Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1889-11-18

J.
VS..
PETER TURNBULL, JANET TURNBULL, JAMES G.
TURNBULL, AND RANDOLPH BARNES.
WHEREAS, NJ. j. Smith and Ann Eliza Smith o
Barton in the County of Orleans and State of Yer
mont have filed in the Clerks Office of said Court
of Chaneery for the County of Orleans, their peti
of Peter Turnbull, Janet Turnbull, James q. Turn
bull, and Randolph Barnes, the said Janet Turnbul
and James q. Turnbull being of Greensboro in the
County of Orleans and State of Vermont, the said
Randolph Barnes being of New Haven in the Coun
ty of New Haven and State of Connecticut, and the
said Peter Tumbull being of parts unknown 10 the
petitioners outside of this State in certain premises
in Greensboro in the County of Orleans and State
of Vermont, described as follows. viz:
Being all and the same land and premises convey.
ed by H. ID. Flanders to Peter Turnbull, by deed
bearing date May l1th, 1872, and recorded in Book
g., Page 272, of Land Records in the town Of
Greensboro in said County of Orleans, 70 which
deed and the record thereof reference is hereby
made for "A more complete description of said mortg
aged premises, setting forth in substance that SAID
mortgage conditioned tor the payment of eleven
promissory notes, Tearing date May 1lth, 1872, pay
able 10 said II D. Flanders or bearer, with interest
annually, each for the of fifty dollars the hTst
payable Jan. lst 1S,3 and the others IN y ., 4, o.
g. T. s. and 10 years from said Jan. LIST, 1873, re.
spectivey according to the tenor thereof then said
deed to be void otherwise of full force and effect
that eight of said notes, viz The notes falling due
JAM LIST, 1876, 1877 1873 1872 1850, 1851 1882 and
1883 and large amount of interest on the same are
wholly due and owing, and which have not
been paid according to the tenor and effect of the
same that on the 29th day of Jan. 1888 the
said H. ID. Flanders died, owning said mortgage
and the notes secured thereby, and leaving "A Wild
ow, Samantha III. Flanders, who upon the decease
of the said IA. d. Flanders, became the lawful own
er and bearer of said notes and so continued 20 be
the owner and bearer thereof until 10 wit: On the
10th day of May, A. ID. 1854, when she deceased
and said notes and mortgage passed into the hands
and possession of one L. f. Dutton, who had then
been duly appointed administrator of the estate o
the said Samantha ii. Flanders aud who had duly
qualified and accepted said trust, that afterwards
wit On the 9th day of Fcb A. ID 1888, the said
T.. f. Dutton, as administrator aforesaid and IN
hp iGrh n Ia.
mortgage and notes To the petitioner Ann Elhh
Smith, who ever siuce has been, and now -, the
lawful owner and bearer of said mortgage and notes
that the 10th day of September, 1856, the said
Peter Turnbull and his wife Janet Turnbuli, con
veyed said premises described ~ SAID MORTGAGE
with other premises, TO the defendant, James -
Turnbul, by deed of that date, conditioned for tue
support and maintenance Of said Peter and janet
Turnbul during the term of their natural lives, ha
afterwards, 10 wiz On the 10th day Of September
1856, the said James G.. JurnbuN mortgaged the
said premises, so conveyed 10 him by the SAID fSte
and Janet, aforesaid To the said defendant, Kan
dolph Barnes of New Haven aforesaid, Tor con
sideration therein mentioned, that the petitioner
are informed and believe that the said James G.
Turnbull is about TO remove from said mortgaged
premises a barn, and fear he, or some Of said de
PENDANTS, intend TO do other injuries 70 said premis
es, and will unless restrained by the Honorable
Court of Chancery, that said premises with said
barn upon them are inadequate security for the
payment of the sum due on said mortgage lndebt
edness, that they are informed aud believe that the
said Pc .er Janet and James q. Tumbull are wholly
irresponsible financially, and that large part o.
praying that the equity of redemption of the said
Peter Turnbull, Janet Turnbull, James G.. Turnbul
and Randolph Barnes in said premises may be fore
closed agreeably to the provisions of law, and that
they the said defendants their servants, agents oi
attorneys may be restrained by the order and In
junction of the Honorable Court of Chancery from
in any way committing any waste, damage or injury
to upon said premises and from iniuring, disturb
ing or removing any fences or said barn upon said
premises until the further order of said Court, and
further praying that said Court will grant unto said
petitioners such other and further relief the nature
of the shall require and the rules Of equity
permit.
And il being made to appear that the said
Peter Turnbull and Randolph Barnes reside with
out this State so that subpoena cannot be served
upon them therefore il is ordered that the substance
of said petition and tins order be published Ia the
Orleans County Monitor, three weeks successfully
the last of which publications shall be at least twen
ty days previous TO the first Tuesday of Feb, a. ID
1890, the commencement of the term TO which said
petition is made returnabe, and you the said Peter
Turubul and Randolph Barnes, are hereby requlr
ed to appear before the Court of Chancery 10 bt
held at Newport in the County Of Orleans on the
first day of Feb. $780, TO answer TO said petition OF
said NJ. j. Smith and Ann Eliza Smith and to stand
to and abide such order direction and decree there
in as to the Court shall seem meet. And YOU are
required to your appearance therein 20 be
entered with the Clerk of this Court the return
day of said petition, otherwise said bill will be TAX
en- confessed.
Given under my hand at Newport, VT, this %
day of November, A. ID. 1889.
III. b. CUSHMAN, Clerk.
WV. MILES, Solicitor. Asa