The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1890-08-06
STATE OF VERMONT.
IL CnAScERY. SEPTEMBER TERM. is

Frank D. CORY VS.. Omer NHer j. w. TsmpietOn. C..
H. Ptkin, .lUsr ,iohoHnon, .idmiRistrdfor 81 the
Estate Of C. H. Hea'h, He"ry smith and George
Whereas, Frank NJ. Cory of Montpelier, in the
County of Washington, has this day filed in the
County of Washington his Bill in Chancery against
0mer Miller, j. NJ. Templeton, {. H. Pitkin, Albert
Henry Smith and George West setting forth, in sub.
stance that Omer Miller, then of Montpelier. in the
b. @ was vi sy nSebed ' tS Thomas Morry IN
the sum of twenty-five hundred dollars. specified
in nine promssory notes; described as follows; Said
notes all dated the ?Sth day of April A. ID. lSs6.
note for the sum of Ave 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 notes bearing in
terest annually, and all of said notes signed by the
three, four, five, six, seven, eight and nine years
from date. And in order to secure the payment of
Miller, the 18th day of April, A. d. lsS6 in con.
sideration OF twenty-five hundred dollars, by his
edged and recorded did convey to Thomas Moriarty
the following described land in Montpelier, in the
n ;h snS hie Of 1 v tb
westerly side of Main street in the village of Mont
pelier, bounded ON the easterly by Main street on
the southerly and westerly side by land now owned
and occupied by william Miller and on the north
erly by land now owned and occupied by Frank N;
Cory upon condition that If the said notes should
be paid according to their tenor then said deed to
be void otherwise of force by said deed ready in
h dsy Of Ss sa rRom r
Morarty 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's now the sole owner of said mortgage
and all the notes secured thereby remaining un.
paid. And your orator further shows that the said
Omer Miller now residing out OF this state so that
service of the bill can not be made ON him eN-
shows that subsequent to the execution and
delivery of the mortgaged deed aforesaid the said
who was Isl then living an interest in said mortgaged
premises and that said j. NJ. Tempeton, {. H. Pit
kin, Albert Iohonnott. as administrator of the
tate of G. IL 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
AN interest therein and that said notes due and
unpaid And praying that the said defendants be
to pay to the clerk Sa ms court 10 i"r ns
due said notes with interest and costs, by short
day to he fixed 10y the Court and in default thereof,
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 premses that the orator he
further relieved according to equity and good con-
science. And
Whereas, 1t is made to appear that the residence
of the said Omer Miller is without this state that
the process of this Court can not be served upon
him, 1t is therefore ordered that the said omer
summoned to appear and answer to the same before
the Court of Ihancery next to be held at Mont.
pelier, within and for the County of W9shlnSgton
nine o'clock A. NJ, Ivy the publication of the sub
stance of said bill, together with this order, In the
Vermont Wdtchmdn and State JOurndi weekly
newspaper printed at Montpelier, in said County,
three weeks successfully, the last of which pubica.
lions shall be at least twenty days previous to said
second Tuesday of September, A. ID ls9u which
shall be deemed sufficient notice to said Miller.
Dated at Montpelier. In the Comn OF Washing
LEiGHTOSP, SLACK, Deputy CLERK.
sc SnuRrLEff, Solicitor for orator