Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-09-15
IN CIANCERY.
Essen COUNTY COURT or CuANCERT, septcm.
Der Term, 1871.
ARCHIHOLD A. MILLER,
GEO. A. BINGHAM AND OTHERS

GEO. y. BINGHAM AND OTHERS.
| Whereas, Archlr ola y. Miller of Boston, in
| the County OF Suffolk and State of Massl-
| Ghusetts has filed IN the Essex County CLERKS
office, his petition setting foitn in substaAce,
| that james b. Sumner late OF Dalton, i'll tho
| county of Coos, and state of New Han pshirJ,
| deceased testate, OH the 18th day of January.
| y. D., 1874, duly executed To Geo y. bingham,
| then and now of OF Litteton, III the County
| of Grafton and State of New Hampshire, Il
| Mortgage Deed of certain lands (anong other
| land not within the Stale OF Vermont and
| therefore not set forth situated and being ia
| the town of LuuenburS. i'll said County of
Essex. described as follows, viz: Four undi-
| Vided seventh pants of all the lands situated
| in said Lunenburg. owned rs tenants III com.
mon by said james L. SIMMER deceased, and
| the heirs and representatives Of the late Day-
| id b. sumner, on the 18th day of january,
| 1874, mtcnIinS i'll and by sad Mortgage to
| convey all the same lands anu rights, convey
| ed to said James Il. sumner by Sald heirs and
! representatives under AN agreement for PAT
! ttl0n of lands of that date, and reference be-
| ing had to said agreement and conveyance for
| IA more particular description thereof. Con-
| ditional for tue payment OF the salti James u.
| summers promissury notes, described Us fol-
| lows, viz: Two proniSsory notes dated April
| ID. 1873. payable to said Geo. A. Bingham or
! order on demand with interest "nnua!ly.
one for the sum 0t S15i 81 and the other n ths
! sum of 81 1856; and another note dated October
! :. 1871 for the sum OF 500, payable TO Chas. n.
| Smith or oder i'll one year frO.il It's date with
interest endorsed by the said Cha5. f. Smith,
which notes together with interest thereon,
I
| 4. Bingham duly sold and transferred sand
notes and Mortgage to the petitioner Tor .
valuable consideration, and the petitioner Is
| the legal holder and Donne tide. wner OF said
notes and mortgage. That the said James. Is.
| Sumner on said 18th day Of january ISL also
! executed to Daniel Even and John Bakeslee
| both of said Dalton, IL mortgage deed OF the
| same lands above described, and to which
said mortgage deed et said james b. sumner
to sain Daniel Even and john Blakeslco the
| said mortgage of said james B. sumner TO
| Geo. y. bingham, was made subject.
The said NOR gage to Even AID Blakeslce
also covered and conveyed certain lands in
| the town OF Dalton in the State of New Hamp.
| shire, to wit: That part of lands commonly
called, designated and known as four undi
| vided seventh parts of said Dalton, which; ut
! the date of said mortgage was owned by the
said James Is. Sumner. Conditional to secure
! the payment of the sum of Two thousand dol.
| lars.
And the petitioner ayers and charges that
said mortgage dcdt nancd in the condition OF
| said mortgage from said sumner to said Eweu
and Biakeslee has been fully paid and sittis-
| fed out of the said lands in the said town of
! Dalton, by u suit for that purpose by the
Courts of said State OF New hampshire, and
| HE equity of exemption expired and the said
| Even and Blakcslee sold the land for enough
| to satisfy their claim and all cost and youI
| petition fourteen says thBt the said James b.
| sumner deceased, on said ID, day OF january
! A. ID. 1874 duly executed to James b. Sumner
Jr. then and now of said Dalton mortgage
! decd of said above described lands in said
Lunenburg and which last named mortgage
deed is conditinal tor the security of large and
various amounts ofindeDtcdness and liability
J OF said james b. Sumner Jr maintained and
| set forth i'll the condition of said mortgage,
and among which is for endorsing promIs-
| DRY note for the sum of $1,000, d4ted July 3,
1872, signed aud made one, Beriah Wright,
! and male payable to James b. Simmer Jr.
or order ut the National Bank of Newbury,
Wells River, NeI mont, one year after its date
and endorsed by said James b. sumner DR.
| And the said james b. Sumner deceased also
put his name on the back of said note and
thereby made himself liable therefor, and had
| and received the full amount OF said note to
| his own use and DenIfit. And further setting
forth that the petitioner is the legal and equit.
able owner and holder thereof, and that ths
| same togather with the interest thereon is
now due and unpaRl. And futher setting
| forth that said James b. Sumner on the same
| 18th Cay ofJanuary 1874. execut cd mortgage
ofFaid lands III LunenbnIg to L. j. and S. Il,
! Ruggles OF said Dalton, and which mortgage
| is expressly made subject to said morta cages
| to said Bingham and said james B. Sumner
Jr, AMI that said I. j. and S. Il. Ruggles, have
! been adjudged bankrupts, and Ira 5. NJ, Cove
| of Whiteteld in said Coos County, n. III. has
been duly appointed their assignee.
And further setting forth that said James i.
Sumner on said 10Th day of January 1874 eX.
ecuted mortgage of said above described
| lands in said Luncnbur9 to Daniel Even of
said Dalton but which is made subject to SAID
mortgages and mortagage debts now holden
| by the petitioners as aforesaid. That James
| ID, Sumucr also on the 18th day of January
| 1874 executed q certain Other mortga re of tlia
same premises i'll said Lunenburg, TO John
Blakeslee. but which is subject to said NOR
| tgages and mortgage debts now held by the
petitioner as aforesaid.
That said James b. sumner on said 18th day
of January 1874 executed Il mortgage of the
stme lands in said Lunenburg but subject to
| the mortgages and mortgage debts now helt
as aforesaid by your petitioner, to said George
IA. Bingham of aid Littleton and A. T.. Car.
pcnter o. Bath, Grafton County. n. IT,
And further setting forth that since the
making of said mortgages the said James 81
sumner has deceased testate, that his viii
has been duly proved in the State of New
Hampshire, that james Il. Sumner Jr., of said
Dalton, George a. Bingham OF said Littleton,
and Ira S. Nj. Cove OF said Whiteteld in said
State of New Hampshire are the Executors of
said last viii and testament of said james Is.
sumner in said State of New Hampshire And
that Josiah ii. Benton of Maidstone, in the
County OF Essex is administrator of the Estate
of said james b. sumner in the State of Ver
mont,
Wheretor the petitioners pray that the
equity of redemption OF the said George A.
Bingham, james ID. sumner Jr,, Ira s. NJ. Cove
Daniel Even, John Rlukcslee, II. j. ~. S. l..
Ruggles, A. +. Carpenter and j. Ii. Benton
in the premises may be torecl0scd. and that
the Honorable Court of Chancery will make
such other and further orders and DEGREES in
the prem Uses as shall appear just and reason.
able. And it being made 10 appear that tho
said George A. Bingham, James b. Sumner Jr.
Ira 5. NJ. Cove, Daniel Even, John Blukeslec
L. j. n. S. E. Ruggles and a. p. Carpenter ali
reside ont of this state so that a citation can
not be served on them. II is hereby ordered
tnAC notlce DC gwen TO thtm by publishing
The substance of the petition with this order
three weeks successfully in the Essex County
HERALD newspaper printed at Guildhal in
said Essex County the last of which publica.
tlon 10 be at least 20 DAYS previous to the 18th
day of September A. ID. 1877. being the day fix.
ed by law for the next term of Essex County
court to be begun and held at Guildhall with
III ana for said County of Essex. ut which time
and place the SAID Defendants ire hereby no.
tihedto appear and make answer in the prem
ises.
Dated at Gnlldhall this 9Th day of August A
d., 1877.
CHAS. E. BENTON, Clerk.