News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1883-03-29
WILL CERTAINTY CURE
Order of Notice.
ALBERT ROBEIsTOw,)

| ALBERT ROBEISTON,0
VS.. In Chancery.
GEORGE G. MAY AND Lamoille County,
| JULIUS NJ. RUIrER. J April Term, AID. 1888
| WHEREAS, The said Albert Robeistow, of Bel
| videre, in the County of Lamoille and State OF
Vermont, has this day filed in the Clerks Office OF
| said Court Of Chancery, Bill Of Complaint
| against George q. May, of Troy, in the County OF
| Orleans, and julius NJ. Ruiter, now in parts un.
| known, to said complainant, returnabe at the
| April Term, 1883, Of said court therein setting
forth in substance; that on the 18th day of June
! A. ID. 1881, the said RObeistow made a contract
with salu May, Tor cutting, drawing ana denver
ing said May, at his mill Troy all of the tim.
Der on said Mays land IN said Troy, that he
| purchased of George B. ROwell and Lucy ROwell
suitable for mill or saw logs, except the hemlock
| standing growing on the north side of the creek
| that runs through said land; that RobeistOw was
] to deliver fifty thousand feet of logs per
| week; that said contract was subsequently,
modified SO that Robeistow was to get out
only forty thousand feet per week; that said
! May was to pay RobeStOW two dollars for every
| thousand feet of hemlOCk timber and two and
50Oo dollars for every thousand feet OF other TIM
Der; that May to pay RObestOw two and p LOG
dollars per cord for all hemlOck bark that he should
peel and deliver to said May; that May should
pay SAID ROb6StOW every week for three fOurths
of the work done under said contract, and the
other One-tOurth should apply toward teams that
May to sell to said RUbeistow; that said MAY
to furnish said RObeiStOw Il house and half OF
barn Tor occupancy WhlIe he was working under
said contract, and sell him teams with which
to do said work and require pay for them only so
i'9t 't9 ptfihelI COu'I DC hlt"e out OF SaIu one
fourth reserved in said contract that on the 23d
y A. ~ IL, sal
RODcIstOW one black horse, one gray horse, one
brown horse, one brown mare, four work har
nesses, one chain, two SET OF Whitllerecs and
eVenerS; that sad RobelstoW gave said May
note for 300 dollars, payable one day from date
for the same, and a Chattel mortgage of said pro
perty, conditioned for the payment of said notes
and Tor the performance OF said contract by sand
RObeistow; that on the 23d day of July, 4. d.
1881, said May sold said RObestOw one brown
horse, one black mare two work harnesses, one
pair Of whinletrees, one evener, one cable chain,
and one neCk-y yoke; and said Rebelstow gave SAID
May his note for two hundred dollars for said
property, payable on demand, and gave said Nav
Il Chattel mortgage of SAID property to secure
said note and to secure the performance of said
contract; that or about the oath day of July \.
ID. 1881, said May sold to julius NJ. Ruiter Il half
interest IN sald anu stld contract ana notes, and
that thereafter said May and Ruiter conducted the
business relating to said contract and teams, and
Il lumber business, under the firm name ofGeOrge
q. May 4 Co.; that pursuant to said contract on
the 22d day OF August, 1881, SAID May and Ruiter
sold to said RobGistOW 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 note
for l25 dollars given therefor; that at the time all
of said notes were given it agreed that said
RObeistow should not be required to pay the same
any sooner or faster than he could do out of
the 18th provided tor III said contract; that said
ROOelStOW entered upon the performance of said
contract on the 18th day of June, A. ID. 1881, and
expended about twenty dollars in clearing q mill |
yard, about twenty-five dollars in repairing said
house and barn, and 4 large sum of money i'll |
making roads and bridges, to get out said |
logs and fulfilled and performed his part of said
contract, until the l4tn UdN OF November, n. ID. |
1881, when the said MAY and Ruter, without his |
consent or knowledge. 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 !
for in said contract, and used said teams in the
performance OF said work. and prevented sand |
from further performing said contract |
that ut the time said MAY and Ruter took posses
sion Of said teams said RobeistoW had 225 logs i'll
the mill Yard and 5000 logs cut and skdded in the
woods, and that said RobctStoW had then paid |
toward saidsteams S49l.1T that said contract was
a valuable contract; that said RObeistOW had Suf-
iered great loss and damage account of the
taking of said teams aforesaid, and on account
of being prevented from completing said contract
by said May and Ruiter aforesaid; that said |
RObeistuw 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 ltuiter have refused TO f6tuIn the same to
him that said RODelstOw has requested sad MAJ
and Ruiter to account for the rents and profits Of
said teams, and that said RobeistOw has at all |
times been ready and willing to perform his part
Of said contract, and pay any balance that may
be equitably due TO said May and Ruiter with re
spect to said teams; that said RuitGr now resides
out of this State: and praying that the Defendants
may answer; That all necessary accounts may be
AIKEN that said Robestow may be allowed to re
leem said Operty upon payment of what may be
tqultaDly due therefor, If anything; that the De-
endants may be dccFeed to deliver to said Robei-
stow said properly, and in case the same or any
part thereof has been used up or disposed of to
nay be decreed to pay 10 said Robeistow any bal.
lnce that may be found due to him upon the
accounts to be taken 4 aforesaid, and for such
other and further relief in the premises as the
acts, and circumstances of the case may require
md to said Honorable Court shall seem meet
And II appearing that the said julius NJ. Ruiter
5 now residing without this State, that a sub
Dmna cannot be served upon him, it is therefore |
.crrbY ordered that said Julius NJ Ruiter make |
lis app earancc before said Court at Hyde Park,
II the County of Lamollle. on the first day of the
erm aforesaid, to wit: on the 4th Tuesday OF
pril \. ID. 1883. and make answer to said bill oi
and that he be notified thereof by the
publication OF the foregoing substance of said
Bill Of Complaint and this order in the NEWS 4
lITIZEN, weekly newspaper published at Nor
lsvIlle and Hyde Park, in said county, three
weeks successively, the last of which publications
o be at least twenty days previous to the com
of said term of Court
Given under my hand at Hyde Park, in said
'ounty, the 18th day Of March y. D. 1888.
w. IL. IL. kENFIELD, Clerk.
IT +. RI SlEitI, e,.-..
EDISON, CROSS u START, Noii'i'otS' GSw3