The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1877-11-02
CTATE OF ACKNOWLEDGEMENTS

- COUNTY, S..
In Chancery silas X. Kent Y. John and Mary
Cary.
Silas *. Kent, of Bristol, in said county, having
filed his bill in clancery with the clerk of said
court, setting forth that ON the 18th day of Feb
ruary, 1850, Levi y. Downing and Mary A. Down
ing. of Monkton, in said county, conveyed 10
Mary Cary, then the wife of John Cary, and both
resident then in lIinesburgh, county of Chitten-
den and state of Vermont, the following described
tract Of land situated in Bristol, aforesaid to wit
All of lot No. 30, in the 18th division of said Bristol
which was drawn to the original right of samuel
Avery, except that portion which Henry supcr
had heretofore decided to Amasa Mathcwson, be-
ing the same premises which was decided to H. g.
Atwood by Hiram Atwood and wife by deed
dated june |, 1850, including also the house and
buildings described in deed from Hiram Atwond
to said Levi Downing, dated March 2G ls,i1, con
tanning forty-siN acres, which said CONVEYANCE
was upon consideration of seven hundred dollars
expressed therein that at the date OF said convey
ance ii was agreed by and between said Down
ngs and said Carys that the same should be made
10 sai' Mary and that the payment of the noe-
given for the purchase money thereof should Ia.
secured by mortgage deed 10 said Levi y. amt
Mary a. Downing, that said John and Mary Car,
lid then and there make and sign such promis-
sorry notes for such purchase, to wit fourteen
notes of $50 each, all dated February IL, 1862 pay
able to said Downings or bearer with interest AN
nually after April |, 1870 the first on the date last
named and the others ON that day in each succeed
ing year until all should be paid, and 10 secure
payment of said notes the said Mary Cary ,i,l
then and there in the presence of and by and with
the advice and consent of her husband, the said
John Cary, execute mortgage deed of the same
n.
Mary A. Downing, and through nadvcrence ami
mistake the said John did not join his wife in the
execution thereof and said DOwning's received
said notes and mortgage so executed on the lili
day OF February, 1869. And that said Mary amt
John Cary entered upon and took possession OF
said premises, and continued so i'm OCCUPANCY ana
possession thereof until on about February L.
$50, when the house DESTROYED bV iir,
shortly after which said John and MARY Cary
Cary wholly abandoned the same and ran away To-
parts unknown and have ever since remained
And further setting forth that afterwards, to Wit
ON the 18th day of October, ls12 the said Levi y
conveyed SAID premises to the said Silds H. ami
afterwards, to wit ON the day and year aforesaid
the said Levi y and Mary 4. Downing assigned
said notes and mortgage to the said Silas X who
the same. And praying that reference OF the
case may be ordered to a master to ascertain the
sum uue your orator upon said mortgage note,
and that some early day be fixed for the payment
OF such sum ms shall he found due thereon, and
that said John and Mary Cary may he decreed 10
pay The same 10 the orator on before siich day,
and III default OF such payment that said John
amt Mary Cary may be forever barred aud fore
closed from all equity of redemption in sait
premises.
And it appearing that the said John and Mar,
Cary reside without this state so that subpul
cannot lie served upon them, il is ordered that
they he notified Ia appear on the first day of the
next stated term of said court to be held at Mid
Tuesday Of December, \. ID. ISL, to answer 10
SAID bill in ciancery by publication of the sui.
stance of said bill with this order three weeks sc-
cessvely in the Middlebury Register, printed ~
Middlebury, aforesaid the last of which publica.
tons to be ut least twenty days previous 10 sand
term of court.
Dated at Mddebury, aforesaid. this s5ih day ni
October. 1877.
30 RUFUS WAINWRIGHT, CLERK.
W. W. RIDER, solr for orator.