Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1876-05-06
NlATE or vERMONT,( In Chaneery.
y ORANGE County \. \. I June Term. 1876


j. NJ Palmer W George o, Stevens, Charles Sc.
vems, Cdrios Carpenter and Charles Tenn
pietOn.
WI sreas ]. M. Palmer of W,lliamstown. In
IN. connty of Orange. has t,jcj in The office
al thv cerk of said court OF chaucery. his pe.
titiom Of foreclosure setting forth that Geo.
III Stcv.ns then of barre In the county of
washington, but now residing In tho state Of
indiana, on the 26th day Of March, A. u. 1870.
imiv cxocutcd 10 one Bnrrage d. Marsh, then
tain land sit,I"tc an,i being In the town Of
Wiiliamstown county Of Orange aforesaid,
iescrihci ma follows. 10 wit: being tho same,
and nil Of the land aud premises conveyed "
the snid George G. Stevens by the said bur.
rage ID. Warsi. and wife, by their Joint deed
dated the !6th ,lay of March, A. d. 1870, con.
tanning about one hundred and twenty.sevsn
acres, no tho same more or less reference
being Ind to said deed for n more particular
description that said mortgage was oontit.
ioned for the payment Of fOrtv.hvc hundred
dollars and interest annually, IA specified In
ten certain prOmissOry notes In writing, all
executed by the said George G. Stevens,
bearing date Of tho 10Th day Of March. A. d.
1870 and. ayable to the said Burrage ID.
Marsh, or bearer, described as follows. to
wit: Two Of said notes given for the sum Of
three hundred dollars each ono payable on or
before the 2nd day of April, 1871, the other,
on or before tho Ind day OF April, 1877; seven
Of said notes given for the sum Of five hun.
lrcd dollars each, md PAYABLE one respect
lively on or before the md duy Of April, In tho
years I8734-5.67.8 aud 3, the tenth note given
for the sum Of four hundred dollars and pay.
able on or before the End day Of April. A. i.
1880, ali of said notes on annual interest after
the 1T day of April, 1870, and were given as
u y, TT o. the purchase money Of said premi
SEES aud further setting forth that after the
execution of said mortgage, to wit: On the
LIST day of April, A. d. 1876, the said Burrage
ID. Marsh, for value by HIM received did, by
an instrument In writing by him signed aud
sealed In due form Of law. sell. assign, and
convey unto the said j. NJ. Palmer, ull his
right, title, aud interest Ia and to said mort
gIge uni the notes thereby secured. then,
and still unpaid; and all his right. title. and
interest in ami to said Mortgaged premises,
to the said j. NJ Pal'ncr said mortgage, aud
tho five last notes therein described ~ above
set forth by which the said j. NJ. Palmer be-
came and still Is the lawful bearer thereof;
and further setting forth that neither the
above mentioned notes OF hye hundred aol'
lars which ~ the tenor ana enect ot Tue same
was due and payable on the ?nd day OF April,
4. d. 1876 nor any interest which has accrued
Sincd April LIST, 1871 ON the said nve notes
holden as above set forth by the sail .. n.
Palmer, which was justly due and OWING to
the order aad a oee 81, paid according 10 the
And further setting forth that on or about
the 9th day Of November, 4. D. 1874 the said
George c. Stevens duly executed in due form
Of law mortgage deed OF the same premises
thereby conveying the same to Charles Tenn.
pletOn and Carlos Carpenter both of Barre.
in the county Of Washington, VT, and Chas.
Stevens Of stowe, III the county of Lamoille,
and State Of Vt. who by virtue Of said deed
have M interest in said property that the
said George e. Stevens on or about the
day Of March, A. d. 1876 leased said property
to the said Charles Stevens, for the term Of
two years, who has the occupancy and pos
session Of the same, whereby the said Charles
Stevens has seperate interest in said estate;
and further setting forth that the petitioner
is the owner holder, and bearer OF the five