The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1877-11-09
STATE OF vERMONT-ADDIsON

~ u,
In Chancery: silas IL. Kent V. John and MARY
Cary.
silas X: Kent. of Bristol, in said county, having
llleu ms bill N chancery with the clerk of said
court, setting forth that on the 18th day of Feb.
riiary, 1863, Levi \. Downing and Mary A. Down.
ing, OF Monkton, in said county, conveyed to
Mary cary, then the wife of John Cary, AMI hoin
resident then in IInesbmgh, county Of Chiti,u.
den and state of Vermont, the following ,le-,t brd
tract Of land situated in Bristol, aforesaid t" WI
All "i lot 40 90 1.-The 18th division of said Bristol
which was drawn 10 the original right of Samurl
Avery, except that portion which Henry Super
had heretofore decided to Amasa Mathewson br.
ing the same premises which was decided To r. L.
Atwood by Hiram Atwood and wife by deed
lated June /, $50, including also the house and
buildings described in deed from Hiram Atwoml
To said Levi Downing. dated March 26. 1867, con
tanning forty-siN acres, which said CONVEYANCE.
was upon consideration of seven hundred dollar
expressed iherein that at the date of said convey
ance ii was agreed by and between said Down
Jugs and said Carys that the same should he mad.
to said Mary and that the payment of the mole,
given for the purchase money thereof should b..
secured by mortgage deed TO said Levi ~ amt
Mary y. Downing, that said John and Mary Car,
'li,l then and there make and sign such prnmi;-
sorry notes for such purchase, to wit. fourteen
notes of $50 each, all dated February Il, ls6a pa,
able to said Downings or bearer with interest All.
nually amer April /, $50, the first the lae last
named and the Others on that day in each succeed
ing year until all should he paid, and Ia secure
payment of said notes the said MARY Cary ,nd
then and there in the presence of and bv and with
the advice and consent of her husband, the SAID
John Cary, execute a mortgage deed of the sam,
premises above described To said Levi " aui
Mary \. Downing, and through inadvcrrncc and
mistake the said John lid not Join his wife in th
execution thereof and said Downing's received
salh notes and mortgage executed ON the l.,ti,
day of February, ls,ig. And that said Mary and
'Iohn cary entered upon and took possession OF
saih premises, and continued so in occIipanc, a,ih
possession thereof until on or about February l.
lS'O, when the house DESTROYED bV ire
shortly after which said John and Mary Inr,
Cary wholly abandoned the same and ran AWAY l.,
parts unknown and have ever since remained
AnH further setting forth that afterwards I" wal
ON the 2Ah day of October 1872, the said Lcv y
conveyed said premises To the said Sias H. AID
afterwards To wit: ON the day and year aforesaid
the SAID Levi y. and Mary \. Downing assigned
said notes and mortgage To the said Silas H. who
The same. And praying that Il reference OF the
ease may he ordered TO a master Ia ascertain the
sum due your orator upon said mortgage note-
ami that some early day he fixed for the payment
of such sum as shall be found due thereon, and
that sald John and Mary Cary may he dccreed To-
pay the same To the orator ON or before such day,
ami IN default of such payment that said John
anu Mary Cary may be forever barred and fore
closed from all equity of redemption in ,nii
premises.
And ii appearing that the said John and MARY
Cary reside without this state 50 that subpoena
cannot lie served upon them, il is ordered that
they he notified 10 appear ON the first day of the
next stated term of said court TO be held al Mid
debury, in said Addison county, on the second
Tuesday Of December. 4. u. 1917, TO answer Ia
said bill in chancery, 10y publication of the sub.
stance OF said bill with this order three weeks size.
cessively in the Middlehury Register, printed al
Mlddlebury aforesaid, the last of which publica
tons to he al least twenty days previous to sad
term of court
Dated nj Miidlebury, aforesaid, this s5lh day OF
Octaber lS.1
80 RUFUS wAINwRIGHT CLERK.
W. W. RIDER >ol'r Tor orator