Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-08-25
Essen COUNTY COURT OF CHANCERr, SeptemI
- Der Term, 1871.
ARCHIHOLD A. Miller,
GEO. A. BISGHAMANp OTHERS

VS..
GEO. A. BINGHAM AND OTHERS.
Whereas, Archil ola \. Miller OF Boston, il
the County OF Suffolk and State of Massa
chusetts has filed III the Essex County Clerk
office, his petition setting foI tn in substahce
that James b. sumner, late of Dalton, i'll til
county of Coos, and state of New llalrpshir
deceased testate, Oh the l4th day of January
a. d., 1874. duly, executed TO Geo y. Bingham
then and now of OF Littieton, IN the Count
of Grafton and State of New Hampshire,
Mortgage Deed of certain lands (anong Othe
land not within the state OF Vermont an
therefore not set forth) situated and being
the town of LunenDurS. i'll said County
Essex. described as follows, viz: Four und
vidcd seventh pants of all the lands situate
in said Lunenburg, owned as tenants IN col
mon by said james Il. Sumner deceased an
the heirs 2nd representatives of the late Da
i'll u. Sumner, ON the 18th day of Januar
1874, lntCnding ia and by said Mortgage
convey all the same lands and rights, cOnvc
ed to sLlu james Ii. Sumner by SAIL heirs III
representatives, under an agreement for pa
titlon of lands of that date, and reference b
ing had to said agreement and conveyance
Il more particular description thereof. Co
ditional for the payment OF the said James
Sumncr's promissory notes, described as Il
lows, VIZ: Two promissOry notes dated Ap
Ii. 1873, payable to said Geo. A. Bingham
order on demand with interest annual
one for the sum OF $15G 81 and the Otherf II /
sum of $50; and another note dated Oct0b
:, 1871 for the sum OF $40, payable to Chas.
Smith or OF der i'll one year from its date wi
interest, endorsed by the said Chas. +. SmI
which notes together with interest thered
are now due and unpaid that the said I'd
a. Bingham duly sold and transferred sa
valuable consdefatiohh1, aha f R66't e}iGH or
the legal holder and bonnie tide wncr Of 81;
notes and mortgage. That tue said James
Sumner on said 18th day of January ls4 al
executed to Daniel Even and John Blakesl
both of said Dalton II mortgage deed of
same lands above described, AMI to wht
said mortgage deed ef said james b. sunni
to said Daniel Even and John Blakesce
said mortgage of said James b. Summer
Geo. y. Bingham, was made subject.
The said mor gage to Even and BlakeSl
also covered and conveyed certain lands
the town OF Dalton in>Ihe State OF New liam
shire. TO wit: That part OF lands cOmmon
called, designated and known as four uht
vided seventh parts OF said Dalton, which,
the date of said mortgage was owned by {
said James i. Sumner. Conditional to secu
the payment of the sum of two thousand dd
lars.
And the petitioner AYERS AMI charges III
said mortgage dedt named in the condition
said mortgage from said Sumner to said Eve
and Blakcslee hts been fully paid and sit
fed, out of the said lands in the SAID town
Dalton, by a suit for that purpose by t
Courts of said State of New Hampshire, al
The equity of exemption expired and the SD
Even and Bakeslec sold the land for enoul
to satisfy their claim and all cost and 20
petition fourteen says thpt the sail James
Sumner deceased, on said 10, day OF Janua
A. ID. IS74 duly executed to James b. SUNNI
Jr. then and now of said Dalton n morgas
deed of said above described lands in sa
Lunenburg and which last named morgas
deed is condtinal tor the security of large al
various amounts ofindebtedness and liabilii
OF said james b. sumner Jl" maintained an
set forth in the condition of said morgag
and among which is for endorsing q promi
DRY otc for the sum of 8 ,000 dated July
1872, signed ana made one, Beriah Virgil
and made payable to james Il. Simmer j
or order at the National Bank of Newbur
wells River, We mont, one year after its da
and endorsed by said james b. sumner j
And the said James Ii. sumner deceased al
put his name on the back of said note al
thereby made himself liable therefor. and b;
and received the fun amount of said note
his own use and benlfit. And further settii
forth that the petitioner Is the legal and eQu
able owner and holder thereof, and that Il
same togather with the ihteres thereon
now due and unpaid. And futher settiI
forth that said james u. Sumner on the sam
18th Cay ofJanuary 1874. eXecut cd II morga
Of aid lands III Lunenbnrg to L. j. aud 5.
Ruggles OF said Dalton, and which mortga
is expressly made subject to said mortagag
to said bingham and said James il. SUNNI
Jr, AMI that said L. j. and S. Il. Ruggles, ha,
been adjudsed bankrupts and Ira 5. Nj. Go,
of Whitefeld in said Coos County. y. IL, II
been duly appointed their assignee.
And further setting forth that said James
sumner on said 18th day OF january 1874 e
ecutcd mortgage of said above describe
lands in said Lunenburg to PANEL Even
said Dalton but which is made subject TO sa
morta cages and mortas,agc debts now holdt
by the petitioners rs Aforesaid. That Jamd
Il, Sumner also ON the 18th day of Janua
1874 executed certain other mortgage of Il
same premises in said I.nnenbuig. to- job
Blakcslce. but which is subject to said mo
tgages and mortglge debts now held by Il
petitioner as aforesaid.
That said James II. summer ON said 18th da
of january 1874 executed u mortgage OF II
slime lands in said Luncnburg, but subject
the mortgages and mortgage debts now hel
as aforesaid by petitioner, to said Gcort
A. bingham OF sald l.ittleton and a. T.. Gu
n Ruth (trDftO (1puOfN y
Aud further setting forth that since d
making of said mortgages the said james
sumner has deceased tcstate, that his Wi
has been duly proved III the State of Nc
Hampshire, that Jitmcs Il. sumner Jr., of su
Dalton. George A. Bingham OF said l.lttlcto
and Ira 5. Nj. Cove OF said Whitehead in sai
State of New Hampshire are the Executors
said last will and Testament of said james
Sumner in said State of New Hampshire. An
That Josiah H. Benton of Maidstone, in Il
County of Essex is administrator of the Estat
of said james B sumner in the State of We
mout,
Wherefor the petitioners pray that Il
equity of redemption o: the said George
Bingham, james Il. sumner Jr, Ira >. NJ. Go,
Daniel Even, John Blakescc, Il. j. &. 5.
Ruggles, A. L. Carpenter and j. II. Bcntu
in the premises may be forecloscd, and tn,
the II honorable Court of Chancery will max
such other and further orders and DEGREES
the prem Uses as shall appear just and rcaso
able. And it being made 10 appear that III
said George A. Bingham. Japcs Il. SumncrJ
Ira $. NJ. Cove, Daniel Even, John BlukcsIc
Il. j. a. 5. T.. Rugglcs and a. +. Carpenter, al
reside out of this State SO that Il citation en-
not be served ON them. II is hereby ortIcrc
that notice be given to item by nublishin
The substance of the petition With This ord,
three weeks successfully in the Essex Count
HERALD newspaper printed at Guildhall
said Essex County the last of which public
ton o be ut least 20 DAYS previous 10 the Isl
day of september A. ID. 1877. being the day Il |
ed by law for the next term OF Essex CtuniH
court to be begun and held at Guildhall Will
in and for said Comtyof Essex, at which linn
and place the SAID Defendants arc hereby nd
tidcdto appear and make answer in the prenI
Uses.
Dated at Gmldhall this 9th day of August 4
D., 1871.