St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1877-04-27

| THE First National Bank of st. JOhnsburv
having filed in my office a petition retuTnable
| to the next June term of the Court of Chancery in
Caledonia County, setting forth in substance that
James Is. Sumner of Dalton, New Hampshire on
the oath of April 1873, gave a mortgage of three
undivided seventh parts of the town of Lewis in
Essex County, conditioned for the payment Of a
note OF S2OO9 15 to Benjamin f. Whidden of Ian.
caster N H, and also to secure said Whidden
for endorsing certain notes of said Sumner to the
petitioner, that said notes to said Bank wholly
due and unpaid, with a large arrear of interest
and that they are unable collect the same of said
Whidden, that said Whidden has assigned said
mortgage to the bank, that afterwards said sum.
ner executed other mortgages of said property to
Il. j. 81 ). Z. Ruggles, William S. Crouch Daniel
-, .hi &c Dunes anu uclus Dohu ol DdltCh
and one TO Richard Lane Jr. and VIM K. Quimby
of Whitefeld, n. II.
That at the same time of the execution of said
mortgage to said Whdden, he executed another
mortgage to said Whidden and Jacob Benton Of
the same property:
That prior to the execution of said mortgage To
said w hidden, the said Sumner had given mort
cages to James Barrett of Littleton B. c. Simth
OF Swanzey n. H, George A. Bingham of Little.
ton, James b. Sumner Jr., of Dalton, n. H.. TO
Beriah Wright and Nathaniel W. French OF Lun-
enbuIg, Vt.
That on the LIST of Jan. 1873, said j. B. Sumner,
made a contract to sell the timber of said Lewis
lands to The HOlyoke Lumber Co., consisting now
of Charles Davis, of Portland. Maine and Joseph
c. Lewis, of Hydepark, Mass, which contract has
since been assigned by said j. b. Sumner to j. L.
Sumner Jr, and by him to A. A. Wilder of Boston,
That said Lumber Co. have taken large quantities
OF lumber under said contract and that the pay
ments therefore have been made to said Barrett
Bingham and j. B. Sumner Jr and should be ap
piled to extinguish their mortgage debts The pc
titon alleges that said mortgage debts of said Bar
rett Bingham and James B. Sumner were in great
part illegal and invalid and that ON full account
ing nothing is due thereon Also alleges that said
mortgages of said b. c. Smith and Beriah Wright
are fully satisfied
That said Sumner has deceased and that George
A. Bingham, James B. Sumner Jr. and Ira $ NJ.
Goor, are executors of his will in New Hamp-
shire and that Josiah H Benton has been appoint
ed his administrator in Vermont: That Charles ".
King has been appointed administrator of the said
N w. French
Petition prays for full accounting by said Hol
yoke Lumber Co, also full accounting by said
Barrett and all the other prior Mortgages to said
Whdden, and if anything is due on any of said
mortgages to redeem the same That all other
securities held by them be first applied or assigned
to the petitioner:
Also prays for foreclosure against the represent
atlves Of James b. Sumner, and all subsequent
mortgages, and for general relief In order to
give notice of the tendency of said petition 10 all
parties named, living without this state it is order
ed that the substance of this petition be published
in the st. JOhnsbury CaledOnian three weeks sue
cesslvey the last to be at least twenty DAYS beOr
the LIST Tuesday of June next
1877.
TIA A. L. RANKIN. Clerk.