Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1876-04-29

' as conditioned to secure the pnymcu, of "A
certain note of hand for The hum ui twu lhou,,
ahh dollars, signed hy the said Howard, aud
payable Ia tho said Preston \, Smith, or hear.
or, "a demand, with interest annually.
=, And further settins iorth, that the said
Preston \, smith afterwards Ia Wit op the
same day duly assigned said noies aud mort.
ages To the said Daniel T., Colby and daily
endorsed said notes Ia him, waving demand
aud notice, and that ther, upon the said Colby
delivered to the snid Smith III" tnl amount oi
said notes; aud the raid Smith ihereupon
delivered the same "a the said Howard, which
the said Howard accepted and held rs the
true value und consideration Of said notes
aud further setting forth. that said notes are
still due, and M part paid
Aud further showing aud setting forth, that
On the Nth day March, ls'2 the said Ilow.
ard wa, In want of further accomohal ions,und
for he purpose "f giving additional security
Tor Tie said Two notes aud Ia induce the sad
Smith tn make further advances to him, that
the said Howard then executed to the said
Smith u warran'ee deed absolute upon tho
face of II, for the purpose atorsnd, Of u farm
IN said Vershiro, aud being the farm which
was decided 10 the said Howard by une j, 4.
Dcwing and further setting iorih, TINT
since the execution of said lust named deed,
the said Smitbhis made further advances To
the said Howard, to the amount ol two tho.
usand dollars.
day Of May. 1872, Warren A. Glevcan,l--theu
of West Fairlee, now deceased sued out twD
writs of attachments against lh" ald Howard,
upon which he attached all the hand described
IN said several deeds. aud which said wrts
were duly entered In Orange County Court
aud are now pending; aud that Sarah &.
Cleveland was duly appointsd MISUNDERSTANDING
On the estate isaid Warren 4. und has enter
ed to prosecute said suits; aud further set.
ting forth, that said Sarah &, docs not reside
in the state nf Vermont bat resides SOME
where IN the Statoof New York.
And further sctiing forth. that siuce the exc.
cution OF said deeds from tho s,id Howard to
the said Smith, X ,thnrinc A. Howard thu
wife of said William II, VI, Howard. has oh.
tanned II hill % divorce from her said husband,
and u decree for alinony aad that the said
Katharine \. ny virtue said decree, claims
to have acquired some title or ntrseSt la some
part ut said mar, gage promises; an further
showing and setting forth, that the said Kuth-
airline A. does not reside in the State of Yer.
mont, but resides in Dalton ia tho State of
New Hampshire,
And pray Ing that the equity of redemption
of the said William II NJ, Howard, Sarah &.
Cleveland and tbs said Katharine 4. Howard,
in said premises may he foreclosrd.
N0tc. then, IL having been made to appear
to me the Clerk ot the court of chaucrrv in
aud for the county of Orange. that the said
William IL. NJ. Howard, Sarah C.. Cleveland,
ahu hhllailhr y. toward. reside O0t oi til"
State of Vermont and out OF the jurisdiction
of said Court. it is hereby ~ dcrcd that they
be notified 10 appear at the next session of
said court Of chanccry to be held at Chelsea,
in and for the county of Orange. on the third
rues'a, in December, \. ID, 1873. to answer
to the foregoing petition; for which purpose
it is iurthcror,lcrel, that the substance of said
petition, together with this order be published
in the Bradford Opinion three weeks success
81 vcly the last of which publication shall be ut
least twenty days previous to the comnesce
meni OF said term OF said court.
Given under my hand. at Chelsea, in the
county OF Orange, this 18th day OF Septem-
ber A. ID. 1873.
i9w3 L. g. U!NkLEY Clerk