Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1876-01-21

STATE OF vERMoNT,} IN cHANcERY. April
WINDHAs COUNTY Term, 1876.
WHEREAS. ELIAS oLCoTT of Rockingham, In
w said county, has filed his petition in this court
setting forth in bstanee that Hiram E. Adams and
March, A. b. 1867. duly executed to samuel a A.
Weston of Chester, IN the county of Windsor a
hockingham containing in ali l3l and q rods
more or less described in deed to Hiram IL, Adams
np Bar aed Msy b barry ana La
Tor the payment OF promisory note bearing
date with laid mortgage for the sum Of 5000 which
SAID mortgage anu note the 7th day of
July. 1875. transferred to the petitioner in con-
slderation of s4zs That the petitioner is now, the
owner OF said mortgages that said and the in
terest thereon from the date of said transfer Is just
ly due.
That the said Hiram Il. Adams and wife, after
the date of said mortgage conveyed said lands TO
Ueo. o. Bidwell ami said Bidwell while he so owned
said land on the LIST day of April, 1870 executed to
said eston mortgage deed certain part to wit
81 acres more or less, of said l3l ii of land
| said last named mortgage conditioned for the
payment OF $3.50 specified in two promisory notes
bearing even date with said mortgage, payable on
demand with annual interest
That said Weston on the 7th day of July 1875,
transferred said two notes and mortgage to the me-
titioner in consideration OF sl7Iz 64 that there ia
now due on SAID mortgage. said last named and
interest since July 7th. 1875.
That on the LIST day of April. 1872, said BidwelI
uuiy eAocuted TO the petitioner subject to the two
mortgages above described. MORTGAGE deed Of The
same Lands with others. described as follows, being
the same land decided to him by warranty deed by
hiram H. Adams under date of July llth 1867 also
one otnef pleee Of land decided TO said Bidwell by
:"
Nov 4h. 1861, and recorded in town records Of said
Rockingham. Lioer "A, Page /. Also one other
land decided to him by L.. 4. Lowell I'd, bs warranty
deed. the 18th day OF March 1870 excepting sne6
portion as decided by me 10 Nathan Proctor BY deed
GATED March SOth 1870, said last named mortgage
was conditioned for the payment OF $500 specified
in prohsory note payable to said petitioner, all
OF which together with large Arrears of interest is
unpAidi that since the execution OF said several
the Sth day OF May. 1873 duly executed 10 FranL-
lin Mcintyre OF Charlestown, in the county of
. ~ anu staie OF New Hampshire mortgage
three mortgages embraced in and covered bv the
following description, 70 wit, situated in said Rock
ingham bounded north by land OF George Il. Evans
east by Connecticut river, south by Williams river
and west BY land Of U. X. Barry. conditioned for
the payment of 5000 that said Franklin MeIn-
tyre claims TO hold said premises by virtue Of said
mortgaee; that any lien which said Mcintyre has
petitioner under his said three mortgages.
That since the execution of said several mortgsg-
es SAID Bldweli has become insoivent, and The equi
~ OF redemption in said lands was the 18th day
OF Auxust lsi3' by quit claim deeds BY said George
the petitioner, and also conveyed TO the peti-
TONER BY NJ X Lawrence assignee of said George
Q 4 BY quit claim deed dated August 9th 1878
That the value OF the land covered By your petit
said NOR cages And praying that said McIntyre
may BY some short day to be liked BY said Court be
compelled to pay TO the petitioner the amount justly
aus s nim npon ssia MORTGAGES, with interest and
est in. or lien upon or right Of redemption apper
tanning to said franklin Mcintyre. in said misses
may be foreeosed agreeable to the statute in such
case made and provided,
And commanding the said Franklin Mcintyre to
make bis personal appearance before the Court Of
Chsncery- next 20 be held at Newfane, within and
Tor the county q Windh am on the SECOND TUES
DAY OF APRIL. A, ID. 1870. then and there 10
make answer 70 the said petition. and further to :.
stand to and abide by such order direction and de-
cree therein as TO said Court shall seem meet.
And Il appearing that the said Franklin NcIn-
tyre resides without this State that service az
the ordinary process of law cannot be made unon
him.
it Is therefore ordered that the said NcTntyre he
notified of said Petition and TO appear before said
Court of ChaneeFy at said last ed time and
place then aud there 20 make answer to said refi-
ton aud to stand to and abide by such order diree-
ton and decree IS 70 said Court shall seem meet
By publishing the substance Of said Petition wirh
this order three successive weeks in the BELIoxs
FALLr 1TsKs, the last Of which publication hall he
at least - days previous 10 the commencement Of
said Court of ChanoeEy.
ROYAL TYLER, Clerk.
DAVENPORT & EDDY, Att'ys. IS