News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1883-03-15
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Order of Notice.
ALBERT ROBEIsTOw,
In t5l10cpTE.

ALBERT ROBEISTOW,(
VS.. IN ChanCcry.
GEORGE G. MAY AND LamoilIe County,
JULIUS NJ. RULER. J April Term, AID. 1883.
WHEREAS, The said Albert Robeistow, of Bel
videre, in the County of LamOille and State OF
Vermont has this day filed in the Clerks ONCE OF
said Court of Chancery, Bill Of Complain
against George q. May, OF Troy, in the County OF
Orleans, and julius NJ. Ruiter, now in parts un-
known, to said complainant, returnable at the
April Term, 1883, Of said court, therein setting
forth in substance; that ON the 10th day of June,
A. D. 1881 the said RObeistOW made contract
with said May, for cutting, drawing and deliver
ing said May, ut his mil III Troy, all of the tim
Der ON said Mays land IN SAID Troy, that he
purchased of George Il. ROWell and Lucy howell,
suitable tor mill or saw logs, except the hcmlOCk
standing growing on the north side of the creek
that runs through 81 d land; that Robeistow was
to deliver fifty thousand feet of logs per
week; that SAID contract was subsequently
modified 50 that RObeIstOW was to get out
only forty thousand feet per week; that said
May was TO pay RobelstOW two dollars for every
thousand feet of hemlOCk timber and two and
53OQ dollars for every thousand feet Of other TIM
Der; that May was to pay RODcIstoW two and 2J-IOO
dollars per cord for hemlOck bark that he should
peel and deliver to said May; that May should
pay sand RObeIStUW every week for threC-tOuTths
OF the work done under said contract, and the
other One-tOurth should apply toward teams that
May was to sell to said RObUISt0W; that SAID May
was to furnish said RobeistoW house amt half Of
= barn Tor occupancy WhlS he was WorHnS under
fast as payment could be made out OF said one
fourth reserved IN saId contract; that on the 23d
RODeIstOW one black horse, one gray horse, one
brown horse, one brown mare, TOUR work har.
nesses, one chain, two OF whifletrces and
eVenerS; that SAID RUDelotOW gave said May 4
note for 3O0 dollars, payable one day from date
for the same, ana Il cuattel mortgage of said pro
perty, conditioned for The payment of said notes
RObelstOw; that ON the 23d day Of July, A. d.
1851, said May sold said RobeistJw one brown
horse, one black mare, two work harnesses, one
pair of whltletrees, one eYener one cable chain
and one neCEyoke; and said RebeIstOw gave sand
May his note for two hundred dollars for said
property, payable on demand, and gave said NAV
chaltel mortgage Of said property to secure
said note and to secure the performance of said
contract; that on OF about the 24th day of July y
ID. 1881, said MAY sold to julius NJ. Ruiter a half
interest in said land, said contract and notes and
that thereafter said May and Ruitcr conducted the
business relating to said Contract and teauS and
a lumber business, under the firm name OF George
q. May x Co.; that pursuant to sait contract on
the 22d day OF August, 1881, SAID May and Ruiter
sold to SAID koDelstoW one gray horse and one
black mare, to be paid for in work under said con
tract, and took lien on the same to secure a note
Tor I'D dollars given thGrttOrS That at the time all
OF said notes were given 1t was agreed that said
RObestow should not be required to pay the same
any sooner or faster than lie could do SO out OF
the I4th provided tor i'll SAID contract; that said
RoDeistoW entered upon the perform tnce Of said
contract on the 2Sth day of June, y. D. 1881, and
expended about twenty dollars III clearing mill
yard, about twenty-five dollars IN repairing said
house and barn, and large sum of money in
making roads and bridges, 50 as to get out said
logs, and fulfilled and performed his part Of saId
contract, until the 18th day OF November, \. ID. |
1881, " hen the said May and Ruter, without his
consent or know ledge, and without any previous !
demand, took possession of all OF the property |
sold to him as aforesaid, and took possession OF !
all OF the logs then cut, and of the work being |
done, and thereafter performed the work provided
Tor in said contract, and used said teams in the
Of said work, and prevented sand /
RObelstoW from further performing said contract, |
that at the time said May and Rulter took posses
sion of said teams said RObcistoW had 20 logs in .
the mill yarG and 3OOOlogs cut and skidded ii the |
woods, and that said Robestow had then paid |
SAT- ct NN-tS
Il valuable contract; that said RObeistOW had sut- |
fered great loss and damage on account OF the |
taking OF said teams as aforesaid, and on account
of being prevented from conn leting said contract
by said May and Ruiter aforesaid; that said |
never received any notice that said |
property would be sold at public auction, or
and that he believes the same have
never been sold at public auction; that SAID Rob
eistow has demanded said property, and said May |
and Ruiter have refused to return the same to
him; that said RObeistow has requested said May
and Rulter to account for the rents and profits OF
said teams, and that said RobeistOw has at all
times been ready and willing t. perform his part
Of said contract, and pay any balance that may
be equltably due to said May and RultCr with re
Spect TO SAID teams; that SAID RuItCr now resides
put of this State; and praying that the Defendants
may answer; that all necessary accounts may be
taken; that said RObestOw may be allowed to re
deem said p. operty upon payment of what may be
1qultaDly due therefor If anything; that the De
PENDANTS may be deCreed to deliver to SAID Kobci-
stow said property, and in case the same or any
part thereof has been used up or disposed of, to
pay the just value thereof; that the Defendants
nay be decreed 10 pay to said RoUeistow any bal
thce that may be found due to him upon the
accounts to be taken 5 aforesaid, and for such
other and further relief in the premises as the
acts and circumstance of the case may REQUIRE |
ana to said Honorable Court shall seem meet
Ana II appearing that the said Julius NJ. Ruiter
5 now residing without this State, that sub
lHha cannot be served upon him, it is therefore
ielebE ordered that said julius NJ. kultcr make
MS appearance before sand Court at II yde Park
II The County of LamUIlle. on the first day Of thc
erm aforesaid, to wit on the 4th Tuesday OF
Aplll a ID. 1883. and make answer to said bill OF