St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1876-01-28

that James T. Sumner .r, of Dalton in said county
Of c, as held mnrt%ag" 'herc"n I" secure certain
sum of money and Ia him for certain liablIl
ties as therein specified that said ''e"rG" n
Bingham of said Littlrt"n held Il mortgage thereon
To secure "A sum of money ~ therein specIhed; that
Srriah Wright "f LImrnburg i'll said county OF
ESSEX held Il mort gage thereon to secure sum of
money as therein specified and that Nathaniel W
French of SAID inrnbulS htIu Il mortgage thereon
to secure him against certain liabilities as therein
specified. all of which mnrtg cages were mad" by
said James Il. Sumner, and are duly recorded IN
the office of thu, county clerk for the county of
ESSEX and which are referred Ia. That when said
mortgage deed t" your Orator was made by said
James l. sumner. a certain contract and lndrntnrc
under the seal of the parties had been entered into
dated January /, IS1I, by and between said James
H. Sumner part and Charles Davis. Eli Han
SON George W. fiske and Joseph {. Lewis. part
nrrs under the name of the IinlN"kc Lumber Com
pany OF the other part, by which il was agreed in
substance that said James u sumner sold and con
y,.\cd to said other party three undivi led seventh
parts of all the pine. spruce, cedar and tamaIack
timber above the size al foot i'll diameter at the
STUMP. ON said town ni Lewis. AMI giving said
company the election to huy said three seventies of
said town = certain price Til" tim" for said rlcc-
ton being now past and said company not having
elected to buy the same. and said company did
agree with said James L. Sumner that they would
pay him the of two dollars per Thousand for
spruce. cedar and taInarack, ami hvc dollars per
Thousand for pine. and to take such amount at
timber at said price. each Ia amount To- thu,
sum of ten thousand dollars. and ~ much more As
they might and may elect do till all of said tim
Der is cut and taken And said llolynkr Lumber
Company said first day at January 1-73 made
and delivered IL said James L. sumner their
iss"ry notes for the sum of twenty Thousand dollars
PAYABLE To said James Il. Sumner order ten
thousand dollars of said payable, in one wear
from SAID date, and ten Thousand dollars in two
wears from TIA" first day of April l-I3 without in
lrrt~t payments Ia 20 on the timber 1" b, taken
from said rItIS of said town for thu. YEARLY
cuttings III the wears ending july l. ~ and I-7i
and providing that III cas-" Ia" company shall elect
yearly CT any year I" cut such u quantity of timber
that thrcc-s.vcntlI- of the StmmIa-,. thereof at
the price aforesaid shall amount tn more. than ten
thousand dollars for which notes Were. given or t
.'r given then they Were to pay to said lanes H. |
sumner "i thr"rs"NrntlIs "t said surplus stump
49, on SAID Sumner ssIrc AT the prices aforesaid On
thr first day Of april "t'ch and every year that any
such surplus shall b- and taken And said
company agreed and covcnantcd that they wonId
TIA" first day Of January l-7i and on the. first
day OF each succeeding January after till all of the
timber l. cut and taken execute t. tl, said James
3. SUMNER or his order prnmiSsnrV notes without
interest 1" tn" amount at ten thousand dollars nay
i"I" IN one year from the ir-t day of April next |
alter ihr dit" "i TIA" giving of said n"tc~. but III
r;is' on the last year Of cmtin. thr, not timber
'n"ugh I" conn" t" ten thousand dollars then thu, |
notes I" he gwen only for The ,-~iuat,d Ia
remain. and providing that yearly and in all eases
and under all circumstances the. said JYIu,.. Il
summers three, S,v,rlili~ or share. of rI. ti,,,I ont
~hal remain and Ice his property Till The. StunI.,..
therefor l. paid. whenever the same, Is rvi,I,.nr,d
~ tn" notes given or t" h- given tS provided in |
'ald agreement. and III said AGREEMENT it j. sci
i"rth that II Is understood thai there were, mort
.tscs "n tn" premises and that said summer .lnuIJ
H'" III" said company from the SAM, and said
-t-Ittlnrht provides that said timber shnud h,.
carefully surveyed and TIA, amount :r,c,.rt,irrd in
manner particularly dr-'Iih,d and said unt,, Ia
De, III PAY therefor Thai t., an .,,,,,.,,,,t IN
i"r'd mt" on the FIRST diN 81 January \ /, I--I
Il "h~ agreed 10y and between sad iinlvnL- lin
Der t"mPinN aud said lanes T. sumner and T.r..-
; SUMNER IT.. that tl- provisions ct the. said in
tnt"r, ana a-ir"m"nt IN r"sard t" the three Soy
.ntl- 81 tn" said township of Lewis lee. rvt.ud,d
'hr \'ai thu "i''t al which agreement WAS to pro
ldt that u" not Mere Ia h,. given and unu,. "A
avn on Tia" fT>t day "f January - That ,,iJ
Eli Hanson and 'r'i@- " Fisk. have ceased T., i
i"l lu"I- IA SAID iI"ly "hr Lumbar Cuui,ar,, and
aid hirl-~ Davis and Joseph g. L,wi, are tL
'ulS persons INTERESTED therein. That aid i,,r,..
s. sumner died about II, months ,.,, t-, ., ~
nal ~ild l'""I"" y Bingham and liza : NJ Cow. !
md sud IHm-~ ~. Nufuu'r .Ir are thu. ,.>-cur,r,
i Ia, last viii and testament i'll N"y lIanl,>hir.
nd aIlr- l.. l"ut"u Of Guildhl in the. comfy If
Vermont. "
hat sad agreement So made between said I,,u,
- summer ar'i aid i,N"k, Lumber Cnnrrany
'h- Il Is Recorded III the "', OF Tie. county ,I,rL
Il Nhd county 81 !>s'N- That the estate. nf said
l"'~ - >'iini.'I deceased - in~nN,ut and t.ht.
ia" from INN ami mol SECURED an, of H.. ,.,Iu,.
hat IsIi" from the tlmh": grow m. thereon ,aid
"NH>HI" i Lewis l. OF value and rli tl,. MN.
rrTuC' cedar and t.iuar,k az. tl,,. only fi,,,I,
h"r""n that l. "i any u:tIkctthl, ,tlu, Ih,I th,
.ru~ duo. IN equity on said several ,,,,,.. ,t.
'ri" made L. aid several muIt--,,.~ mr., inns H.
y" inert -r {" A"ul DI.r"r .i,- un,, rtrlIi .r,I H.
mount Nh"uId i" AN'"rtaIurd to- your Honorable,
curt nov =" II l. may ~ pl,ii-. your Hon ,r.,I,I,
"uri mat III" sad James 3 sumner IN concert
NIlh IA" persons hereafter named rntrmdin., in d,
ear 't" N'|"rltN ct N"nr Orator ~ given him l.,
''N 81 N'i'i lll-i dli 10y certain WTitiu.. uuT
"IIIh- I" h' dated ApTIl 18th I-l3 ST forth iIr.t
'Im"H l.. sumner u. mad signed indnr~rd and
'thviwl~r become liable for divers r,rr,-s nj HI
Eud Tor him - Trustee. :.tl-riu,. >ur,u., ,'r
am monies. ami that hc had .iy,n sid I.,u,u \.
-umu-I II - mort .i.,. lIa,ri thru. s,,.,tIl
""h>"lP"i - j. IL security tuT said ,ril under
.ihIn--. and that h- had ni: another ru,rt.,. ia
re n Inn nam {" secure the payment of about
d''S L. sumner did assign tn The. said .l.u,. u /
.uIuurI 'lr. tho sud agreement and ind, MN. -
1t, ~" ok l.!nH"'i "InmnN {" his and
'mnt M III" conditions of TIA" said unrt.au,. "a, ,
ant i'In-hain and t" said LANES t. sumner II arr.
uilN performed. That said James |: sumner Ia, I
e., lam other "ililn- dated prii Iuih - ia
uI' Tiakr 1" assign and transfer L. said I,u,.s II
runner ii TRUSTEE and Administrator '.,Ii,,rin,.
un"I the >iId uiruluI, 81 the IInllnk,. | T,r,I,,
"mrHny. and SAID .Iam,.~ T. sumner .Ir Ia L,,.
mi I" hold thu same suffice; To- said Other $50,
'Ii I" his iull h,nriil and I'LL he shall bIy,
ana !" '''"lS' bingham and \l"nlu = t,ri..r. {
- ms sad James Il summer Two lr,f..> for ,,,
ny hundI'd dollars ,st,h paw able ON, T., .,i /
''h-''i' ana one I" sand Carpenter dated The. "a
'N "' January - aud secured hN nort.:,.,. ON &
IId l." uNhr 81 Lewis and nth,.r land of ,[i1 I,
M ~ii'l u"t"> and Il~ &" hold said u,i..ntrr,. IN
o. >h"hid h' tuliN pad Tor al, nriua and ,,.,-i,
lIi m ham and Carpenter their aid nnt,,s +anJ I
ans, II a. rustic and administrator aforesaid Lis
and lanes l. sumner : min. ind, It.i, In i.e
' >.''" hn,> Il sumner il Trustee. is aIr,y,
\ hiS mott i"r >-..'i- ~ secured To- Inn l., m,,rr
~, ""''l '''I""'i - FL and authorizing him '
hh\r ami collect f'I the aforesaid I,ur.,ss ali e.
~ IilH' h"i'H ana moneys that shall h., made. and :
az from said lt"l,"kr Lumber CuInt.,r,, a.. tL ~
't"In'" 81 their said iLduiuIr subject tn sad II
'>'"uI> .-l''h't- That SAID Ilus> :; sumner l.
ar'> u sumner Ia tir"iu- 4 Eiil-li1rn and NI,,
aiTnt'r with intent To- wrnn., Xnur O,.,tnr "
t defeat his security l., way of sIiJ ,,,.,.,.,r
REQUIRED SAID last mentioned ,ssi..,,,,,,,, -,
mi DAVIS and Lewis intend t. i've Ihr n,,,,., ,t
"d HOLY" Lumber t"miauN for Tho. sum of Ten
I"">'hh dollars on the inst day uf .Iauu,r, u.>t
r"inpE'nc" with said agreement f., sliJ J.,,H, !
~ al >lId james sumner or tn ,aid I.,r. r.
MINI as th ASSUME Of said indrntur,. or
nj lhhi N"ui Orator has requested s.,id >.
'N"idl m"tigat"'S I" exhibit L. him I'M. ,,r,,,t
e." 'l'' ,-> raj NOR 'ig'S and he has rruu,.,t Il
The SAID Bingham. ,iulr lame, /; Suu,r,i II, -,
at nrl"nt'r I" permit the notes L. h,. ,,i,,p h.,
IL" ii"\"N" Lumber "mpHny I" III, used as thrl ]"
lIuld h, L. IiN the murt.,,,,., .r,n,,,, ,,N fin
MS own aud after they shall IL. rxtinnri.b,d Ia /,
~ OF ms own claim and mortgage. huI tb,., -, =
49, :" !" h' AMI insist thai without REGARD t ~ al
-ht {" A"ui orator they will us, ih, sam. IL, ma, T..
iH >'" t''l"''H Il'lS created 10, said assignment
">iil'h' t'N"lr ORATOR. said mort gaze. All OF ,
~" i'i'',-s ana h"n-N ~" contrary t" equity 10
I" -"'n ''li>'I'i'c and tend To tn. manifest ! II
i"hG anu injury "t N"ur Orator in The. r,r,,,i. tI
constellation whereof and tor a. much y"ur
"t"I can have adequate relief only in a ,,,uIt a.
iiN where matters of this nature ar,. ,,rn,.,L II
.nHhlr and r"lirNahl, To TIN. end tb,,ii.,,. ! -,
At the said attendants fn VIII. s,iJ I.,, ~, "'
II 30 smith. lanes Il sumner .Ir r,,rr | Z"
n5han Ira : VI 'I"vr. Krriah Wright NatLlniI | c
frInch' NI"hz" + arPcnrcr. Charles Davis and
HrPh Lewis may upon their several and r,.snac
:" corporal "aiiI~ t"thr best and utmost f ill.,, he
N'thl ana respective knowledge information and Ia
't,.. rue .ir"ct and perfect answer make To y,
'''" ing 'I'ii inc matters aforesaid. and that rs
ny ana particularly As if the same wrr, her.. r.,
And they and every one of them distinctly. =,
rr"stcd thereto, and more. especially th,t ,h
\"rallN answer and set forth the ar,urt ,i,. ~!
IN several mort gag given To- each as aforesaid
IN an 'h" particulars to the cnusid.r,ti,n
," .. 81 money Iaid OF lent To said lanes r
inner INCREASED tn" amount "f interest included a,
the securities and the rate of interest," anJ -
l'lt 'S IN the cist' Of SAID lanes Il sumner &c
~ ,'''"ii'l,S he incurred and how much h. h,s 81
!" thereon Tor said deceased and when and 10 Iii
"hl' ana az IN" particulars relating thereto and
At ia" siid bingham. CHrpcnirr and T,r,,. ~ les
inner y answer and SIN whether Ly s.iJ I,
nl"l'ti assignment OF said iudcmtur,. thry ar H.,
w ~. i" Iih" from N"ur Orator his security
any 81 men SAID mortgages And that sai1
WIS aud evils ''''' Htlu 1