Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1882-07-26
STATE OF VERMONT,
WASHINGTON COUNTY. s.

,,sa.,,J As Il. EARLE rs Wasuingtou ST H5st,p
STATE OF VERMONT,
! WASHINGTON COUNTY. S..
= trLrus P KNAPP
: $500 ~ . :; 4 GBBARD In Chancery
'''i'-N' .; HUBBARD September FERN IS.
HouEn " HEArox.
WHEREAS, julius P. Knapp Of NontpeIiar i, .,
o44Sty 81 Washin <ton has this day died in tie one
H. ne CierA u me Court Of Chancery, within and To-
me county Of Washington, his bill in chancerv atss
ashley Hubbard, Charles J. Hubbard OF East Mnni
county. and Charles G. Hubbard, Of III Sail
' fb nrate pt Iexa9 setting forth in substance
War anq S fl atoresald was on the 30th day
farm in the state Of Iowa described az foows " 4pl
vest larter OF the northeast quarter Of sec6T
range ten, in the county Of Fayete in the t sc
, Iowa containing forty acres" - -' Tate VI
l nat prlOr thereto, TO wit; he 9Th
TENDER, A D 1876 Ashley Hubbard had on s 5er
Iced Vas san d ana TO one Charles g Hubbard, whic
TdS pI tayette county in the state Of Iowa The aid
him By Ashley aBba irp as and and
lev In pse o aeeplhE lttrom attachment Ash
That on Or about the Goth day Of March, ISL in con
70 Ashley Hubbard he purchased sad apd 5 9e orator
Ashey Hubbard That the said Ashley Dr0cured from
Of said land to the orator ana on t6e sa ID
6I wa III irfh, the sad Ashley Hubbard and
iced Of said land to the orator ''' 7Ae'''leu 1Aer
That the same 3Gth day Of March rs-- tbo o-..ou
barxalned and sold to the said Ashley HubbarIi p
consideration OF 1850, house and lot in MontpeiIer
Harvey freeman On The st 4 ia tn of 2F 16s
Idat on ne said LIST day Of June 1876 the orator
and lot to secure the sum Of $500 IF the Dnrrbase
" one Of said notes for S7j payable in one YEAR tI
Ito Ilree n9tes iOr SlOO each payable severally in
35 payable in Ave years from late The note Tor
siis mortgage debt on the Goth day Of March M was
The orator allowed Ashley Hubbard $500 for tbo
house and lot leaving balance Of $3.50 due the Sau
H. wi aRreen by the orator and Hubbard that HIb
99art Wolld assume anu pay the Freeman mortyage
eDt 20 tne sald reean az the orators notes he ii Nv
ErgenaL became dle and the orator agreed to pay
mortgage debt Of the s46O that Hubbard owed he r
vas to be paid by the orator, but he unerst6G Sn
ug ~ pag u az any Jime before the LIST Of June ssi
wien me last note became due to Freeman or i1pon
That the said Ashley Hubbard was insoIver+ ~, a.,
present time. By the direction Of Ashley Hn6barGg
ming to Ashley Hubbard was made 10 e one 81 Flb
81 MOI & " IN which deed the grantee
w WI ns Sfen my Rad by SAID grantee Hubbard
That On n the ith day q March s77 the orator met
A5hi u Hnn9arh and n Brooks at the office Of T.
P Brooks was then and there deVeraRSe 20, 0rS
Bro3Es S14 caqsed me same to be recorded in the
mas been well seized and possessed OF the same from
That the deeds Of Ashley Hubbard and JuIia
Hubbard to J. P Knapp, and Charles G Enbbari to
iyered 70 Knapp upon the payment Of the sum Of
lAIy nve t2qrs me amount which Knapp had agreed
That on the 'th day Of August 1871 the raor Id
~ he paid Ashley Hubbard SO more to apply 6n FER
sum n sixty i've dollars aforesaid These sums we're
The orator, after making said payments vent to the
state Of Iowa 70 ascertain the value and condition Of
n the west f9r some time and when he returned to
the Eyye dollars and the interest fe on Pa Pa
same n pursuance OF the above named agreement
leeds aforesaid to the orator he had agreed and
1850, he made Ashley Hubbard a teH Sddy Of 81
the AMOUNT que as lforesad and demanded the leeds
refused to receive ana informed the orator that hs
had forfeited his right to SAID deeds and land BY not
making his said payments at an eHrer date TGe or
and emaaded the leeds left With 68 IN y eaton
ana he also refused to receive said MONEY and rassa
deliver the deeds to the orator he luSht 10 have
lone AMI told the orator that he must confer win
That he 5t4 day Of July, 1891 the orator again
dollars n gold coin If the United States and has
iince kept 3aa teader f2od hoping that Heaton and
said deeds OF the Iowa land aforesaid to the ora
the SAID Heat6n and Hubbard to accept 1ad
money and 70 eve him his deeds which they refuse
The said Heaton says that he has now only ope NJ
M Missing H and III tba fe6 he OF Ghares
'ecolect OF seeing it since the 2th Of March i'm
,ard OF Ashley Hubbard, who was a law student
It that time IN Mr; Heaton Qhce, and made and wit.
lessed The deeds left with Mr. Heaton. Mr.. Heaton
ays that no one but Charles j. Hubbard has lad ar-
rom his s1fe that after these deeds yero lag f Iee
Inn. and while he Mr.. Heatonj confined az his v
ard applied to him for the key to the safe, saying he
'lshed % see the hnapp deeds He delivered the key a
rued It, and Mr. Heaton says he not seen the u
81 Dor aee Mardh @ Mr. Hea hhaRp since that
rator that he had advised Ashley Hubbard and s
nd deliver to him the deeds az they ought to- and as
The deeds Of Charles G Hubbard to J. P Knapp and
shey Hubbard and Julla A. Hubbard had never been f
tate Of Iowa, when left with Mr. Heaton and fhere
IRE gave me orator no legal title to said land until de
The defendants IN carrying ont their purpose to de
-aud and nyure the orator afterwards, to wit, the
II day Of December teis, conveyed said land in Iowa
exas By warrantee deed Of that date iuiy scented
Ashley Hubbard, and recorded in the land records
the county Of Fayette, state Of Iowa. The orator
eeves that said conveyance was made without con
Iteration and for the purpose Of niurinE the orator
nat Charles IT, hubbard now Pretends to have and
wn some interest IN SAID land BY virtue Of said con
eyance. But now so II is, may It please the Court
nth divers other persons at present unknown to your
rator, whose names, when discovered, your orator
pit words 10 charge them, do pretend and give ont in
a e prt3r nas neysr paid f9r said land
ny part OF it to the said Ashley Hubbard or II W
ruth really is that the orator has paid and 0fered 70
ay the tull price and value Of said land TO Ashley
is part OF the contract.
All which aCtingS, QOlngS preteQseg
> equity and good conscience. and tend to the mani
injury Of your orator, and for as much as your or
tor is altogether remediless in the premises by the
trfct rules of law and cannot have any discover or
elief but in court OF equity where matters Of this
Hture properly cognlzable, to the end therefore
nat the said Defendants and their cOnfederates when
lsCOveredl may upon their Oaths true full and per
sct answer, make to all. and singular the matters
nd things Aforesaid. as fully and particularly as il
he same we're herein again repeated and they there
their respective knowledge Information or belief
nd more especially that the said Charles j Hubbard
hubbard called the starr deed from r. W iea9n's
Ife and what become of said deed, and state where
shley Hubbard may set forth whether Charles e.
uhbard was present or knew that he the said Charles
nd how the same was paid for or agreed be paid tnr
the said harles q Hubbard and whether the said
barles q. HuObaru knew that tho orator purchased
Thrt, that the defendants Ashley Hubbard. Cbaria5
lme the dpedn called from the SAID Chares
Hubl@ri that was left with the said H. W Heaton
And rrayius that the defendants be ordered to ac
W. Iced lett with t. W Heat6n in March ts74 10 ~
rator tho clerk OF the court for the orator and
rator ana that your orator may be further reiieyed M
the premises according 10 equity and good con st
And. whereas, 10 ig made o appear that tho said o.
harles a. Hubbard resides without this state where IL
il therefore ordered that the said Charles a. Hub. d,
ard be notified Of the tendency Of said bill in chan
cry and summoned TO appear and make answer there.
,, and show cause II any he have why the prayer
ChlnCery, next to be held at Montpelier within and
n the county Of Washington on the second Tuesday
y the publication Of the substance Of said Bin in
lancery, together with this order thereon, three
eekly newspaper pub ished at Montpelier aforesaid
e last Of which publications shall be at least 20 days
81 which shall be deemed sufficient notice to said
lares q. Hubbard
Washington, this 18th day q July, A. D, 1881
4 mr. ryrrr Gotta FnrD