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

STATE OF VERMONT Essex County,
PORTER TINMAN vs.. HEZEKIAH WINS.
Low, A. w. COOMBS, w. S. FOSTER and
GEORGE b. JAMES.
Whereas, Porter Human of Brighton in Essex
county, Vermont, has fled in Essex county clerks
oillCe his petition, setting forth that Charles w
Pierce, then Of the same Brighton, on the Sd day
of January, A. ID. 1873, duly executed to George
y. Dale mortgage deed OF certain land in Nor
gan, Orleans county, Vermont, described as fol
lows
Being the same premises which were on said
last mentioned day decided by said Dale to said
Pierce, and the same that said Dale bought of
John K. Kmpton by deed dated August 9th, A.
y. 1870, and recorded in the Morgan Town Rec
ords in Book page l22; refer to said deed for q
description Of the premises conveyed in said
mortgage.
Also the south-easterly half oflot number four
tee1i the second range of lots, in said town of
Morgan. Also all tho remainder Of said lot
which is on the easterly side Of the river passing
through said lot.
Conditioned for the payment of note payable
to Horace Stewart for one thousand dollars, dated
October Sth, A. d. 1870, signed by Porter Hin.
man and John NJ Bartlett, with terest accord
ing to the tenor Of said note. Also for the pay
ment to said Dale of one thousand and eighty.
two dollars and fifty cents, described in a note
dated January 3D., a. D., 1873, and signed by said
Pierce, and payable in one year from its date,
with interest annually, which are now justly due
and owing and have not been paid according to
the elect OF the same.
And your petitioner further shows that John
e. Kimpton, then Of the same Brighton, on the
l4th day OF February, A. ID. 1870, duly executed
to John Cargill of the same Brighton, Il mOrtga-
&c deed of the same premises.
Conditioned for the payment of promiss cry
note signed by said Kimpton, dated on the same
l4th day of February, 1870, for one thousand dol
lars and payable to the said John Cargill or bear
er, in four years from its date, with interest an
nualy, which is now justly due and owing and
has not been paid according to the effect of the
same and that afterwards the said G. w. Pierce
acquired all of said kimptons interest in said
premises
And your petitioner further shows that on or
about the third day of January, a. ID, 1873, Heze-
kiah WinsOw and A. w. Coombs, both OF Port
land Cumberland county, Maine, took mort
gage of said premises from said Pierce, and
now claim to hold the same by virtue of said
mortgage to secure the payment of a large sum
of money, but just how much your petitioner is
unable to state
Your petitioner further represents that on the
9th day of March, A. d. 1915, c. w. Pierce exc
cuted need Of a portion of said premises TO w.
s. Foster of Derby in Orleans county, and said
Foster claims to hold said portion conveyed by
his, said Pierces, deed.
And your petitioner further represents that
about the first day of December, 1915, said G. w.
Pierce was adjudged u bankrupt by the Honor
able United States District Court in and for the
District of Vermont, and on about the 14th
day of December A. ID. 1873, all the aforesaid
premises were duly assigned to u. NJ. Mansur,
who was then and there the assignee of said
Pierces estate in bankruptcy, and sal Mansur
duly sold the equity Of redemption Of said
Pierce in the same premises to George B. James
of Boston in the county of Suffolk and State of
Massachusetts, who now claims to own the
same.
And all of said mortgages and the notes there
by secured have been duly assigned to the petit
toner,
Wherefore, the petitioner prays that the equity
of redemption Of the said Hezekiah WinslOw, A.
w. CoOmbs, w. S. Foster and George b. James
in the premises may be foreclosed agreeably to
the provisions of the statute of this State and
Whereas, it a'peas that Hezeklah Winslow,
4. w. Coombs and George Il. James reside out
Of this State so that subpoena cannot be served
on them notice is hereby given to the said Heze-
kiah WinslOw, A. w. Coombs and George b..
james, and they are hereby required to appear be-
fore the Court of Chancery, next to be held at
Guildhall, within and for The county Of Essex on
the third Tuesday of March, A. ID. 1877, then
and there TO answer TO said petition and abide
the orders and DEGREES which shall be made
therein and the petitioner is directed TO cause
the substance OF said petition together with this
order to be published three weeks successiyely in
the Essex County Herald q newspaper published
at Guildhall in said, Essex county, the last of
which publications to be at least twenty days
previous to said third Tuesday Of March, A. d.
ISL.
Dated at Guildhall this Both day of January, A.
d. 1871.
CHARLES E. BENTON, Clerk.
GEORGE N. DALE, Solicitor for Petitioner.