Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1890-10-30

STATE Or VERMONT, Orange co.
James b. Kenworthy
VS.. In Chancery,
Albion a. Smith
Mary A. Merrill and Dee. Term, 1880.
Charles White.
The petitioner has filed in the clerk s.
office in sard county his petition setting forth
in substance that Adams Rowell then of Tm-
bridge ia the county of Orange on thesGth day
Of May. A, d. 1880, duly executed 10 Jacob
Davis. then of said Tunbridge. but now de-
ceased "a mortgage deed Of certain land situ-
ate in Tunbridge in said county Of Orange, de-
scribed as follows: About one hundred and
fifty acres, and is the same land decided by
John Adams to Billy Emerson, June 18th.
1914, recorded in Book, Page 100.
Also another piece of land decided Adams
Rowell by Nathaniel kingsbury. June II, 1871,
recorded in Book 10, page II, containing forty
two acres, making one hundred and ninety
two acres. being my that is. said Adams Row
ELL. home farm" Said farm is now occupied
by Charles White and bounded northerly by
the Jude Moulton farm now owned by Aaron
n. King. easterly by the Northrop farm, south
erly by Royalton town line and westerly by the
John Monkey farm. And further showing that
Albion c. Smith of Kent in the county Of Poi-
tage and state Of Ohio. and Mary NJ. Merrill
of Newask in the county OF Licking and state
of Ohio have now the record title to said land.
subject to the two mortgages named in this pc
tiiion.
Conditioned for the payment Of nine hund
red dollars specified in promissory note, bear
ing even date with said mortgage payable 70
said Jacob Davis or bearer in three years from
date with interest yearly, large balance of
which is now justly due and owing. and has
not been paid according TO the effect Of the
same. And further showing that said Jacob
Davis is deceased. and Hannah Smith rs the
heir of said Davis. became the owner and bear
q of said noe and mortgage. and on the 9Th
day Of May 1884. for good consideration assign
ed said note aud mortgage 10 the petitioner
And further showing that said Adams Rowell
and his wife, Mary NJ. Rowell on the 11th day
of November. 1857. duly executed To Hannah
smith OF Lexington, IN the county Of Middle
sex and state of Massachusetts q mortgage
deed of certain land. situate ia said Tunhridge,
described as follows. viz:
Being the home farm on which we. mean
ing the said Adams and Mary. now live aud
bounded northerly by Jude Moulton. eastorly
by Northrop. south by Tunbridge south erly
line and westerly BY John Moxleys contain
ing 2lO acres, being the farm ne meaning the
said Adams and Mary had Of our father III
d. Rowell and known as the Billy Emerson
farm. conditioned for the payment Of one
thousand dollars. specified in q note bearing en-
en- date with said last named mortgage. pavi-
bic with interest annually ON demand, which
note is payable 70 Hannah Smith on bearer.
large balance Of which last-named note Is now
due aud owing And your petitioner further
showeth that on the 9TH day Of May 1854. said
Hannah Smith for good consideration duly as
signed said last named mortgage and note ia
your petitioner and he IS now the lawful bear
er OF the anne, and that the land described in
the last above named mortgage is the same
land described in the first above named mort
gage.
The prayerof said petition is that the equity
Of redemption of the said Albion e. smith and
Mary VI. Merrill and Charles White IN the
premises may be foreclosed according to law.
And II being made to appear that the said
Albion c. Smith and Mary NJ. Merrill reside
without the State that a subpoena cannot be
served ON them. II Is therefore ordered that
a notice be given TO said defendants recurring
them to appear IN the court of chaneerv next
to be held al Chelsea in said Orange county. on
the 'ird Tuesday in December lssn and make
answer 10 said petition; by publishing the sub
stance thereof together with this order. three
weeks successfully IN the Herald and News.
a newspaper printed and published ar ". Ram
dolph il said county. the last Of which publiea-
tons shall be net less than - DAYS before the
commencement Of said term Of said court.
Dated az Chelsea this 18th day II October.
\. D.. ls.n. J. X. DARLING. nepy Clerk.
j. 6. Denison, Solicitor 81