Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-02-17
rs CHANcERY.

STArE or TERAfONT, Essex County.
Essex County, s.. March Term, A. d.
HORACE STEWART VS.. RUFUS C. KINPTON,
GOPHER NJ. MANsUR, Admir- Of John T.
kimpt0n's estate, ana JAMES W. CADES.
Whereas Horace Stewart Of Stanstead in the
county VI Stanstead ia the Province Of Quebec
has ulcd IN Essex county clerks office his peu-
ton setting forth that Rufus G. kimpton then Of
Brighton IN said Essex county, but now OF the
same Stansteads on the cath day Of July 4. ID.
1866 duly executed To said Horace Stewart a
mortgage deed Of certain lands i'm Brighton, Es-
sex county, Vermont, described as follows, viz
Being onehalf OF lot number two hundred and
sixty and the whole ui lot number two hundred
and siNty-two as represented ou GOodwin's plan OF
Island Pond village in said Brighton, saidlOts eN.
tending seventy-hyc feet on Derby Street and
2 back at right angles one hundred and fifty feet,
/ being the same land decided said kimpton by
Samuel ID. HoUsun by deed dated August lst A.
| ID. lsC2 and recorded in Book ., page 39I of
/ Brgh#h land records.
! Conditioned for the payment Of a certain prom-
issOry note dated on said 2ith day Of July, 1866,
signed by said Rufus G.. kimptOn for four hun
| dred dollars payable to said Horace Stewart or
bearer in one year from its date, with interest
annually, which is now justly due and owing,
i and has not been paid according 10 the effect Of
the same. Asd your petitioner further shows
that on the SOth day of August, 4. ID. 1866 the
! said Rufus G. Kimplon decided the same premises
And your petitioner still further shows that
John T.. kimpton on the 9TH day of january, a.
ID. 1851 duly executed to the petitioner a
mortgage deed of the lands above described.
| Conditioned for the payment of four hundred
dollars in one year from date, described in a
promissOry note dated January ;, 1867 payable to
Horace stewart or bearer for four hundred dol
lars with interest annually one year from its
date, which is now justly due and owing and has
not been paid according to the eject of the same.
And your petitioner still further shows that on
the 4th day of April, a. ID. 1868 the said John T..
INimpton decided the same premises to James w
Cades by warranty deed and saidJanes w .Cades
r cl aims to own and is now occupying the same
under said deed And your petitioner still fur.
Their shows that about four months since the said
John Il. Kmpton deceased and that Gopher Nj
!, Mansur was duly appointed administrator OF
his (said John E. Kimpton's) estate by the Hon
orablc Probate Court in and for the District OF
Essex, Vermont, and that said Mansur accepted
said trust and said estate is now in the process
of settlement in said Probate Court.
Wherefore the petitioner prays that the equity
/, Of redemption Of the said Rufus q. kimptsn
Gopher NJ. Mansur, administrator as aforesaid
and the estate of said John Il. Kimpton and
f james w. Cades In the premises may be fore
closed agreeable to the provisions of tho Genera
Statutes, and that the Honorable Court of Chan
Gerry will make such other and further orders
and DEGREES in the premises as shall appear jus
, and reasonable. And
Whereas it appears that Rufus g. Kimpton re
E sides out Of this State so that subpoena cannO
be served on him, it is therefore ordered that thu
+ substance of said petition be published thre
E weeks successfully in the Essex County Herald
r a newspaper published at Guildhall in said coun
ty of Essex the last of said publications to be a
least twenty days previous to the third Tuesda.
, of March, A. D. 1877, the time established by Law
Z for the next session Of the Court of Chancery t.
: be held at Guildhal within and for the county O
4 Essex, at which time and place the said Rufus G
4 kimpton is hereby notified to appear and max
: answer in the premises and abide such order
G and DEGREES as shall be made therein.
# Dated at Guildhall this Both day of January
> CHARLES f. BENTON Clerk.
e GEO. N DALE, Solicitor for Petitioner