Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-08-18
z n CHANCERY.
IN CHANCERY.
Essen COUNTY COURT OF CHASCERY, Septem-
Der Term, 1871.
ARCHIHOLD u. MILLER.
GEO. A. BINGHAM AND OTHERS.

Whereas, ArchIi ola \. Miller of Boston, in
the County OF Suffolk and State of Mussa-
shusctts has filed III the Essex County Clerks
office, his petition setting foith in substance.
that james B. sumner, late of Dalton, in the
county Of Coos, and state OF New Han pshir,,
deceased tcstate, on the 18th day of January,
y. D., 1874, duly executed 10 Geo n. Bingham,
then and now of OF Littleton, III the County
of Grafton and State of New Hampshire, II
Mortgage Deed of certain lands (anOng other
land not within the state of Vermont and
therefore not set forth) situated and being in
the town of Lunenburg. in said County of
Essex described as follows, viz: -Four undi-
vidUd seventh pants of all the lands situued
in said Lunenburg, owned as tenants IN com.
mon by said James j. SIMMER deceased, and
the heirs End representatives of the late Day-
i'll u. Sumner. ON the 18th day Of January,
1871, intending in and by sail Mortgage To
convey all the same lands and rights. CONVEY
cd to saiu james Il. Sumner by sand heirs and
representatives under an agreement for DaI.
tition of lands of that date, AMI reference be-
ing had 10 said agreement ami conveyance for
II more particular description thereof. Con-
ditional for the payment OF the said James &.
Sumut L ) prOml5sOry notes, described Us fol-
lows, VIZ: Two promissory notes dated April
u, 1918, payable TO said Geo. A. Bingham or
order ON demand with interest unnuu!ly.
one for the sum OF $Iji 81 and the other IL the
sum of Sl3O; and another nole dated October
, 2, ISL for the sam OF 500. payable to ChaS. +.
Smith or order III one wear fro n its date with
interest. endorsed by the said ChtS. h. Smith,
which notes together with interest thereon
arc now due and unpaid; that the said Leo.
y. bingham UuIS SOLD anu transferred SAIL
notes and Mortgage to tile petitioner for IL
valuable consideration, and the petitioner Is
the legal holder and bonnie fdc wner OF said
notes and mortgage. That the said James b.
Sumner on said 18th day of January ISL also
executed 10 Daniel Even and John Blakeslee
both of said Dalton, II mortgage decd OF the
same lands above described, and to which
said mort gage deed Of said james B. Sumner
to said Daniel Even and John Blakcslec the
said mortgage OF said james b. Sumner TO
Geo. y. Bingham, was made subject.
The said mortgage to Even and Blakeslce
also covered and conveyed certain lands in
the town OF Dalton in the State of New Hamp.
shire. TO wit: That part OF lands commonly
called, designated and known as four uAdi-
vided seventh parts OF said Dalton, which, at
the date of said mortgage owned by the
said James Il. Sumner Conditional to secure
the payment OF the sum of two thousand dol.
lars.
And the petitioner ayers and charges that
said mortgage detlt named in The condition of
said mortgage from said sumner to said Even
and Bakcslee has been fully paid and sati..
fled, out OF the said lands in the SAID town of
Dalton, by suit for that purpose by the
Courts of said State of New hampshire, and
the equity of redemption expired and the said
Even and Blakcslec sold the land for enough
to satisfy their claim and all cost and your
petition fourteen says thBt the said James L.
sumner deceased, on said Is, day of January
A. ID. lS74 duly executed to james b. Summer
Jr. then and now of said Dalton a mortgage
deedNof said above described lands in said
LunenDurg and which last named mortgage
deed is conditinal tor the security of large and
various amounts ofindebtedness and liability
OF said James Il. Sumner J" maintained and
set forth in the condition of said mortgage,
AMI among which is for endorsing q promis.
DRY ote for the sum of $1,000, dated July 5,
1872, signed and made one. Bcriah Wright,
and made payable to james b. SnmAer Jr.
or order at the National Bank of Newbury,
Wells River, We. mont, one year after its date
and endorsed by said james b. sumner Jr
And the said james B. sumner deceased also
put his name on the back of said note and
thereby made himself liable therefor and had
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 eauit.
able owner AMI holder thereof, and that the
same togather with the interest thereon is
now due and unpaid. And flther setting
forth that said James Il. Sumner on the same
0fsaid lands in Lunenbnrg to T. ]. and s. T.
Ruggles OF said Dalton, and which mortgage
Is expressly made subject to said mortagages
to said bingham and said james B. Sumner
Jr, AMI that said Il. j. and S. Il. Ruggles have
been adjudged DankruptS, and Ira 5. NJ. Cove
of Whiteield in said Coos County, n. III. has
been duly appointed their assignee
And further setting forth that said James Il,
Sumner on said 18th day of January 1874 ex.
ecuteu mortaSage of said above described
lands in said Lunenburg to Daniel Even of
said Dalton but which is made subject to SAID
mortgages and mortgage debts now holden
by the petitioners as aforesaid. That James
b. Sumner also on the 18th day of January
1874 executed certain Other.mortgagc of the
same premises in said LunenDurg, TO John
Blakeslee. but which is subject to said NOR
tguges and IN ortgage debts now held by the
petitioner as aforesaid.
That said James Il. sumner on said 18th day
of January 1874 executed II mortgage of the
slime lands in said Lunenburg, but subject to
the mortgages and mortgage debts now hell
as aforesaid byyour petitioner, to said George
a. Bingham of said Littleton and A. L. Car.
pentcr OF Bath, Grafton County. n. IL.
And further setting forth that since the
making of said mortgages the said james Il.
sumner has deceased testatc. that his win
has been duly proved in this State Of New
Hampshire, that james Il. sumner Jr., of said
Dalton, George 4. bingham OF said Littleton,
and Ira S. NJ. Cove OF said Whitehead i'll said
State of New Hampshire are the Executors of
said last will and testament of said James Ii.
SIMMER in said State ofNew Hampshire And
that Josiah III. Benton of Maidstone, In the
County OF Essex is administrator of che Estat.
of said james b. Sumner i'll the state of Ver-
mont,
Wheretor the petitioners pray that the
equity of redemption OF the said George A.
Bingham, james b. sumner Jr., Ira $. NJ. Cove
Daniel Even, John Blakeslec, L. j. 4. 5. Il,
Ruggles, a. l.. Carpenter AMI j. IL. Benton
in The premises may be foreclosed and that
the Honorable Court of ChanceIy will mako
such other and further orders and decrses in
the prem lscs as shall appear just and reason.
able. And 1t being rade 10 appear that the
said George A. Bingham, James Is. Sumner Jr.
Ira S. NJ. Cove, Daniel Ewen, John Blakeslee,
I. }. ~. S. Il. Ruggles and y. T. Carpenter, ali
reside out of this state so that II citation cans
not be served ON them. 1t is hereby ordered
the substance of the petition with this oraer
three weeks successfully in the Essex County
HERALD newspaper printed at Guildhall in
SAID Essex County the last of which publica-
ton 10 be at least 20 daVs previous TO the 18th
day of September A. ID. 1877. being the day fx-
Ell by law for the next term of Essex County
court TO be begun and held at Guildhall with.
in and for said County of Essex. at which time
and place the sand Defendants are hereby no.
tihedto appear ind make answer in the prem.
Uses.
Dated ut Gulldhall this 9Th fav of August A
D., 1877.
CHAs. z. BENTON. Clerk.