Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-09-01
IN CHANCERY.
Es SEX COUNTY COURT OF 'CIiASCERY, Septcm
go beer, Term, 1875
,u ARCHIHDI.D a. MILLER,
GEO. A. BINGH An AND OTHERS

"A.
the County OF Suffolk and State Of NASSAU
chusctls has filed III the Essex County Clerk
Office, his petition setting foI til in -substaNce
that james u. sumner, late of Dalton, in this
county of Coos, and state OF New Han'pshir3
deceased testatc, on the 18th day of January
\. D., 1874, duly executed 10 Geo A. Bingham
then and now of of l.ittleton, IN the County
of Grafton and State OF New Hampshire, ID
Mortgage Decd of certain lands (among otIIet
land not within The state of Vermont and
therefore not set fSfth) situated and being in
the town of lneDburg in said County OF
Essex. described Ms follows, viz: Four undi
vidcd seventh pants of all the lands situatc,
in said Luncnburg. owned as tenants III com
mon by said James Il. Sumner deceased, ant
the heirs End representatives OF the late Day
iii IL. sumner, on the 18th day of January
1874, intending in and by said Mortgage to
convey all the same lands and rights. convey
cd to SAIL James Is. summer, by sald heirs and
rrprcsenUltIvcs under an agreement for par
titlon of lands ut that date, amt reference be-
ing had to said agreement and conveyance for
Il more particular description thereof. Con-
ditional for the payment OF the said james !
summers promissory notes. described AZ fol
lows, VIZ: Two pfoinissory notes dated April
II, 1873. payable To said Geo. A, Bingham or
order ON demand with interest .nnually !
One Or the sum OF 1856 81 and the othcrf II ths
sum of $l3O; and another note ilatcd October
2, ISL for the sum OF $500, payable To Chas r
Smith or tbtf in one year fro N its date with
interest, endorsed by the said Chs. +. smith,
which, notes together w4th Interest thereon,
are now due and unpaid; that the said Geo
AZ
notes and Mortgage to the petitioner for al
valuable consideration, and the petitioner is
the legal holder and bonhc.fidc wner OF said
notes and mortgage. That e said james Is.
Sumner ON said 18th ,lay OF january lsI4 also
executed TO Daniel Even and John Blakeslce
buth of said Dalton, II mortgage deed of theI
same lands above described, and to which
Said mortgage deed ct said james d. SumncrI
to said Daniel Even and John Blakcslcc tho
said mortgage of said J Inn:s.B Sumner toi
Geo. a. Bingham was hIldc subject.
The said mortgage to EVEN and BlakeslccI
also covered ana conveyed certain lands in
the town ot Dalton in the STATE OF New liamp-
shire, to witt That part of lands commonly
called, designated and known US four uhdi
vided seventh parts Of said Dalton. which. at
the date of said mortgage wa, owned by the
said James b. Sumner. Conditional to secure
the payment of the sum Of two thousand dol.
lars. =.
y Ard thcpetitioncr AYERS and charges that
said mortgage dctt named in the condition of
said mortgage from said sumner to said Ewea
and Blakcscc has been fully paid and SAITH
fed, out OF the said lands in the SAID town OF
Dalton, by u siit for that purpose by the
Courts of said State of New hampshire, and
the equity of exemption expired and the said
Even and BlakGslec sold the land for enough,
to satisfy th.ir claim and all cost and yOui
petition fourteen says thGt the said James Il.
sumner deceased, ON said Is, day Of January
A. ID. 1874 duly executed to James Il. Sumner
Jr. then and now of said Dalton mortgage
deed of said above described lands in said
Lunenburg and which last named mortgage
various amounts Ofindebtcdness and liability
of said james b. Sumner Jr maintained ant
set forth in the condition of said mortgage,
and among which is for endorsing q promis.
DRY note Tor the sum of $1,000, dated July 3,
1872, signed and made one, Beriah Wright
and made payable to! james Is. Simmer Jr
or order ut the National Bank of Newbury-
Wells River, We, monts one year after its date
and endorsed by said James B. Sumner Jr.
And the said.James Il; sumner deceased also
put his name ON the back of said note and
al,xyTt do IN lt,lbl ftn.
and received the full amount of said note to-
his own use and benlfit. And further setting
forth that the petitioner is the legal and equiis
able owner and holder thereof, and that TIL.
same togather with the Interest thereon is
now due and unpaid. And. futher setting
forth that said james B. Summer on the same
18th Gay ofJanuary 1874. eXeeut ed n mortgage
Ofsaid lands in Lunenbnrg tot. j. and s. j..
Ruggles of said Dalton, and which mortgage
is expressly made subject to said morta gage =
to said Bingham ,ind said james ID. Sumner
Jr, ami that said Il. }. and S. Il. Ruggles, have
been adjudged bankrupts: and Ira 5. III. Gsvc
of Whitcfield in said Coos County, n. ii. has
been duly appointed their assignee.
And further setting forth that said James T.
Sumner on said 10th day of January 1874 ex-
ecnted n mortgage of said above described
lands in said Lunenbur9 to- Daniel Even of
said Dalton but which is made subject to said
mortgages and mortagagc.de now holden
by the petitioners as Aforesaid. That James
Is. Sumner also on the 18th day of January
1874 executed a certain othec mortgage OF tho
same ,prenises in said I;lnenburg to John
Blakeslee, but which'is subject to said NOR
tgages and mortgage debts now held by the
petitioner rs aforesaid.
= That said James b. sdmncrson said 18th 6sy
of January 1874 executed n mortgage of the
slime lands In said Lunenburg, but subject to-
the mortgages and mortgage debts now hell
rs aforesaid by your petitioners, to said George
A. Bingham OF raid l.ittlston and A. T. Car
penter OF Bath, Grafton County. N. IL.
And further setting forth that since the
making of said mortgages the said James H.
sumner has deceased testutc, that his Will
has been duly proved in the state OF New
Hampshire, that james Is. Sumner Jr., of sai,l
Dalton, George A. Bingham of said Littlcton.
and Ira S. M. Cove OF said Whitehead in said
State of New Hampshire are the Executors of
said last will and testament of said james j..
Sumner in said State of New uampshirc And
that Josiah II. Benton of Maidstone, In the
County OF Essex is administrator of ihe Estate
OF said james Ii. sumner in the state of YER
mont,
Wherefor the petitioners pray that the
equity of redemption of the said George A.
bingham. James Ii. sumner Jr., Ira ). NJ. Cows
Daniel Even, john Bakeslec. Il. j. i. y. T..
Ruggles, A. L. Carpenter and j. II. Benton
ia the premises may be foreclosed, and that
the Honorable Court OF Chancery will make
such other and further orders and DEGREES in
able And it being made 10 appear that The
said George a. iSinghiim. james IL. sumner Jr.
IRA s. NJ. Cove, Daniel Even, John Biakeslee,
I, J. y. 5: Il; kuggles aud =. 7. Carpenter, all
reside out of this State so that II citation can
not be served on them. II Is hereby ordered
that notice be given to ikoin by publishing
The substances of the petition with this orier
three weeks successfully in the Essex County
HERALD IA newspaper printed ut Guilihall in
said Essex County the last of which publica.
ton 10 be Ut least ~ DAYS previous to the 18th
day of September A. ID. 1877 being the day rx.
Ell by law for the next term of Essex County
court to be begun and held ut Guildhall with.
In and for said County of Essex. at which iiiae
and place the said defendants are hereby nf
lifted 10 appear AAd make answer in the preu
Uses,
Dated at Guildhall this 9Th day of August
d., 1871. ..
~ OHAs. u. BENTON, Clei.