The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1881-04-01
Addison County, IS. In Chancery.
CHARLES j. SOPER VS.. GEORGE w. TAFT
and j. w. BARNES.

CHA RI.ES u, SUPER VS.. GEOHGE w, TAFT
and j. w. BARNES.
Charles J. soper, OF Middlebury In said county,
having fled his petition In said Court against
George W. Tan, of Fresno, California, and J. W.
Barnes. of vergennes, county aforesaid, setting
forth In substance that on the 10th day of Octo-
Der, A. ID. 1850, he was married to Marcia L. TAFT,
and that about four years after said marriage he
purchased of one Henry .. Clifford house and
on the north by William NJ. Bass house lot; east
by land occupied by Mrs. Abbey Wainwright;
south by George c. Adams house lot. and west
by the highway running south from the Court
House in said Hiiddlebnry. That the considera-
ton paid for said premises was 5000; $500 OF said
consideration money was furnished and paid by
Marcia, the petitioners wife, and $780, the bal
ance of said consideration money, was furnished
and paid by the petitioner himself. and q mort
gage of $500 then outstanding agaist said prem
ises was assumed by the petitioner and his wife.
That it was agreed between the petitioner and
his wife Marcia that the deed of said house and
lot should be given and executed to the petition.
er's wife, Marcia l.. Soper, and that the deed
executed as Aforesaid should not he regarded as
as settlement upon said Marcia, but only as q
security for the $500 paid Aforesaid by said
That the petitioner was advised and informed
by his attorney at law that in case said deed
should be executed as aforesaid to said Marcia
he (petitioner) would, in the event of the death
of said Marcia before his own dissolution, holt
the whole property during the term Of his natura
life. That believing and expecting his Owl
death TO occur before the death of his wife. AND
for other reasons above stated, he allowed said
deed to be executed to the said Marcia.
That the petitioner invested the sum Of slso(
premises. and has paid the interest money from
time to time as it became due upon the mortgag,
aforesaid.
That the total amount of the said Marcia's pro
perry invested in and upon said premises wal
$500. and that the whole expense of supporting
and maintaining the petitioners family and thu
children OF said Marcia by former husband hal
| been paid by the petitioner. That in pursuanc,
and recognition Of the agreement between til,
said Marcia and the petitioner. George W. Taft
the heir of said Marcia by q former husband
promised and agreed since the death of sale
Marcia, which occurred on or about the 2lst day
Of October. A. ID. 1880 that the petitioner SHOULD
not be disturbed in his quiet possession Of sale
premises, and that he should hold the same fo
| the remainder ofhis natural life.
And said petitioner showing said court tina
ment Aforesaid, has given said petitioner motto
to quit the said premises, and threatens to evic
person duly appointed n by the Hon. ProSa
Court within and for the District of Addison, ha
applied for leave to sell said house and lot as thu
sole and Ana OF the sad Marc
George w. Tan and w. Barnes. their agent
and attorneys. may be enjoined from disturbin,
oS from ms dps' OF sal
or disposing Of in any way The said propert
until the further order Of the court, and that tn
| said j. W. Barnes be decreed TO convey the sal,
premises to the petitioner: 1t is ordered by sal,
Court that an Injunction issue on the filing b.
the petitioner with the clerk of said Court of
bond with surety in the sum of $500, and sal
bond being duly filed, the SAID defendants ar
strictly enjoincd and restrained from selling
leasing, conveying or disposing OF in any wa
the house and lot described in the foregoing bill
and from disturbing the said Charles j. soper /
his quiet!possessfon Of the same until the furthe
order Of the Court.
And It appearing that the said George W. Tai
Is without this State, 90 that said petition an
injunction cannot be served upon him, 1t Is OF
dered that he be required to appear on the 1st da
OF the next stated term Of said court to be held q
Middlebury aforesaid. on the first Tuesday @
June, A. ID. 1881, then and there to answer sal
petition, and for that purpose the said petitione
petition. order Of Court. and this order. thre
weeks successively in the Middlebury Register
| printed at said Middlebury aforesaid the last O
which publications to be at least twenty day
| previous to said term of said court.
| Dated at Middlebury, this 2sth day Of March
A. d. 1881.
c. g. WAINWRIGHT, Deputy Clerk
| AMOS II. CARPENTER, Solicitor.