The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1870-11-01
'INHE GRIST MILL
ADDISON cot y


ADDISON Col NlN :. II. j. u. Netherhee
la Chancery. Charles +. Wetheibee,
Angelina Wetherbec and
December Term, 1870. William III. Hoyi.
Sila- H. Wetherbee and jonathan q. Wether-
bee partners, doing business in Port Henry, Coun-
ty of Essex and State of New York, under the
firm name Of :. II. 4 j. q. Wetherbce, 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 +.
Wetherbec and his wife Angelina Wetherbee, Of
Orwell, in said county of Addison, ON the sd day
Of September 1852, duly executed to T.. =. lleus
It's mortga deed of certain lands lying in Or
well 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 - east - IL rods to n stake in the
east side of the road leading to the old Ferry,
thence south 50 east 3 rods and IL links TO Il
stake, thence north l0@ 80 west about 81 IL
rods to the shore Of the lake, thence following the
shore of the lake to the place of beginning, con-
taing about four acres. Also one other piece Of
land living in said Orwell, described a. follows
Beginning little south of the above described
piece and on the opposite side of the road afore-
said leading to the 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 said 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 eefourths of an acre; conditioned for the
payment of certain note dated Sept. %, 1862
and given for the sum of seven hundred dollars
and made payable to tho order of Adela A. Fetch
er IN 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 is enormously described
us payable tie the order of John l.. Hammond, and
that said error arose from the fact that said bust
ness done by the said John l.. as agent of the
u liz. al. H.. .rtn l.1 L. L..
scribed in the condition of said mortgage is the
note first hereinbefore described which said mort
gage deed has been duly assigned to the petition
And further setting forth that the said Charles
f. on the first day of November, 1864, executed
to said petitioners, as partners aforesaid, mort
gage deed of said premises, conditioned for the
payment af his entire Indebtedness to said petit
TONERS a just settlement, in three equal annual
payments from the first day of January, 1865,
with annual interest Afterwards, to wit, on the
2jth day Of April, lsG5, just settlement being
made, il WAS ascertained that the said Charles +.
was indebted to the said petitioners as partners a
! foresaid, in the sum Of four thousand four HUI
bred and three dollars and htty-three cents, which
said sum is now justly due excepting the Of
one hundred dollars which applied upon said
| Indebtedness on the 3Oth day Of November, 1865.
And further setting forth that On the 18th day Of
June, 1865, the said Charles /. was upon his own
petition adjudged bankrupt bS the United states
/ curt, in and for the District OF Vermont, and
| that afterwards, to wit, On the 22i day of July,
| 1865, one William II. lioyt, then Of Burlington
now of the city of New a ork, was duly clected
assignee in Bankruptcy of him the said Charles F.
And praying that the equity of redemption of
the said Charles +. Wetherbee, Angelina Wcther-
bee, his wife. and william II. Hoyt, assignee as
aforesaid in the premises may he foreclosed agree
ably To the provisions of the 10Th section Of the
Goth chapter Of the General Statutes of the State
Of Vermont.
Now 1t being made To appear that the said VIII
liam II. IIoyt resides out Of this State, so that a
subpoena cannot be served upon him. it is ordered
that the said William II. lloyt be required to ap-
pear and make answer TO said petition on the first
day Of the next ed term OF the Court of Chan
Gerry he held at Middlebury, 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 10 he published three weeks sue
eessiyeiy in the Mddlebury Register public
newspaper printed Mt said Middehury, the last OF
which publications shall b. At least twenty day.
prior to said next term.
Given under my hand at Midilcbury. this 18th
day of October, 4. Il 1870.
Il. WAINWRIGHT Clerk.
iaigGs oRMsBrr Solicitors. 303w