Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1876-04-26
IN GlaSNCElsY.


STATE OF VERMONT, !
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 Court 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.
\. d., 1876.
HumbIy complaining showeth unto your
llon0r, 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-iifth day of
May, \. d., 1850, one Ralph Howard, du.
~ executed to the Windsor Savings Bank,
Il mortgage deed Of certain real estate,
situated III said town of Windsor, de
scribcd as follows, viz: 1t being the
same estate conveyed to me by Asa Ak
ems, by his deed dated the twcnty-tifth
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 0uarte +
part OF the "Tontinc," so-callcd in the
village OF Windsor, which is now eccu-
pied by one Stcarns for a store, with all
the appurtanances, together with the use
OF the land in rear of said quarter part of
SAID Iontinc, 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-
dlloned for the payment of the sum of |
eleven hundred dollars, specified in Ger
tain promSsOry note bearing date the 25th |
cay OF May, a. d., 1850, signed by said |
Ralph Howard, by his Attorney, Luther
I. White, and made payable to the said |
lndsor Savings Bank or order on de-
mand with interest semi-annually. That |
after the execution Of said mortgage and |
note rs aforesaid thg said Windsor Say
lngs Bank, duly assigned and transferred
SAID mortgage deed and note to one Sam
uel Alfred, Jr., of Weathcrsfield in said
Windsor County. That after the cxecu-
ton Of said mortgage deed and note to
said Ralph Howard, conveyed al. his in
tercst III 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 II. Howard,
whose residence is unknown to your ora
ator but he is informed and believes that
he resides somewhere IN the Ter. of Colora-
10, 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
tlon to torcclOsc said mortgage, against
Ralph Howard, Kendrick II. Howard,
Henry A. Howard and Samuel r. Stocker
which said petition was duly entered in
said Court, Il hearing had on the same
when it was decreed by said Court, that
unless the said Ralph Howard, Kendrick
X. Howard, Henry A. Howard and SAM
uel H. Stockcr 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 six
ty-1our 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 te the time Of such payment, they
the said Ralph Howard, Kendrick r. How
ard, Henry A. Howard and Samuel X.
Stocker, and all persons claiming unto
them shall be foreclosed and forever bar
red from all equity of redemption in the
jsnS l,nf, IL,
ton of said decree the said Samuel AL
ford, DR., for valuable consideration
agreed to and did extend the time of the
equity ofredemption Of said premises to
the first day July, A. d., 1875, as APP
pears from the record of said decree now
remaining on file in the clerks Office for said
windsor County Court, which your ora
tor bcgs leaye to refer to and that the I
same be made part of this bill.
Your orator further shows to your Hon
or that the said Henry A. Howard, on the
twenty-ninth day of June, A. d., 1873,
paid to the Clerk of said Court of Chan
Gerry the sum ofeight hundred and eighty
three and 7S-l00 dollars, the amount of ,
said decree and the interest on the same
to that date, for the benefit Of said Samuel
Afford, DR., us by the receipt OF said
Clerk, will more fully appear Said
receipt is as follows:
woodstock, June 20, 1885, Received
''of Henry A. Howard, eight hundred and
"eighty three and 7Sl00 dollars, in full s
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 Ofthe said Samuel Alfred.
Dr., 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, t
duly transferred and assigned all his in l
terest in and to said mortgage deed to {
your orator trustee as aforesaid by GER
tain indenturo, which said indenture is
dated July 20, 1875, 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 to him together with large arrear of
interest thereon.
And your orator begs leave to refer to
the mortgage deed to said Windsor Saw
lngs Bank, the assignment to said Samuel
Afford, DR.. said Affords petition Of fore !
closure and the decree rendered on the J
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 n
part of this Bill,
And your orator well hoped that the S
said Kendrick r.. Howard would either s
haye paid your orator the said sum of a
eight hundred and eighty three dollars and
seventy-eight cents and the interest that ,
has accrued thereon, or would have suffer- {