St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1877-04-20

THE First National Bank of st. JOhnsbury
l. having filed in my office a petition retuTnahle
to the next June term of the Court of Chancery in
Caledonia County, setting forth in substance that
James b. Sumner, of Dalton, New Hampshire on
the oath of April, 1873, gave a mortgage of three
undivided seventh parts of the town of Lewis in
Essex County, conditioned for the payment of a
note of s2OO9 ID, to Benjamin f. Whidden of Ian
caster, \. H, and also to secure said Whiddpn
for endorsing certain notes of said Sumner the
petitioner, that said notes to said Bank are wholly
due and unpaid, with large of interest
and that they are unable collect the same OF said
Whidden, that said Whidden has ass gned said
mortgage to the bank that afterwards said sum
ner executed other mortgages of said property to
l. j a ). +. Ruggles, William 5. Crouch, Daniel
Even, James Bolles and !ucius Bond of Dalton.
and one to Richard Lane il. and VIM. K. Quimby
of Whiteteld. n. H.
That at the same time of the execution Of said
mortgage to said Whidden, he executed another
mortgage to said Whidden and Jacob Benton Of
the same property:
That prior to the execution of said mortgage to
said w hidden, the said Sumner had given mort
cages to James j. Barrett of Littleton b. c. Smith
of Swanzey, n. H., George A. Bingham of Little.
ton James Is. sumner DR., of Dalton n. H., to
Beriah Wright and Nathaniel W. French OF Lun-
enburg Vt.
That on the LIST of Jan. 1873, said J. B. Sumner,
made a contract to sell the timber of said Lewis
lands to The Holyoke Lumber Co.. consisting now,
of Charles Davis of Portland. Maine and Joseph
&. Lewis, of Hydepark, Mass, which contract ha,
since been assigned by said j. b. Sumner to j. u.
sumner DR., and by him to A. A Wilder of Boston,
That said Lumber Co. have taken large uuantitr,
Oh hummer under sad contract and that the pay
ments therefore have been made to said Barrett
Bingham and ]. b. Sumner Jr, and should be- ap.
pied to eXtinguish their mortgage debts The rr
tltlon alleges that said mortgage debts of said Bar
rett, bingham and James Is. Sumner were in great
part illegal and invalid, and that un "A full account
ing nothing is due thereon Also alleges that said
mortgages of said b. c. Smith and Beriah Wright
are fully satisfied.
That said Sumner has deceased and that GeoI-s
\. Bingham, James Il. Sumner .Jr. and Ira ). VI
Goor, are executors of his will in New Iami.
shire and that Josiah II. Benton has been appoint.
ed his administrator in Vermont That Charles ".
King has been appointed administrator of the said
n. w. French
Petition prays for a full accounting by said liol
yoke Lumber Co, also a iull accounting by said
Barrett and all the other prior Mortgages To said
Whidden, and if anything is due ON any OF said
mortgages to redeem the same That all otheI
securities held by them be first applied assigned
to the petitioner:
Also prrays for foreclosure against the represent
atlVes of James b. Sumner, and all subsequent
mortgages, and for general relief. In order 10
give notice of the tendency of said petition 10 all
parties named living without this state. it is order
Ell That the substance of this petition be published
IN the st. JOhnsbury Caeduniun three weeks sue
cesslvely, the last to be at least twenty DAYS brlM
the list Tuesday of June next.
Given under my hand this 4th day of April \. y.
1877.
72-4 A f. RANKIN, CLERK.