Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1876-01-28

sTAMTE OF vGEEMoNr IN ofA slM INK April
WHEREAS. ELIAS oLCoTT Of Rockingham in
setting forth in substance that Hiram H. Adams and
Melinda D. Adams, bis wife, on the s0lh day Of
Weston of Chester, in the county Of Windsor. a
mortgage deed OF four certain pieces of land in said
more or less, described in deed to Hiram E Adams
| from Lucius W, Adams, Daniel X, Barry. and Lu
thera Ann Barry dated May 18th. 1861, conditioned
for the payment OF a promisory note bearing even
date with aid mortgage for the SUN Of 5000 which
| July, 1875, transferred to the petitioner in con
sderation of sSi25.s That the petitioner is now 6t
owner OF said mortgage that said note and the IN
terest thereon from the date of said transfer is just
ly due, nm A
the date of said mortgage conveyed said lands h
Geo O. Bidwell aud said Bidwell while he so owned
said Weston mortgage Iced ofcertan mari Ia MI; 70
SO acres more or less of said l3l IL acres Of land
payment OF $500 specified in two promisoy na wv
bearing even date with said mortgage, payR6e M
That said Weston on the It'll day Of July. 1875
transferred said two notes and mortgage to the pc.
titoner in consideration OF sl7l2 81 that there is
now due on said mor!gage, said last named sum and
interest since July 9TH. lsI5
duly executed to the petitioner subject the tive
mortgages above described. mortgage deed Of the
same lands with others described as follows beins
Hiram n. Adams under date Of July 18th; 1867 ase
one other piece Of land decided to said Bidwell b
Nathan Proctor by deed of warranty under da
!; Nov. 4th 1867, and recorded in town records OF SAID
7. Rockingham. LibeT a, Page !, also one Other
s land decided 70 him by T. T. Lowell. 3D. by warrang
Is deed, the 26th day of March 1870 excepting such
portion as decided by me to Nathan Proctor by deed
/; dated March S0th 1870 said last named mortgas,
s was conditioned for the payment Of $500 specified
4. in promisory note payable to said petitioner, al
Of which together with large Arrears Of interest
Il unpaid that since the execution Of said severn
the sth day of May. 1873 duly executed to Franz
lin Mcintyre OF Charlestown, IN the county Q
deed of that portion of the land conveyed by sal
three MORTGAGES embraced in and covered by ID
iHsSSm. bounded north by land OF George F. Evan
east by Connecticut river, south by Williams rive
And by a % 3 r. B sa8 snEG Se
tyre claims to hold said premises by virtue Of sal
J mortgage; that any lien which said Mcintyre b
on said premises is subordinate to the rights OF yoI
40 petitioner under his said hree mortgages
That since the execution Of said several mOrtga'
said Bidwell has become lnsO ent, and the ecu
ty Of redemption in said lands was on the 2otdayb
OF Of August, 1873 by quit claim deeds BY SAID 6eo
G. Bdwell and 4. NJ. Bidwell, his wife, conveyed
the petitioner, and also conveyed to the pei
toner by NJ. X. Lawrence, assignee o. ssid Geor
&c c., by quit claim deed dated August tn 1910.
g" That the value of the land covered by your pet
toner's mortgage, is less than the amount due
W said mortgages And praying that said Mclnu
may BY some short day 10 be fixed by said Court
compelled TO pay TO the petitioner the amount JUS
- iust costs and in default thereof that any int
wi tsinIne TO said franklin Mcintyre in said prem
- may be foreclosed agreeable TO the statute IN 81
'oe' case made and provided,
And commanding the said Franklin Mcintyre
ere make his personal appearance before the Court
Chancery next 10 be held at Newfane, within 8
. for the county Of Windham on the SECOND Iti
DAY OF APRIL, A, d. 1876, then and there
make answer TO the said petition, and further
stand to and abide by such order, direction ami
cree therein as to said Court shall seem meet.
And it appearing that the said Franklin Me
Of tyre resides without this State, so that SERVES
& the ordinary process Of law cannot be maze u
atn, him.
any 1t is therefore ordered that the said Mcintyre
sad nntfed ~ said Petition and TO appear before
pre- Court of Chaneery at said last mentioned time
ana place. then and there 10 make answer to SAID 2
lion and 10 stand 10 and abide by such order. d
ton and decree TO said Court shall seem N
by publishing the substance OF said petition :
this order, three successive weeks in the BAL
FALLT TINES, the last of which publication bal
at least % days previous to the cOmmeneemeE
ass said Court Of Chancery. ,, -,
run DAVENPORT EDDY. Attys. IS