Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1876-04-19
IN 'CHANCERY.
I'VE OLE VERMONT ]

y n II VT
WINDSOR COUNTY, IS. Whereas,
Samuel w. Cobb, Of Hanover, in the
State of New Hampshire, trustee of Julia
A. Sabine Of Windsor, in Windsor Coun-
ty, has filed his Bill Of complaint in the
Office of the Clerk Of the Court of Chan
Gerry, within and for said County as fol-
lows:
To the Honorable Co urt OF Chancery
next to be held at Woodstock, within and
for the County of Windsor and State of
Vermont, on the fourth Tuesday in May,
A. d., 1876.
Humbly complaining showeth unto your
Honor, your orator, Samuel w. Cobb Of
Hanover, in the County Of Grafton and
State of New Hampshire, that he now is
and for several years last past, has been the
trustee of Julia A. Sabine, Of Windsor, in
the County of Windsor and State of Yer
mont. That on the twenty fifth day of
May, A. d., 1850, one Ralph Howard, du'
ly executed to the Windsor Savings Bank,
o mortgage deed Of certain real estate,
situated III said town of Windsor, de
scribed as follows, viz: 1t being the
same estate conveyed to me by Asa Ak
ems, by his deed dated the twenty fifth
day of June, A. D., 1912, and recorded in
the land records of said town of Windsor,
in Volume XIX, pages 81 and SO, and is
the land on which stands the quarter
part of the "Tontinc," so-called, in the
village of Windsor, which is now 0ccu-
pied by one Stearns for store, with all
the appurtananCes, together with the use
Of the land in rear Of said quarter part of
said TOntine, and for further DIES cription
reference may be had to the said Aikens
deed, one to the record thereof, and to all
deeds therein reclted and the record of
the same. Said mortgage deed was con-
ditioned for the payment of the sum of
eleven hundred dollars, specified in GER
tain prOmisSOry note bearing date the 25th
Gay of May, A. d., 1885, signed by said
Ralph Howard, by his Attorney, Luther
c. White, and made payable to the said
Windsor Savings Bank or order on de-
mand with interest i-aunually. That
after the execution Of said mortgage and
note US aforesaid the said Windsor Saw
ings Bank, duly assigned and transferred
said mortgage deed aud note to one Sam
uel Alfred, Jr., of Weathersfeld in said
Windsor County. That after the execu-
tion of said mortgage deed and note to
said Ralph Howard, conveyed al. his in
terest in said premises to one Henry A.
Howard, CT Glens Falls, in tie County
of Warren, and State of New York.
Your orator further shows unto your
Honor that one Kendrick r. Howard,
whose residence is unknown to your ora
ator, but he is informed and believes that
he resides somewhere IN the Ter. Of Colora-
do, claims to have some interest in said real
estate, by reason Of some deed Of convey
ance executed subsequent to said mort
gage. That at the May Term of said
Windsor County Court Of Chancery, the
said Samuel Aired, Jr., brought his petit
ton to toreclOse said mortgage, against
Ralph Howard, Kendrick r. Howard,
Henry A. Howard and Samuel X. Stockcr,
which said petition was duly entered in
sad Court, hearing had on the same
when it was decreed by said Court, that
unless the said Ralph Howard, Kendrick
II. Howard, Henry A. Howard and SAM
uel Il. Stocker pay to the clerk OF said
court for the benefit of said Samuel AL
fred. Jr., the petitioner, the sum OF eight
hundred and twenty nine dollars and Sin
ty-four cents, the sum found due on said
mortgage, and the costs attending the
prosecution of said petition, on or before
the first day of June, A. d., 1875, with
interest thereon from the date of said de-
cree to the time of such payment, they
the said Ralph Howard, Kendrick II. How
ard, Henry A. Howard aud Samuel Il.
Stocker, and all persons claiming unto
them shall be forecOsed and forever bar
red from all equity Of redemption in the
premises. That previous to the expira-
ton of said decree the said Samuel AL
ford, Jr., for valuable consideration
agreed to and did extend the time of the
equity ofredemption Of said premises to
the first day Of July, A. D., 1875, as ap-
pears from the record OF said decree now
remaining on file in the clerks Office for said
Windsor County Court, which your ora
tor begs leaye to refer to and that the
same be made part Of this bill.
Your orator further shows toyour Hon
or that the said Henry A. Howard, on the
twenty. day Of June, A. d., 1875,
paid to the Clerk of said Court Of Chan
Gerry the sum of eight hundred and eighty
three and 49, 100 dollars, the amount Of
said decree and the interest on the same
to that date, for the benefit Of said Samuel
Afford, Jr., as by the receipt Of said
Clerk, will more fully appear. Said
receipt is Us follows:
"Woodstock, June 20, 1876: Received
"of Henry A. Howard, eight hundred and
"eighty three and 7S-lO0 dollars, in full
payment OF the foregoing decree,
"GEo. B. FRENCH, Clerk"
BY reason Of the payment OF said de-
cree your orator claims that the said
Henry A. Howard become subrogated to
all the rights Of the said Samuel Alfred,
Jr., in and to said mortgage deed. Your Or
ator further shows to your Honor that the
said Henry A. Howard, afterwards, on
the twenty ninth day Of July, A. d., 1875,
duly transferred and assigned all his in
terest in and to said mortgage deed to
your orator trustee as aforesaid by GER
tain indenturs, which said indenture Is
dated July 20, 1876, and is fully set forth
in the said Bill.
And your orator further shows to your
Honor that said sum Of eight hundred
and eighty three dollars and seventy
eight cents has not been paid to him, nor
any part thereof nor to any person on his
behalf, but the same is now due and ow-
Ing W nlu tosetner Will ialS sc u vi
interest thereon.
And your orator begs leave to refer to
the mortgage deed to said Windsor Saw
ings Bank, the assignment to said Samuel
Afford, Jr.. said Affords petition Of fore
closure aud the decree rendered on the
same, the conveyance ofRalph Howard to
Henry A. Howard, and the assignment or
transfer Of Henry A. Howard to your ora
tor and that the same may be made a
part Of this Bill,
Aud your orator well hoped that tho
said Kendrick II. Howard would either
haye paid your orator the said sum of
eight hundred and eighty three dollars and
seventy-eight cents and the interest that
has accrued thereon, or would have suffer
ed your orator to have peaceably and