Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-09-08
EssE COUNTY COURT or CnANCERY, Septem-
Der Term, 1871.
ARCHIHOLD u. MILLER,
GEO. A. RINGUAM AND OFFER,

chtlsrtls has fled Iii the Essex County Clerks
office, his petition setting foIth i'll substance.
that james i. sumner, late OF Dalton, in the
county OF Coos, and state of New Han pshirj,
deceased tcstatc, on the l4tb day of january.
\. D., 1874, daily executed 10 Geo y. bingham,
then and now of of LittIcton, III the County
of Grafton and State of New Hampshire, "A
Mortgage Deed of c, rtaln lands (amOnS other
land not within the Stale OF Vermont and
therefore not set torihl situated and being ia
the town of LuncnDurg. III SAID county OF
Essex. described as follows, viz: Four undi-
vilcd seventh pants of all the lands situated
in said LuncnburS. owned AS tenants In com:
mon by said JaIncS Il. Sumner deceased, ana
the heirs md representatives Of thv late Day.
i'll n. sumner, On the 18th day Oi January,
1874, intending III and by said Mortgage 10
convey all the same lands and rights. convey
ell to sniu JAMES Il. sumner by SAID heirs ami
representatives under am agreement Tor pat
titlOH of lands of That date, und references be-
ing had 10 said agreement and conveyance for
II more particular description thereof. Con-
ditional tor the payment OF the said james Z.
Summers proInissory notes, described a. fol-
lows, VIZ: Two promiSsOry notes ,iatcd April
II. 1878, payable 10 said Csc. \. bingham or
order On demand with interest nDually.
one fDr lie 4t,m oil 1856 81 and the otbeFf r tfsT
sum of Sl32; and another note dtivi Oct"ecr
=. 1871 for the sum OF 600, payable To CtEIs. f.
Smith or oder IN one yelf fro. II It's dIte with
intrrst. endorsed by tire said ClHts. y. smith,
which notes together with interest thcTeo4f~
are now due and UNPAID; that tile said Geo
\. Bingham duly sold and transferred saItE
notes and Mortgage tO tie petitioner for III
valuable consideration and the pcIltlQncr Is
the legal hOter aua DOnnu hdc wncr OF sal'
notes and mortgage. That tie said james Il"
Sumner on said 18th 'l;ly of January lisa also
executed to Danivl Even AND John Blakeslct
both of said Dalton, II mortgage deed Of the
same lands above described, and to which
said mortgage deed ct said .j:tmrs Il. sumner
to suid Daniel Even and John Blakesrc the
said morga of said J mcs b. SumueY to-
Geo. y. Bingham was nlatlc subject.
The said NOR gHs;c to Ewcn and BlakescG
also covered and conveyed certain lands in
the Town OF Dalton i'll the state OF New llamp'
shire. to wit: That part OF lands commonly
called, designated and known as four uiiul
vided seventh parts OF said Dalton, which, st
the date of said mortgage WAS owned by thc
said james Is. Sumncr. Conditional to secure
the payment of the sum of TWO THOUSAND dol.
lars.
And the petitioner AYERS and charsrs that
said mortgage debt named i'll the condition OF
said mortgage from said sumner to said Ewes
and Blakeslcc HAS been fully paid and salts.
fled, ont at the said lands in the sand town of
Dalton, by suit for that purpose by the
Courts OF said state of New Hampshire, and
lie equity of redemption expired and the said
Even and Blakcslec sold the land forenouglS
to satisfy their claim and all cost, and youi
petition fourteen says thBt the said James d.
sumner deceased, ON said ID, day OF January
A. ID. 1874 duly executed to james Il. sumner
Jr. then and now of said Dalton IL mortgage
deed of said above described lands in said
LunenDurg and which last named morgage
deed is conditinal tor the security oflarge amd
various amounts ofindebte'lness and liability
of said james Il. Sumner Jr maintained and
set forth in the condition of said mortgage,
and among which is for endorsing prolnls.
CRY ate for the sum of $1,000, dated July3,
lS72, signed and made one, Beriah Wright,
and made payable to Jamcs B. SnnAer Jr.
or order ut the National Bank of Newbury,
Welfs River, Nc' mont, one ycnr atter its date
and endorsed by said james Il. SupAAeI iii,
And the said J;tlncs Il. summer deceased Ulso,
put his name on. the back of said note an,a
thereby Wade himself liable therefor, and had
and received the tull amount of said note to.
a i'm
forth thut the petitioner is the lcsa and eQuit
able owner and holder thereof, and thai ths.
same togathcr with the intcJt st thereon is
now due and uhpai,i. And futher setting
forth that said Jnmcs Il. Sumner ON the same
18th Gay ofJanuAry 1874. cXecut ed mortgage
Of aid lands in Luncnbnrg TOT. J. and s. l..
Ruggles of said Dalton, and which mortgage
Is expressly male subject to said mortgages
To said Bingham and said James b. Sumner
Jr and that said 4. j. and S. Il. Ruggles, have
been adjudgcd bankrupts, and Ira 5. II. Cove
of Whitctiold in said Coos County, n. H. hts
been duly appointed their assignee.
And further setting forth THAT said James II,
Sumner on said 18th day of January l$I4 eX.
ecutcd u mortagAge OF SAID above described
lands in said Luncnburg TO Naniel Even OF
said Dalton bNt which is made subject To SAID
mortgages and mortagaSc debts now holden
by the petitioners as aforesaid. That James
Il. Sumhor also on the 18th day of January
1874 executed II certain other mortgage of the
same premises i'll said lunenDurg, to John
Bla<eslee. but which is subject to said NOR
tgageS and N ortga5e debts now held by tho
petitioner as aforesaid.
That said james B. sumner on said 18th day
of January 1874 executed Il mortgage of the
SINE lands in said Luncnburg, but subject to-
the mortgages and mortgage debts now helI
as aforesaid by your petitioner, to said George
A. Bingham OF said Litileton and A. Z. Car.
penter o, Bath, Grafton County. y. II.
Aud further setting forth that since the
making of said mortgages the said james Is.
sumner has deceased lestate, that his viii
has been duly proved in this state OF New
Hampshire, that james Is. sumner Jr., of said
Dalton. George a. Bingham of said Littleton,
and Ira s, NJ, Cove OF said Whitehead III said
State of New Hampshire are the Executors of
said last will and Testament OF said James Il.
Sumner in said State flew Hampshire. Aud
that josiah II. Benton ef Maidstone, in the
County of Essex is administrator ofthe Estate
of said james D. summer in the state of Yer
monL,
Wherctor the petitioners pray that the
equity OF redemption OF the said George A.
Bingham, james Il. sumner Jr., Ira ). NJ. Cove
Daniel Even, John Rlukeslee, II. j. X. ). T..
Ruggles, A. l.. Carpenter and j. H. Benton
in the premises may be foreclosed, and that
the Honorable Court OF Chancery will make
such other and further orders and DEGREES in
the prem Ises us shall appear just and rrnson
able. And II being made To appear that The
said George A. Bingham, james Ii. SumncrJr
Ira 5. M. Gave, Daniel Even, John Blakcslcc,
II 4. a.. $. h. Rnggcs and s.P Carpenter, all
reside out of this state so that n citation cam
not be scrvctt on them. IL is hereby ordered
that notice be given To til M by publishing
the substance OF the petition with this ordcr
three weeks successfully in the Essex County
HERALD newspaper printed ut Guillhall IN
said Essex County the last of which publica-
ton to be ut least 20 tlavs previous To the 18th
dHy of September A. ID. 1871. being the day fix
cd by law for the next term OF Essex County
court TO be begun and held at Guildhall with
In anu for said Countyo of Essex. ut which time
and place the SAID Defendants are hereby no.
titled 10 appear and make answer in the prem.
Uses,
Dated at Gmldhall this 9th day of August A
D-1S77.
fgs CHAS. e. BENTON. Clerk.
LESLIE 4 ROGERS, Solicitors for Petitioner