Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1875-04-24
Gilman Bagley, Or,, Corr+v Corrt
.. Y,'S'
AlOnZO Richardson bcccihoci i'i" 200

Whereas Gilman Bagley of Topsham, il,
the County of Orarge, commenced his action
of Covenant broken, against AlOnzo Richard
son of said Topsham, rcturnable to the Coun-
the County Of Orange on the third Tuesday OF
December A. d. 1874, declaring in substance
that the said Richardson OH the 81 day of
April A. ID. 1871, at said Topsham, Executed
and delivered to the said B..gley his deed of
a certain piece of land in said Topsham, de-
own on the South side of the road lead
ing from West Topsham village to lions Hill.
ESQ callcd), by the grst mill and the black
smiths shop belonging to Almon Pearsons and
Southcrly by line running from the South
IEasterly corner of said shop: on the Nathan
l3agley land to the river. and Eastcrly by said
river. being the mill house and land so called"
All for the consideration of three hundred dol
lars, and that said Richardson did in and by
SAID deed covenant with the said Btglny.
that said premises were free from every in
cumbranct, and that he, the said Richardson
had good right and title to convey the same,
and that he would warrant and defend the
same, against all lawful claims whatever, and
that the said Richardson has not kept his
covenants. but has broken them in this, that
the said Richardson on the 2lst day of May
a. D. 1870, executed a mortgage deed, signed
and sealed by him, of said premises, to James
NJ. Smith, William Whitcomb and Benz. Cook,
partners, and doing business under the firm,
name and style af Smith. Whitcomb & Cook.
of Barre. in the County of Washington. And
that said mortgage has in no way been dis
charged, but has been torecOscd against the
said Richardson and the Plaintiff. And that
there is now due in Equity on said mortgage
about nineteen hundred dollars. and the said
Defendant has in way paid said sum, or
provided for the payment of it that the Plain
tin has been put to great expenses, and has
lost entirely said premises, and has been put to
great expense in repairing said premise, and
has lost the same. And the Defendant refuses
to keep his covenants.
And demanding one thousand dollars dam
ages.
And said suit having been duly entered in
said Court by the Plaintiff, and it appearing
that the said Richardson resides out of the
state, and that no personal notice has been
had by him of the tendency of said suit. Said
suit is continued for notice to the defendant
to the next stated term of said Court, next
to BIO holden at Chelsea, as aforesaid on the
first Tuesday of June A. ID. 1875. And it is
ordered by said Court that notice be given to
said Defendant, by publishing the substance
OF the Plaintiffs declaration and this order of
said Court, and the time to which said action
paper printed at Bradford, in said Orange
County, three weeks successfully, the last of
which publications to be at least twenty days
previous to said first Tuesday of June A. ID.
1878. that said Defendant may appear and an
swer to said suit which shall be sufficient no !
tice to said defendant of the pen dency OF said
suit to said defendant
Dated Mt Chelsea in said Orange County,
this 18th day of April A. ID. 1875.
S. b. HEBARp. Deputy Clerk.
r. NJ. HARVEY, Atty. for Plaintiff.