IN CHANCERY,
Ira W. CLARA


John Ward, William II
June Term, 1870. Ryan 4 samI IL. soule.
Ira W. CLARK, of Middlebury, having filed in
the Office 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.
ecuted TO William W. Thorp n 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 b,
said Thorp by deed dated August 4th, 1865, con.
tanning one hundred and eight acres, more or less.
bounded westerly by land owned by Asa o. Adj
and swanton town line and james Gangs land
n%ortherly by the late Widow Downey's land; east
by the cross roads leading by Daniel Oyitt's 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 are for
two hundred dollars each, and the twelfth note for
three hundred dollars; the first Of said notes due
and payable on the first day of December, A. ..
lso9, and one Of said notes due and PAYABLE on
the lst day of each succeeding December until all
shall have become due and payable, all with inter.
est annually and signed by said John and Henr,
Ward and payable to said W.. W. Thorp, or order.
interest to commence April lst thereafter.
And further setting forth that the first nine
OF said notes have been paid, and the interest OF.
the remaining three up 10 April LIST, 1865, ana
that the last three of said notes, with interes,
since April L. 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
ID. Soule, of It. Adams, in the County of Frank
lin, and the same were duly assigned by said Soul,
to Hiram Bellus, Of st. Adams, and the same have
been duly assigned by said Bellus to this petition.
er, whereof the said mortgages have had due
notice. And further setting forth that on the I'd
day Of November, A. n. ls6S, said Henry Ward
and Bridget Ward, wife Of said Henry, decided
one equal undivided half Of said premises to vii.
liam IL. Ryan, then Of said Fairfield, now of part,
unknown, for the consideration of twenty -one hun.
bred and seventy 1--we dollars.
And further setting forth that on the 22d day
Of March, 1869, Samuel II. Soule, of said Fam
field, was duly appointed Assignee of said VIM.
IL. Ryan, and that on the 18th day of said March
all OF said Ryan's property was assigned to said
soule, Assignee aforesaid, by the Register Of tn,
Court of Bankruptcy.
And praying that the said John, William "A
and Samuel II. may be decreed to pay the peti-
TONER such sum as may DO found due on said
mortgage, and in default thereof may DO fore.
closed OF all equity Of redemption in the premis.
es, and for such other relief as equity and the ma
ture Of the case may require.
NOW II being made TO appear that the said
William IL. Ryan resides out Of this State, % thai
a subpoena cannot be served upon him, II is or
dered that tho said William II. Ryan be required
to appear and make answer to said petition on the
first day Of the next stated term Of the Court OF
Chsneery, to be held at Middlebury, within and
for said County of Addison, on the first Tuesday
Of June, AID. 1870, and that the said complainant
cause this order to be published three weeks sue
,essively In the Middlebury Register, g public
newspaper printed at said Middlebury. the last Of
which publications shall be at least twenty days
prior to said next term.
Given under my hand at Middlsbury this sth
lay Of April, A. D. 1870.
.RA ". oIAsK, sws
Sphu1or,