Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-02-17
IN CHANCERY.

/ NnAN1Ek1.
STATE or TERMONT,l Essex county,
LASER County, -. March Term, lSsl.
CHARLES W. SMITH vs.. JOHN I. HICKS,
JOSEPH u. BROWN, ROSALINE I. Il.
RHODES, ELDAD A. RHODES, ELLA T.
RHODES. SALLIE b. RAY.
Whereas, Charles W. Smith Of Lancaster in
the county Of Coos and State OF New Hampshire
has fled IN Essex County Clerks Office his peti-
ton, setting forth that John 4. Hicks of Boston
Massachusetts, and Joseph ID. Brown Of Concord
in the county OF Middlesex in said Common
wealth, on the Ath day Of May, A. ID. ls1i duly
executed to Jared /. Williams a mortgage deed
OF certain land situated in Guildhall and Lunen-
burg m the county of Essex aforesaid, tO-Wit
The westerly half Of the Governors Right, so
called, in Guildhall, bounded sOutherly by Con-
nectcut river, westerly by Lunenburg, n0rtheriy
by the northermost line OF said Governors Right,
and easterly by land occupied by William Hop
kns, containing $50 acres, more or less. Also
the three following described fifty acre lots in
said Guildhall, to-w1t: Lot No. a Of the original
right of Daniel Mckay; lot No. q of the original
/ right of Thomas Darling and lot No. % of the
/ original right of Elisha Whttlesey, all of the
/ first division of lands in said Guildhall. Also
/ lot No. 20 in the first division of lands in said
Guildhall, the same being designated and known
/ as "Glebe Lot" Also lots numbered 33 and "a OF
1 the second division of lands in Lunenburg afore
said, the whole together constituting the farm on
which the said Rosaline 4. I. Rhodes, Eldad 4
Rhodes and Ella Il. Rhodes now reside. Condi
| toned for the payment Of q certain prom
issory note for six thousand seven hundred
dollars, dated May II, 1874, signed 10y
| said John 7. Hicks and Joseph ID. Brown
payable to said Jared I. Williams or or
der in one year from the date thereof, with inter
est annually, which is now justly due and owing
and has not been paid according to the effect
the same, and the same has been duly assigned
to the petitioner. And the petitioner further
says that on the 18th day of December, y. ID
1873 the said John Il. Hicks having become th'
sole owner of the equity of redemption OF TIT
aforesaid lands, sold and conveyed the sam'
lands, excepting the Glebe Lot aforesaid to Ros
aline T. Il. Rhodes and Eldad A. Rhodes both o
Guildhall aforesaid, and on the same day sait
John T. Hicks sold and conveyed the said Gleb
Lot to Ella Y Rhodes of said Guildhall, and OF
the Goth day ST December, 1919, the said Rosalin
Il. L. Rhodes, Eldad A. Rhodes and Ella Il
T. Hicks mortgage deed of the whole of salt
lands to secure the payment of the sum OF tw
thousand or twenty-five hundred dollars, whicl
the petitioner believes to be still due and unpaid
And on the 2Sth day of September, 1876 the SAT-
Eldad a. Rhodes, Rosaline T. L. Rhodes and ELI
T. Rhodes ex cuted and delivered to Sallie L
Ray of Lancaster aforesaid a mortgage deed o
the same lands to secure tho payment Of on
thousand dollars, which last sum the petitione
believes to be still due and unpaid.
Wherefore the petitioner prays that the equt
of redemption of the said John L. Hicks, JOSEF
ID. Brown, Rosalne T. L. Rhodes, Eldad A
Rhodes, Ella Il. Rhodes and Sallie b. Ray in tn
premises may be foreclosed agreeably to the pre-
visions of the seventy-siXth section of chapte
twenty nine of the General Statutes, and that tn
honorable Court of Chancery will make such othe
and further orders and DEGREES in the premise
as shall appear just and reasonable, and,
Whereas it appears that the said John Il. Hick
Joseph d. Brown and Sallie b. Ray are residin
out of the State of Vermont so that subp9n
cannot be served on them, notice is hereby give
, to the said John I. Hicks, Joseph ID. Brown an
Sallie Il. Ray, and they are hereby notified to al
pear before the Court of Chancery next, to
held at Guldhall within. and for the county
Essex on the third Tuesday of March a. ID. 1877
then and there to make answer in the premise
and abide such orders and DEGREES as shall
made therein, and the petitioner is directed
cause the substance of said petition together wit
this order to be publ shed three weeks succe
} sively in the Essex County Herald, n newspapt
, published at Guildhall in said county of Esse
the last of which publications shall be at lea
: twenty days previous to said 3rd Tuesday
: March, 1877.
Dated at Guildhall this 9th day of Januar
) 1877.
CHARLES E. BENTON, Clerk.
w. S.sTADD. Solicitor. ,