The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1870-10-25
.HE GRIST MILL
! Charles r. Wetherbee,
Angelina Wetherbee and


In Chancery. Charles +. Wetherbee,
Angelina Wetherbee and
December Term, 1870. William H. Hoyt.
Silas II. Wetherbee and Jonathan O. Wether-
hoe partners, doing business in Port Henry, Coun
ty of Essex and State of New York, under the
firm name of :. II. i j. G. Wetherbee, having
filed in the office Of the Clerk Of the Court Of
Chancery in and for the County Of Addison, their
bill, setting forth in substance that Charles +.
We.herhee and his wife Angelina Wetherbce. of
Orwell, in said county Of Addison, on the 23d day
Of September 1862, duly executed 10 +. Z. Heus-
It's mort gage deed Of certain lands lying in Or
we'll aforesaid, and described as follows; Begin
ming on the shore Of Lake Champlain at place
where n hole is drilled in the rock, thence running
south > : Is east q 10 rods to stake in the
east side Of the road leading to the old Ferry,
thence south 80 east 81 rods and IL links to
stake, thence north los 80 west about Gl IL
rods to the shore of the lake, thence following the
shore of the lake to the place of beginning, con-
/ tang about four acres. Also one other piece of
! land lying in >aid Orwell, described follows
Beginning little south Of the above described
piece and IN the opposite side Of the road aiorc
said leading to tn. Ferry, and at the easterly end
of the stone wall which leads from said road to
the Lake shore, thence in the line OF said wall to
the shore Of sad lake, thence following the shore
Of the lake to said road thence in the west line Of
said road to the place of beginning. containing
about three fourths of an acre. conditioned for the
payment of IA certain note dated Sept. %, 1862,
and given for the sum of seven hundred dollars,
and made payable to tina order of Adeia A. Fletoh
or on or before Sept %, 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 il enormously described
us payable tie the order of John l.. Hammond, and
that said error arose from the fact that said bust
ness was done by the said John L. as agent Of the
said Adela, and that the note intended to be de-
scribed in the condition of said mortgage is the
note first herenbefore descI ibed, which said mort
gage deed has been duly assigned to the petition
ers.
And further setting forth that the said Charles
+. on the first day of November, 1854, executed
to said petitioners, partners aforesaid, "A mort
gage deed Of said premises, conditioned for the
payment at his entire Indebtedness to said petit
TONERS just settlement, in three equal annual
payments from the first day of January, 1865,
with annual interest. Afterwards. to wit, on the
18th day Of April, lSdj, just settlement being
made, it was nscertained that the said Charles +.
was indebted to the -aid petitioners partners a.
ioresaid, in the e fur thousand four HUI
bred and three d"ilar- and Gity-hree cents, which
said sum is now justly due excepting the sum Of
one hundred dollars which wa applied upon said
indebtedness on the 5oth day Of November, 1865.
And further setting forth that on the 10Th day OF
June. 1865, the said Charles F. wa upon his own
petition adjudged a bankrupt by the United States
curt. in and for the Distrc, OF Vermont, and
1865 one William II. Hoyt, then of burlington
now of the city of New siork. wa dul, elected
assignee in Bankruptcy of him the said Charles F.
And praying that the equity Of redemption oil
the said Charles +. Wetherbee, Angelina Wether.
bee his wife, and William II. Hoyt, assignee a'
aforesaid, in the premises may be foreclosed 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 uladr 10 appear that the aid viii
liam H. Iloyt resides out Of this state 81 that
subpmna cannot he served upon him, il j. ordered
that the ,,ii William II. Hoyt he required to ap-
pear and make answer tn said petition the first
,ay of the next sta ed term of the Court of Chau
cery To hr held at Middlehury, within aud for said
County Of Addison IN the second TUESDAY of d..
cslnber 4. u. l.,u, aud that the -ai complainant
cau-c thu "td,r t. bee published thrr, "trA, sue
cessi,rly ia i'.r Middlebury Regi,t o., II public
newspn per printed at said Midil-bur,, the last III
which publication. shall he At lea,, twenty day
prior Ia said neat term,
Given under my hand at Mi,ldlebury. thi- l't'
day of October. A. % 1870
Il. WAINWRIGHT, Clerk.
BRIGGs ORnsBEr. Solicitors. 30;Jw