Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1889-11-21
IN CHANCFRY.

ALoNZoSIMPs0Nl To the Court of Chan,
JAMES c. BURNS Orange e - '' =
Alonzo Simpson of Bradford in the county Of
Orange brings this his bill of complaint against
James G. Burns of Topsham ia the County Of
Orange and thereupon complains and says:
That james G. Burns of Topsham in the
County OF Orange ON the 9th day Of October
A. u. 1888 was Justly indebted TO AlOn1O Simp
son in the sum Of one Thousand dollars, spee-
ned in a promissory note described as follows
said note dated Oct. p, 1883. executed by said
James {. Burns, by the name of J. c. Burns
and also signed by H. c. MeDuiiie and H. G.
MeDufiie for one thousand dollars and made
PAYABLE to said Simpson or bearer ON demand
with interest annually.
And in order to secure the payment Of said
note according TO its tenor the said J. G. Burns
and said McDutfes on the 18th day Of 0cto-
Der, A. d. 1855, in consideration of one thou
sand dollars by their deed Of that date by them
duly executed, acknowledged and recorded.
did convey to Alonzo Simpson the following de-
scribed land in Corinth, in the County Of Or
ange aud State OF Vermont. viz. 1T being
the saw mill and privilege at East COrinth VII
lage, together with the saw mill yard and lands
connected with the same, being the same saw
mill premises now, at last said date, occupied
by the said James c. Burns upon condition
that II the said note should be paid according
to its tenor, then said deed to be void; other
wise 4 TO. =; as by said deed ready in court
to be shown viii at large appear; and further
showing that the said James {. Burns has
abandoned or left said mill property aud has
lett the State and is now without the State Of
Vermont so that no service can be made upon
INN OF this petition and that said notes are due
and unpaid, except the interest or part OF il.
Therefore your orator prays that the said
defendant be decreed TO pay to the clerk Of
this Court, for the benefit Of the orator the
sum due and to grow due ON said notes, with
interest and costs, by a short day to be fixed
by the courts; and your orator prays that SAID
time may be shortened from the usual time.
and that in default thereof, that the defendant
and all persons claiming under him be forever
foreelosed of all equity Of redemption in the
premises; that the orator have a writ of pos
session OF the premises; that the orator be fur
Their relieved according to equity and good con
science, and that a writ Of subpoena be grant
ed TO your orator directed TO James c. Burns
commanding him to appear before the Court Of
Chaneery. to be held at Chelsea in the County
OF Orange, ON the third Tuesday of December,
A. ID. 1889 then and there to make answer to
the foregoing bill of complaint
ALONZO SIMPSON, by r. NJ Harvey.
X. NJ. HARVEY, Solicitor for Orator.
The foregoing petition or bill of complaint
has been duly filed in the Office OF the clerk in
T-asa'tetAf y Nlltuu anu Tor orange county ana
because It Is made TO appear that the said
James Z. Burns resides without this State 50
that a subpoena cannot be served upon him
therefore, il is hereby ordered that the said
James Z. Burns do appear before the Court Of
Chancery of the State of Vermont to be held
at chelsea. within and for the said county Of
Orange at the court house on the third Tues
day OF December, A. ID. 1889. and make an
swer to the petition aforesaid and abide such
order, direction and decree therein as to said
Court shall seem meet. And the Petitioner
IN SAID petition Is directed to cause said peti-
tioa and this order TO be published three weeks
successfully in the Herald and News, a news
paper published at Randolph in said county,
the last publication TO be at least 20 davs be-
lore the said third Tuesday Of December. A.
d.. 1889.
Dated at Chelsea, in said Orange County,
tins 18th day Of October A. d., 1850.
). b. HEBARD, Clerk.
Nm Harvey. recognized to the defendant in
he sum OF fifty dollars. as surety for costs IL
as the Law directs. Before me.
). Il. HEBARD Clerk.
The partnership OF Morton and Fair
banks is dissolved.
w. W. MORTON.
WILL FArRBANKs
shall continue the business on NIer-
mani : now. WILL FAIRBANKS