Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1875-04-24
George w. Chamherlin
and Horace Il. Chamberlin In Chancery:
.. Orange County,
Cephas c. Chamberlin, June Term,
Moses r. Chamberlin ID. 1875.
anl John T. Chnmherlin

.. Orange County,
Cephas c. Chamberlin, June Term,
Moses r. Chamberlin A. ID. 1875.
and John +. Chamberlin.
The above named Orators filed their bill in
said Court at the above named term setting
forth in substance that on the day of
A. ID. Is the said John f. Chamberlin be-
ing owner of certain lands in Newbury, Yer
mont, the same which were conveyed to him
by Moses ChambeIlin by two deeds dated Ju
~ II, 1889. reference to the records of New
bury for description, sold said lands to said
Cephas Z. Chamberlin Of Boston, Massachll-
sets. for the price of ten thousand dollars,
and on the same day conveyed the same by
deed to said Cephas c: That said Cephas G..
then executed his note to said john f. for the
sum Of $40, 900 the consideration of said pur-
chase: That May Both 1861, said Cephas C,
sold the same lands to the Orators for the sum
of nine thousand dollars and executed his
conveyance of the same to them and the Ora
tors then executed and delivered their notes.
nine for one thousand dollars each dated Anil
|, 1861, payable to said Cephas C. interest an
nnally, one in each successive year till all
paid: And executed a mortgage of the lands
aforesaid ITO secure said notes: That said
John f.. then held and owned said uots OF
said Cephas c, to him for ten Thousand dol
lars, no payments being made thereon and
said Cephas c. agreed with said John E. and
the Orators to. and did deposit the Orators
notes with said Moses X, Chamberlin, and
that the Orators should make pa,mcnts on
their notes to said john Il. to be applied by
Joliil H. ON sad ten thousand dollar note, and
such payments should by so much diminish
the notes of your Orators 10 said Cephas c.
aud payment of the amount due on the Ora
tors notes, into the hands of said John f.
should entitle them 70 have delivered IN their
said notes to be Cancelled and have said mort
gage discharged that said Moses r. accepted
the custody of said notes under the above
agreement. and SO held them for MANY wears;
that they have from time to time, made pay
ments under said contract to said John Il.
which were received by him as payments and
to be applied on said ten thousand dollar uote.
enough III all, to satisfy their said notes to
Cephas c. and they have demanded of said
Moses X. the delivery to them Of their said
notes, but said Moses II. refuses to so deliver
them, and they have in some way gone into
the hands of said Cephas G. and that as they
are informed and believe that said Cephas G.
obtained possession of them in clandestine
ana fraudulent way to defraud and vcx the
Orators, and all in violation of his said agree
ment and as they are informed threatens TO
fOreclose said mortgage AID so defraud the
Orators; and insist that said payments to said
John f.. shall be applied to disc barge the Ora
to"s from their said notes to said Cephas c.
and praying thar said John L. may be compel
ed so to do. and said Moses X. and Cephas C.
docreed to deliver up the Orators said notes to
be cancelled. Process of subpoena having is.
sueu from salu SOurt commanding sad Ce-
phas c. and said Moses II. and john E. Cham
berlin to appear at the term of said Court in
and for Orange County held ON the first Tues
day of June 1874, and having been duly serv-
ed on said Moses X. and John f. and duly filed
and entered in said Court at said term, and it
appearing that said Cephas G. resides out OF
this State,to wit. in the State of Massachusetts,
Said cause was duly continued from term to
term for notice to said Cephas c. by publica-
ton. And now it is ordered that notice be
given to said Ccphas C. Chamberlin to appear
before the Court of Chanccry next to be held
at Chelsea in and for said County of Orange
on the first Tuesday of June next. to answer
to said bill of complaint and staud to and
abide all such orders aud DEGREES as shall he
made in the premises by publ. hing the sub
stance of said bill together with this order
three weeks successive V in the Bradford OpIN-
ION, newspaper published in Bradford in
this State the last of which publicat ion to be
at least twenty days previous to the term
aforesaid.
Given under my hand at Chelsea in Orange
County this Sth day of April A. ID. 1875.
l.. G. HINCKLEY, Clerk.
{. ". Ses s4sxs,, Solicitors.