Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-08-11
Essen COUNTY COURT OF CHANCERY, Scptcm-
Der Term, 1871.
ARCIllHOLD a. MILLER,
GEO. A. BINGUAM AND OTTER


the County OF Suffolk and State of Mass:,-
chusetts has filed III the Essex County CLERKS
office, his petition setting foI tn in substance.
that James Il. sumner, late OF Dalton, in the
county of Coos, and state OF New Han pshir :,
deceased testate, on the l4th day of January.
A. D., 1874, duly executed 10 q co A. Bingham,
then and now of OF Littieton. IN the County
of Grafton and State of New Hampshire, IL
Mortgage Deed of certain lands (among ether
land not within the state of Vermont and
therefore not Set torth) situated and being in
the town of LuncBb burg. in said County OF
Essex. described rs follows. viz: Four undi.
Vided seventh pants of all the lands situated
in s;lId LuncnDurg. owned AS tenants In com.
mon by said james Il. Srnher deceased, and
the heirs and representatives of the late Dav-
i'll N. Sumner. ON the 10Th day of January,
1874, intending i'll and by said Mortgage to
convey all the same lands and rights. convey
ed to said James Il. Sumner by sad heirs and
Representatives under AN agreement for pui.
titiou of lands of that date, an reference be-
ing had 10 said agreement and conveyance for
more particular description thereof. Con-
ditional tor the payment OF the said james r.
SuInnt 5 promssOry notes, described ~ fol-
lows VIZ: Two promisSory notes dated April
Il, 1873, payable To said Geo. a. bingham or
order on demand with interest "nnualy.
one for the sum OF $Iji 81 and the OthCrf II tho
sum of $3.50; and another note ddtcl Oct1bcr
,, 1871 for the sum OF 500, payable to Chas. r.
Smith or OF der in one year fro II It's date with
interest, endorsed by the said Ch4s. r. Smith,
which notes together w til interest thereon,
ar. now due amt unpaid; that the said Geo.
y. Bingham duly sold and atitnsferred SAID
notes and Mortgage to the petitioner for
valuable consideration, and the petitioner is
the legal holder and bonnie ide wner OF sail
notes and mortgage. That &c said james Is.
Sumner on said 18th day of january lisa also
executed to Daniel Even and John Blakeslcc
both of said Dalton, - mortgage deed of the
same lands above described, and to which
said mortgage deed Of said James b. sumner
to said Daniel Even and John Blakesec thu
said mortgage of said J tmcs b. Summer to
Geo. y. Bingham, was made subject.
The said mort gage to- Even ard 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 uhdI-
vidcd seventh parts OF said Dalton, which, ut
the date of said mortgage was owned by the
said James B Sumner. Conditional to secure
the payment Of the sum of two thousand dol
lars.
And the petitioner AYERS and charges that
said mortgage dedt named in the co ldtion of
aid mortgage from said Sumner to said Ewca
and Bakeslee has been fully paid and stti,.
tietl. out of the said lands i'll the sand town Of
Dalton, by suit for that purpose by tn,
Courts of said Stale of New Hampshire, and
the equity of redemption expired and the said
EVEN and Blakcslne sold the land fOrenough
to satisfy thtir claim and all cost and your
petition fourteen says thgt The said James 3.
sumner deceased, on said Is, day of january
a. ID. 1874 duly executed to James b. sumner
Jr. then and now of said Dalton a mortgage
deed of said above described lands in said
Lunenburg and which last named mortgage
deed is conditinal tor the security of large and
various amounts ofindebtedness and liability
OF said James q. Summer Jr maintained and
set forth in the condition of said mortgage,
and among which is for endorsing Il promis.
DRY npte for the sum Of $1,000. dated July3,
1872 signed and made one, Beriah Wright,
and made payable to James B. Snmner Jr
or order at the National Bank of Newbury
Wells River, Vermont, one year after its ,l.lto
and endorsed by said james b. Sumner ,Jr
And the said James Is. Sumner deceased also
put his name on the back of said note and
thereby maete himselfliable therefor, and had
and received the full amount of said note to
his own use and benltlt. And further setting
forth that the petitioner is the'legal and equit-
able owner and holder thereof, and that the
same togathcr with the interest thereon is
now due and uEpaid. And flIther setting
forth that said JNncs Il. Sumner on the same
18th cay ofJanuary 1874. eXecut ed IL mortgage
0fsaid lands in Lunenbnrg to L. }. and 5. Il.
RuggleS of said Dalton, and which mortgage
is expressly made subject to said mortgages
to said Bingham and said James b. sumner
Jr and that said I. j. and S. +. Ruggles, have
been adjudSed bankrupts, and Ira 5. II. Cove
of Whiteficld in said Coos County, n. H.. has
been duly appointed their assignee.
And further setting forth that said James Il.
Summer on said 18th day of January 1874 ex.
ecutGd n mortagage of SAID above described
lands III said Lunenburg 10 PANEL Even of
said Dalton but which is made subject 10 said
mortgages and mortaEa9e debts now holden
by the petitioners rs aforesaid. That James
b. Sumner also on the 10Th day of January
1874 executed certain other mortgage of the
same premises III said Iunenburg. to John
tgagcs and mortgage debts now held by Tire
petitioner as aforesaid.
That said James b. sumner OH said 18th day
of january 1874 executed Il mortgage of the
slime lands IN said Luncnburg, but subject to
the mortgages and mortgage debts now held
as aforesaid byyour petitioner, to said George
a Bingham OF said LittlstOn and A. L. Car.
penter o. Bath, Grafton County. n. H.
And further setting forth that since the
making of said mortgages the said James Il.
sumner has deceased testatc. that his Will
IA Df M
Hampshire, that James b. Sumner Jr., of said
Dalton, George A. Bingham of said Littlcton,
and Ira S. NJ. Cove OF said Whitehead in said
State of New hampshire are the Executors OF
said last will and testament of said james Il.
SIMMER in said State of New Hampshire. And
thai Josiah IL. Benton of Maidstone, in the
County OF Essex is administrator ofthe Estate
OF said James d. sumner in the state of YER
mOat,
Wheretor the petitioners pray that the
equity Of redemption OF the said George A.
Bingham. james j. sumner Jr., Ira 5. NJ. Cove
Daniel EVEN, John Rlukeslee. Il. j. 4. ). 4.
Ruggles, a. T.. Carpenter and j. II. Benton
in the premises may be torccloset, and that
the Honorable Court OF Chancery will mako
such other ana further orders aud DEGREES in
the premises as shall appear just and reason,
able. And it being mads To appear that the
said George A. bingham. james Ii sumner Jr,
Ira 5. Nj. Cove, Daniel Even, John Blakeslec,
Il. j. Il. 5. Il. RuggleS and y, T.. Carpenter, all
reside out of this state so thata citation can.
not be served on them. il is hereby ordered
that notice be given to tLCm by publishing
the substance of the petition with this order
three weeks successfully in the Essex County
HERALD a newspaper printed ut Guildhal in
said Essex County the last of which publica,
ton o be ut least 20 DAYS previous TO the 18th
day of September A. ID. 1917. being the day FIX
cd 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. ut which limo
and place the SAID Defendants arc hereby no,
tilted TO appear and make answer in the prem.
Uses.
Dated at Gulldhal this 9th day of August a.
D., 1877.
CHAS. 4. BENTON. Clerk.
LLaIlK 4 RnGKRA. So Il iinrs for HLIiIinnrr-