Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-02-03
IN CIIASCERY.


STATE or VERMONT, Essex County,
Laser County, IS. March Term, A. d.
HORACE sTEWART vs.. RUFUS G. KDIPTON,
GOPHER NJ. MANSUR, Admir- of John T.
himpton's estate, ana JAMES w. CADES.
Whereas Horace Stewart Of stlnstead ia tiie
county Of signsiead in the Province OF Quebec
iids hied m EsseN county clerks Office his petit
ton setting forth that Rufus g.. kimpton then Of
Brighton In said Essex county, but how of the
same Stanstedd, ON the 24Ih day Of July 4. ID.
1876 duly executed to said Horace stewart
mortgage deed Of certain lands In Brighton, Is
sex county, Vermont, described as follows, viz:
Being one-half of lot number two hundred and
sixty and the whole Of lot number two hundred
ana siNty-tWo as represented ON GOodwin's plan OF
island Pond village in said Brighton, said Tots ex-
tending seyenty-hve feet on Derby Street and
back al right angles one hundred and fifty feet,
being the same land decided said Kimpton by
samuel ID. lloUsOn by deed dated August let, a.
ID. l.6j and recorded in Book 5, page 397 OF
Brighton land records.
Conditioned for the payment of a certain prom
issofy note dated on SAID 24th day Of July, lSOj,
signed by said Rufus G.. Kimpton for four hum
ured dollars payable to said Horace Stewart or
bearer in one year from its date, with interest
annually, which is now justly due and owing,
and has not been paid according to the effect OF
the same. AEd your petitioner further shows
that on the 30th day of August A. ID. 1866 the
said Rufus G.. kimpton decided the same premises
to John +. kimpton.
And your petitioner still further shows that
John II. kimptOn on the 9TH day Of January, A.
-. l1uf uuly executed 10 the OEtluOter a
mortgage deed Of the lands above described.
Conditioned for the payment of four hundred
dollars in one year from date described in Il
prOmissOry note dated January ), 1867 PAYABLE to
Horace Stewart or bearer for four hundred dol
lars with interest annually one year from its
date, which is now justly due and owing and has
not been paid ccording to the effect Of the same
Ana your petitioner still further shows that on
the 4th day Of April, A. ID. 1868 the said John e.
kimptOn decided the same premises to James w .
Cades by a warranty deed and saidJames W.Cades
claims to own ana is now occupying the same
under said deed. And your petitioner still fur
Their shows that about four months since the said
John Il. kimptOn deceased and that Gopher NJ.
Mansur was duly appointed administrator of
his (said John +. Kimpton's) estate by the Hon
orable Probate Court in and for the District of
Essex, Vermont, and that said Mansur accepted
said trust and said estate is now in the process
Of settlement in said Probate Court.
Wherefore the petitioner prays that the equity
of redemption Of the said Rufus q. Kimptsn,
Gopher NJ Mansur administrator as aforesaid
and the estate of said John Il. Kimpton and
james w. Cades in the premises may be fore
closed agreeable to the provisions Of the General
Statutes and that the Honorable Court of Chan
Gerry will make such other and further orders
and DEGREES in the premises as shall appear Just
and reasonable. And,
Whereas it appears that Rufus G. kimpton re-
sides out of this State SO that 4 subpoena cannot
be served on him, it is therefore ordered that the
substance of said petition be published three
weeks successfully in the Essex County Herald /,
a newspaper published at Guidhall in said coun-
ty of Essex the last of said publications to be at
least twenty days previous to the third Tuesday
of March, A. D. 1871, the time established by law
for the next session of the Court of Chancery to
be held ut Guidhal within and for the county OF
Essex, at which time and place the said Rufus 6.
kimpton is hereby notified to appear and make
answer in the premises and abide such orders
and DEGREES as shall be made therein.
Dated at Guildhall this Both day of January,
A. ID. 1877.
CHARLES L. BENTON, Clerk.
GEO. n. DALE, Solicitor for Petitioner 5