The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1890-08-13

West.
Where's, Frank N. CORY Of MONTPELIER in the
office of the clerk of the Court of Chancery for said
Omer Miller, j. NJ. Templeton, c. Ii. Pitkin. Albert
Iohonnott, administrator of estate of G. H. Heath,
stance that omer Miller then of Montpelier, in the
County of Washington, the 18th day Of April, A,
u. 1856 was justly indebted to Thomas Moriarty in
in nine proInissory notes described as follows Said
note Tor the sum of five hundred and twenty dollars,
payable ten dollars each week until the whole note
was paid; four of the remaining notes for the sum
of two hundred dollars each, and the last four of
said remaining notes for the sum of three hundred
order, and the last eight of said bearing in
said omer Miller and payable on or before two,
three, four five six seven, eight and nine years
said notes according to their tenor the said Omer
Miller ON the 2sth day of April, A. D. 1856 in con
deed of that date by him duly executed, acknowl-
edged and recorded, did convey to Thomas Moriarty
County of Washington and State of Vermont, viz;
building lot with the buildings thereon, ON the
pelier, bounded ON the easterly by Main street on
the southery and westerly side by land now owned
erly by land now owned and occupied by Frank NJ.
Cory upon condition that If the said notes should
he void otherwise of force AS by said deed ready in
S a3 to be shown viii at large appear that on the
Morary under his hand and seal of that date, sold,
assigned and transferred said mortgage, with the
notes secured thereby, TO your orator Frank NJ.
Cory, who is now the sole owner of said mortgage
and all the notes secured thereby remaining UNI
paid And your orator further shows that the said
Omer Miller is now residing out of this state, that
service of the bill can not be made ON him eX-
cept by publication. And your orator further
shows that subsequent to the execution and
delivery of the mortgaged deed aforesaid the said
Omer Miller by mortgage or otherwise, gave the
said j. NJ Templeton, C. II. Pitkin, and c. ii. Heath,
who was then living, an interest in said mOrtgaged
premises, and that said a. NJ. Tempeton, G. H. Pit
kin, Albert Johonnott, as administrator of the es;
tate of &, H. Heath now claim AN interest in said
mortgaged premises, and that Henry Smith and
George West now in the possession of said mort
gagged premises, or some portion thereof, claiming
interest therein, and that said notes due and
unpaid. And praying that the said defendants be
decreed to pay to the clerk of this court, for the
benefit of the orator, the sums due and to grow
due ON said notes with interest and costs by short
that the defendant and all persons claiming under
these be forever tOreclOsed of all equity of redemp
ton in the premises; that the orator have writ of
possession of the premises; that the orator be
further relieved according to equity and good CON
science. And,
Whereas, II is made to appear that the residence
of the said Omer Miller is without tins state that
the process of this Court can not be served upon
him, it is therefore ordered that the said Oiner
Miller he notified of the tendency of said bill and
summoned to appear and answer to the same before
the Court of Chancery next to he held at Mont
pelier, within and tor the County of Washington
ON the second Tuesday of September A, ID. 1880 at
nine O'Clock A. NJ, by the publication of the sub
stance of said bill together with this order, in the
Vermont WdfchmdH and state Journal, weekly
newspaper printed at Montpelier, in said County
three weeks SUCCESSFULLY the last of which publica
tons shall he at least twenty days previous to said
second Tuesday of September, A. ID $500, which
shall be deemed sufficient notice to said Miller,
Dated at Montpelier, in the toun of Washing
ton this 10th day of July, A. ID, 1850
LEiGHTONP. SLACK, Deputy clerk
5. q SHuRrLkFP, Solicitor for orator.