Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1871-07-15

JAMES Y. GREEN, Admr, to this Court his petition in
AUGUSTA n. BOYNTON, Chancery, in substance NJ
MOSES BIOU Mt, follows, Ia witt
CTS ROBINSON. To the Court of Chancery next
c. COMSTOCK q CO., to I've holden at lrasburgh, |
aud within and for the county nf
NELSON DAVIS. orleans, ON the last Tuesday
oi February, A. u. ISL:
Orleans Vermont showeth that George Boynton,
then Of Newprt aforesaid now deceased and his wife Au-
gusta " Buynton, the 18th day II October A. u. 1865
duly executed to your Orator mortgage deed Of certain land
situated in said town Of Newport aud described as follows
viz;
piece Of land Third Street in the village Of Newport
commencing the boundary of Phneas Pages, on
Third Street, running east ten rss thence north on line
parallel with Third Street to the lake. thence west ten rods to
the line of said Street, and south said street to start
Ing point containing hundred rods Of land more or less
Conditioned for the payment Of certain promissory
bearing date with said mortgage deed for the sum
Of sixteen hundred dollars payable In one year from date
with interest annually, which said note is justly due and
owing your Orator aud has not been paid according Ia the
effect of the same.
That afterwards to wit on the 10Th day October, D.
1869, the said GEORGE Boynton AMI his wife, Augusta Boyn
ton, executed To Moses Blount OF sistd county OF stan
steal Dominion Of Canada, mortgage deed of the aforesaid
land aud premises conditioned for the payment Of GER
tain promsory bearing date ri said deed for the
sum Of one hundred aud nifty dollars.
That afterwards. wit. the lIh day N December A.
H. 1869, Iucus Robinson Of Newport in the County Of Or
his writ If attachment against said George
Boynto, and placed the in the hands Of one A. q Bow
ley Constable to and return that said B'wey Com
stable as aforesaid on sail Nth day December A. u.
1865, said writ by attaching the property Of said
Boynton the aforesaid real estate, and duly returned
said writ to the magistrate signing the same.
That the return day Of said writ such proceedings were
had that said Robinson, recovered u Judgment against said
Doynon for the sum Of one hundred and ortyx dollars
aud seventy cents damages and cost That afterwards
wit, the Nth day Of June, 4. d. 1870, said Robinson
prayed his writ Of execution upon said Judgment and
the day placed the in the hands of > g. Bean.
Dei'uy sheriff in and for the Ccuny u Orleans, to serve
and return.
day Of June A. D. 1870 extended and levied said Execution
upon undivided portion of the aforesaid real estate all Of
which levy completed within five months from the rem
don OF the aforesaid Judgment.
That afterwards to wit on the 18th day Of December A.
u. 1869 Charles Comsock, Of Smstead and Benjamin H.
Steele u IIartand, County Of Windsor partners in business
under the and firm Of Comstnck q Co., prayed out
their suit of attachment against said George Bynto, and
placed the the hands nf A. g. Bowlcy Constable to
and return, that said Bowey, Constable aforesaid
served said writ by attaching the aforesaid real estate, and
returned said writ Ia the magistrate issuing the same
That the return day of said writ such proceedings were
had said suit that said c. Comstock Co. recovered
Judgment against said GEORGE Boynton for the sum of eighty
three dollars and eleven cents damages and cost.
That afterwards to wit on the oath day of June, A. d.
1870, said Comsock and Cos prayed out their writ Of Exc
cution precated upon said Judgment and the day
placed the in the hands of 3 q. Bean, Deputy Sheriff,
within and the County Orleans, and return.
That afterwards wit, the 9TH day Of july A. 1870,
said Beam Deputy Sheriff aforesaid levied and extended
real That said levy made and completed within
five calendar months after the rendition Of said Judgment
That afterwards 10 wit on the 18th day Of January A. d.
1870 said George oynton his wife, Augusta " oynton,
executed to Nelson Davis Of Derby in the County OF Orleans
deed Of the aforesaid real estate, conditioned for
the payment Of two promssory notes, dated July 1s A.
d. 1864 for the Of two hundred dollars and one dated
April l5th A. D. 1867 for the sum of one hundred and fifty
That said Moses Bount, Iucus Robinson, C. Comstock
and Co.. aud Nelson Davis claim equity of redemption in
said land and premises
That since the execution o the aforesaid mortgage and the
rendition Of the aforesaid judgments and the making Of the
aforesaid off, said George Boynon has deceased and
James Green Of Newport aforesaid has been by the Hon
orae Probate Court within and for the district of Orleans
appointed Administrator Of the estate of said George Boyn
ton.
Wherefore your Orator prays that the equity Of redem
ton of the said George Boynto James u Green, Admins
Of said oynton Augusta ~ Boynton, Moses Rount
Iucus Robinson Charles Comock, Benjamin IL. Steele, and
Nelson Davis in the premises may he forecosed agreca to
act to diminish the expense of forcclosing mortgages IN
equity.
&. q. GOODRICH
BY j. 7. ALLEN, his Solicitor
Aud It appearing that the said Augusta N Boynton aud
Moses Bloun gone without the State that the usual
process subpoena be served upon them according IA
law, and that they have had legal notice Of the tendency
this suit.
1t is therefore ordered that the substance Of this petition
together with this order be published three weeks successfully
in the VERMONT FARMER. newspaper printed at Newport
aforesaid the last publication to lie least twenty days pre-
vou the stated Of this Court to he held Mt ras
burgh the sixth day of September next which publication
shall he deemed sufficient notice to the said Augusta and
Moses to appear and make answer to said petition.
BY order of Court.
l. n. CISIIMAN, Clerk.
i, Il. ALLEN. Solicitor. 3l-3