Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1886-12-27
To the Court of Chancery
In THE COUNTY OF ORLEANS.
B. NJ. r. NELSON and w. F. ROBINSON,

3. NJ r. NELSON and w. F. ROBINSON,
vs..
Nm. c. BROWN, JAMES W. HALL,
THOMAS BAKER, and THE ORLEANS
FAIR GROUND COMPANY.
B. NJ. r. Nelson and w. +. Robinson of Barton,
n the county of Orleans and State of Vermont
having brought their bill against VIM. C. Brown |
md James w. Hall of said Barton and Thomas /
Baker of Hore in the county of Steele and Terri
tory of Dakota, and the Orleans Fair Ground Com
pany. corporation existing by virtue of the laws
Of the State of Vermont, and located and doing |
business at Barton aforesaid, wherein they COM
plain and say that heretofore, to wit: the 18th
day of May, A. ID. 1865, at Barton, in said county
of Orleans, the said VIM C. Brown duly executed
and delivered to the said Thomas Baker. then of
Barton aforesaid, but now of said Hope, and one
Isaac K. Drew, then of said Barton but now of
in the county of Hennepin and state
Of Minnesota deed OF certain land and premises
IN Barton, in the county of Orleans, and State of
Vermont, described as follows, viz: Being por-
ton of lot No 2, in the 18th range: commencing at
the northwest corner of said lot thence southerly
36 degrees west 46 rods to a stake and stones;
thence southerly 4S degrees east So rods to stake
and stones; thence northerly degrees east "a rods
to the lot line; thence northerly A degrees west
on lot line to point began at. Also another piece of
land describedas follows, viz: Commencing at the
corner of the above described parcels of
land; thence sOutherly line at right angles
with the north line of said lot to the highway;
thence along the highway westerly to land owned
by VIM Lang; thence northerly along said Langs
line to the souhery corner of the above mentioned
parcel OF land; thence easery along said southerly
line to the point begun at that on the It'll day of
October, A. D., 1869, the said Isaac X. Drew and
Thomas Baker, conveyed to Samuel Daniels, por-
ton of said above described premises described as
follows, viz. Being about One-half acre of land off
the north side of said above described premises;
meaning all the land contained in said above de-
scribed premises lying north of the fair ground as
the same was on the said 18th day of October A ID.
1863; that upon the execution and delivery of said
deed from the said Brown to the said Baker and
Drew or soon thereafter the said Drew paid to the
said Brown, the whole of the purchase price of said
premises out OF his own funds, under agreement
Sai olra hat
should, at some future time, pay him one-half of
the sum so paid-that in about two years the ex-
act time your orators are unable to state, the said
Baker conveyed his entire interest in said premis-
es, to SAID Isaac X. Drew, by deed duly executed,
acknowledged and delivered, in payment of his in
debtedness to said Drew for the said one-half pur-
chase price OF said premises paid by the said Drew
as aforesaid, and also executed and delivered to
said Drew his promissory note for that portion of
the rent OF said premises which he the said Baker
had received to that date; that the said Isaac X.
Drew continued the absolute and sole owner of said
premises from that time until the year A. D. 1878,
receiving the rents and profits thereof from said
Orleans Fair Gound Company under lease of said
entire premises from the said Isaac X. Drew to said
Orleans Fair Ground Company, during all that
tlme that on the Goth day of October, A D. 1878,
the lnsovent Court for the District of Orleans adj
judged him the said Drew, an iusolvent and on.
to wit-the Sth day of January, a. D. 1879, F. w.
BALDWIN of said Barton, was duly appointed by
said Insolvent Court. assignee of said nsovent es.
tate; that such proceedings hereinafter
had that said lnsolvent Court on, to wit--the 10th
f. w. Baldwin, all of said insolvent estate
subject to the payment of bis, the said Drew's
debts, including said above described premises
that afterwards, to wit-on the fifteenth day OF
January, A. d. 1881, the said f. W. Baldwin, as
assignee of the said Isaac K. Drew as aforesaid
conveyed said entire premises to your orators for
full consideration; that said purchase of said prem
ises from said F. w. Baldwin, as aforesaid by your
said orators. was made by them with the full I'M
derstanding that said Baker had conveyed to said
Drew all his said interest in and to said premises
and in the belief that said deed from said Baker &c
said Drew had been duly recorded; but your ora
tors show to your Honor that said deed was never
recorded, and the same is now lost and cannot be
found, though diligent search has been made fol
the same that in consequence of the failure to re-
cord said deed it appears from the land records OF
sald town OF Barton, that the said Isaac X. Drew
never had any title to the said individual one-hal
OF said premises decided aforesaid by the said
Baker to him, the said Drew; whereas in truth and
IN fact, the same was decided to him, the said
Drew, by said Baker aforesaid, and said deed as
your orators are informed and believe, was duly
deposited in the town clerks office in said Barton
with the town clerk of said town, for record and
through some accident or mistake was mislaid and
thereby never became recorded; that the said Ba-
ker colluding with the said VIM. c. Brown and
James w. Hall to defraud your said orators. and
intending to deprive them of one-half interest in
and to said premises. which he and the said Brown
and Hall well knew in equity belonged to your said
orators, and had been conveyed to said Drew BY
said Baker as aforesaid, entered into agreement
SO your said orators are informed and believe with
the said Brown and Hall, whereby the said Baker
appearing upon the land records in the said town
of Barton, to the said Orleans Fair Ground Com
pany, and in consideration thereof the said Brown
and Hall were to protect said Baker from all suits
that might be brought to recover said premises
and if the said Orleans Fair Ground Company sue
ceeded in holding one-half of said premises from
your said orators, under said deed said Brown and
Hall were to pay the said Baker the sum of five
hundred and sixty dollars for said deed; but if said
orleans FAIR Ground Company failed to hold said
one-half OF said premises from your said Orators
and if said Brown and said Hall protected said Ba-
ker from all suits arising upon said deed from him
to said Orleans Fair Ground Company, then said
Baker was to receive nothing for said Decd that on
the 22d day of March, A d. 1884, the said Baker in
accordance with said agreement and well knowing
that he had previously, as aforesaid conveyed the
same to said Drew, executed quit-claim deed of
said premises to said Orleans Fair Ground Compa-
N.Y. and, your orators believe, delivered the same
to said Brown and Hall, or one of them, and the
same was on, to wit the 18th day of April, A, D.
1884, recorded in the land record of the town of
Barton aforesaid, where the same now remains in
full force and cloud upon your orators tite that
the said Brown, who is the owner of majority OF
| the stock of said Orleans Fair Ground COMPANY
and of enough of said stock to control the action Of
sald corporation, and the said Hall, another stock
holder In said corporation, claim that said Orleans
Fair Ground Company own undivided One-hali
of said premises and that said orators are the own
| ers of only the other undivided one-half of said
premises, andkdeclare that they shall take legal
measures to enforce said claim; that said orators
did not learn that said deed from said Baker to said
Drew was not duly recorded until after the record
| of the said deed from said Baker to said Orleans
| Fair Ground Company had been made as aforesaid
| praying that the said Orleans Fair Ground Compa-
ny be ordered and decreed, by some short time to
be fixed by this Court. to convey to said orators all
| right and title which they acquired by virtue OF
said deed from said Baker, and that they and the
said VIM. c. Brown. James W Hall and Thomas
Baker be ordered to discharge of record said deed
from said Baker to said Orleans Fair Ground Com
pany and remove the cloud from said orators IT,
tie, and that each and all of said defendants be
forever enjoined from setting up any claim or title
under said last named deed, and that said orators
may have such other and further relief as this
may require; and further praying that this Court
| might grant unto said orators a writ of subpoena
| to be directed to the said Thomas Baker, VIM c.
| Brown, James w. Hall and the Orleans Fail
| Ground Company thereby commanding them at a
certain day and under certain penalty therein to
| be limited to appear before this Court of Chan
Gerry and then and there FULL true, and direct and
perfect answer make to all and singular the prem
| Uses and further to stand to, perform, and abide
such further order, direction and decree therein as
| to said Court should seem meet.
And the said bill having been presented to me
this 22d day of December, A. D. 1886, said subpoena
was granted to the said orators according to said
prayer, directed to the said Thomas Baker of Hope
| in the county of Steele and Territory of Dakota
| and the said VIM. c. Brown, James W. Hail. and
| the said Orleans Fair Ground Company of Barton
| in the County of Orleans, and State of Vermont
commanding them by the authority of the State OF
Vermont to appear before the Court OF Chancery
| to be held at Newport. in the County of Orleans
| on the list Tuesday of February, A. D. 1887 to an
swer to said Bill of complaint and to stand to and
abide such order. direction and decree therein as to
said Court should seem meet, and requiring them
| to cause their appearance therein to be entered
| with the clerk of said Court the return day
thereof otherwise said bin would be taken as con-
fessed; and it appearing that Thomas Baker, de-
fcndent therein resides without this state so that
| service cannot be made upon him in the ordinary
method it is ordered that service of the foregoing
| bill and subpoena be made upon the said Thomas
Baker by publishing the substance of the BILL sub
pena and this order three weeks successfully in
| the Barton Monitor, the last of which shall be
| twenty days previous to the commencement of the
| term; or by the delivery of said Baker, in person
| by some Indifferent person, full copy of the bill
subpoena and this order, certified to be SUCH under
the hand of the clerk and seal of the Court at least
| twenty days before the commencement of term
| whose return of making such delivery and of hi.
| means of knowing the person on whom service i.
made to be said Baker shall be set forth i'm his
turn, and his return be verified by OATH
l han dow f ohar