Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1876-05-06
CTATE OF VEREONT,} In Chancery.
y ORANGE COUNTY S. s. jDec. Term, 1875.

Daniel u Colby and Preston S. Smith vs.. VII
liam II. II. Ho,card, Sarah c. Cleapeland
and Katharine A. Ho,card.
Daniel E. Colby and Preston s. Smith have
this day filed their petition in the office of
the clerk of said court setting forth that on
the 2lst day of April, 1870, William II. M.
Howard-then of West Fairlee. in said coun
ty. now Of Chicago in the State of Illinois,
duly executed to tho said Preston s. Smith o
mortgage deed Of all the land which tho said
Howard then owned in said West Fairlee,
which said mortgage deed was given to se-
cure the payment of a certain note of hand,
dated the 2lst day of April. 1870 for the sum
Of eight thousand dollars, signed by the said
Howard, and payable to the said Preston s.
Smith, or bearer, on demand with Interest
annually.
And further setting forth, that on the said
2lst day of April. 1870. the said Howard duly
executed to the said Preston s. Smith mort
gage deed Of certain land in Thctforl, in the
county Of Orange, being about two acres Of
land In Union Village. OH which is brick
house and other buildings. and also grist-
mill and mill. privilege. formerly owned BY
Walker and Scott which said mortgage deed
as conditioned to secure the payment of q
certain note of hand for the sun OF two thous.
and dollars, signed by the said Howard, and
payable to the said Preston s. Smith. or bear.
er, Oh demand, with interest annually.
And further setting forth, that the said
Preston s. Smith afterwards to wit on the
same day-duly assigned said notes and mort
ages 10 the said Daniel e. Colby, and duly
endorsed said notes to him, waving demand
and notice. and that thereupOn the said Colby
delivered to the said Smith the full amount Of
delivered the same to the said Ho ward, which
the said Howard accepted and held as the
true value and consideration of said notes
and further setting forth. that said notes are
still due, and no part paid.
And further showing aud setting forth, that
on the 9th day March, 1879 the said How
ard was in want of further Accommodations, and
for the purpose of giving additional security
for the said two notes, and to induce tho sad
Smith to make further advances to him, that
the said Howard then executed to the said
Smith warranted deed, absolute upon the
iu said Vershirc and being the farm which
was decided to the said Howard BY one J. A,
Dewing and further setting forth, that
since the execution of said last named deed,
the said Smithhas made further advances to
the said Howard, to the amount OF two tho
usand dollars.
And further setting forth that on tho 2lst
day of May. 1879, Warren A. Cleveland-then
of West Fairlee, now deceased -sued out two
writs Of attachments against the ,all Howard,
upon which he attached all the land described
in said several deeds, aud which said writs
and are now pending; and that Sarah G.
was duly appointed ADMINISTRATIVE
on the estate Of said Warren A. and has enter
ed To prosecute said suits; and further set
ting forth. that said Sarah c. docs not reside
in the State of Vermont, but resides some
where in the State of New York.
And further setting forth, that since the exc
cution of said deeds from the said Howard to
the said Smith, Katharine A. Howard, the
wife Of said William II. NJ. Howard, has oh
tanned bill o. divorce from her said husband,
and decree for alinony; and that the said
Katharine A. by virtue of said decree. claims
TO have acquired some title or ntesest in some
part of said mortgage premises; and further
showing and setting forth that the said Kath-
srine A. does not reside in the State of Yer.
mont, but resides in Dalton in the State of
New Hampshire.
And pray Ing that the equity Of redemption
u the said William II. NJ. Howard, Sarah G.
Cleveland and the said Katharine A. Howard,
u said premises, may be fOreclOscd.
AoU. then, it having been made to appear
o me. the Clerk Of the court Of chancery in
md for the county Of Orange. that the said
William II. n. Howard, Sarah 9. Cleveland,
nd Katharine A. Howard. reside ont OF the
tate of Vermont and out of the jurisdiction
# said Court. it IL hereby ordered that they
'e notified 10 appear at the next session Of
aid Court Of chancery to be held at Chelsea,
n and for the county of Orange. on the third
tuesday in December. A. u. taS; to answer
t is further ordered, that The substance of said
edition. together with this order be published
n the Bradford Opinion three weeks success.
yely the last Of which publication shall be at
east twenty days previous to the commesce
nent of sail term of said court.
Given under my hand at Chelsea, in the
ounty OF Orange, this 18th day OF Septem.
er, A. ID. 1875.
i9v3 L.G. HINKLEY, Clerk.