St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1877-04-13

vIIHE First National Bank of st. JOhnsbury
i having filed in my Office a petition retuTnabe
to the next June term of the Court of Chancery in
Caledonia County, setting forth in substance that
James b. 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 5000 49, 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 are 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 ASST ned said
mortgage to the bank, that afterwards said Sum
ner executed other mortgages of said property to
L. j. & S L. Ruggles William S. Crouch, Daniel
Even, James BOlles and Lucius Bond of Dalton.
and one to Richard Lane Jr. and VIM. r. Quimby
of Whitefield, NJ H.
That at the same time of the execution of said
mortgage to said Whidden, he executed another
mortgage to said Whidden and Jacob Benton OF
the same property:
That prior to the execution of said mortgage ia
said Whdden, the said Sumner had given mort
cages to James j. Barrett of LittletOn b. c. Smith
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-
enbulg, 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
G.. Lewis, of Hydepark, Mass, which contract has
since been assigned by said j. Il. Sumner to j. b
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 APP
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 a 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
\. Bingham, James b. Sumner Jr., and Ira S NJ
GOOr, are executors of his will in New Hamp
shire and that Josiah II. Benton has been appoint
ed his administrator in Vermont: That Charles w
King has been appointed administrator of the said
N. w. French.
Petition prays for a full accounting by said Hol
yoke Lumber Co. also a full accounting by said
Barrett and all the other prior Mortgages to said
Whidden and if anything is due 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
atives of James b. Sumner, and all subsequent
mortgages, and for general relief. In order Il
give notice of the tendency of said petition 10 al
parties named, living without this state, it is order
ed that the substance of this petition be published
in the St JOhnsbury CaledOniun, three weeks SUE
cessvely the last be at least twenty DAYS befOr
| the LIST Tuesday of June next.
Given under my hand this 4th day of April A. ID
| 1877.
724 A. E RANKIN, Clerk.