Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1890-03-07

NNObitb vi EOEtC1pSuEts
u Vim. =, 6. shaw Gnd Torrey E.. wsles vs.
4. Warner, Seth W. Warner Harry Warner
Bonjamln Warner Charles IL. Nichols guar
aiai' Mary e, Nichols, and Hart G. Fisher.
IN CHANCERY.
Whereas William g. Shaw and Torroy r.
Wales of burlington. Vt, have filed in said
court their petition FOR the foreclosure Of
certain mortgage executed TO William z.
Nichols, late OF Jericho, VT deceased, aud of
tho right Of redemption Of Henry +. Nichols
II his own right, and as adlninistrator Of Hat
Of sioy!x City, Iowa, Herman r. Warner, seth
" Y. W W., Harry Warner and benjamin
chic ago. Illinois, Charles IT, Nichols of Essox,
Va guardian Of seid Geth w, Harry and Ben
thmin Warner, and Mary E. Nichols OF Jcri-
6hq: w., IN certain land and promis SEES situated
in Essex. Vt, and described in said mortgage
deed substan. tally as follows: ii being my
home farm where now" thcnl live" and 4
supposed to contain two hundred forty acres
OF land. more or less; also all and the same
farm Of land conveyed TO the said James Mich
DIS by Henry k. Nichols and hig wife by deed,
bearing date April LIST, 1880, supposed to con
tain lOh acres Of land, more or les. meaning to
convey al the land own in the town OF u
sex and for more particular DESCRIPTION "
the PREMISES hereby conveyed. refer tu t,tc.a d
rccords Of sid town Of EsscN; ald land f.
more particularly described as thc farm form
erty owned by said James Nichols, containing
about 200 acres, more or less, now ucrUp 81 aad
carried on by Henry K. i,hols, and dracribed
y ~,
Henry +. Nichols, James e. Nichols, John f.
Nichols and Hattie +. Warner, dated Novcm
Der loth, lsSi; and recorded in Vol. i ul said
Essex Land Records, page ls2, which deed and
record are referred to for more particu ar do
scrintion; that said mortgage wac conditioned
for the payment by said James Nichols, his
heirs or assigns OF seven notes dated April l.
1870, signed by said James Nichols and payable
to said iiuntley or order, With interest annu-
ally. The five first of said notes are for one
hundred dollars each, and the two last OF said
notes Tor tve hundred dollars each; the first
note payable on March LIST, 1881, and opo note
payable on March LIST each year thereafter
unt1 said i've first notes are paid, and ono
hr.ndred dollars is payab on the lst day of
N:arch thereafter, until the sixth and seventh
81 said notes are fully paid that the four first
of said notes have been paid, ms well "a the in
terest on al said notes to March LIST 1854 that
( the remaining three notes are still unpaid,
except that the interest on the seventh note
I6s been Eaid to March lat, $780, and that all
! Of said unpaid notes are Justly due and owing,
| except the sum OF two hundred dollars, part
| OF said last note which has not yet maturedJ
| and have not been paid according to the effect
of tho same; that said Huntley sold, assigned
! and transferred said unpaid notes and said
| mortgage to the petitioners, who now hold and
! own them; that since the execution Of said
| notes and mortgage. said James Nichols has
! died intestate. ana that l.. f. Wilbur Of said
! Burlington has been duly appointed admins
TRAITOR of said James Nichols estate md has
! settled his account as such administrator and
! closed said estate; that said James Nichols
! after the execution Of said mortgage conveyed
said premise; to said Henry Z. Nichols James
T..
| Warner, on November 10Th, 1884; that since
! then said James Il. Nichols has died without
Widow or Issue and interstate and that his in,
! torest in said 1nortgaKed premises descended
| 10 and rested in his heirs at law, viz. his
! brothers said Henry L. Nichols and John +.
/ Nichols, and his sister, said Hattie e. Warner;
! that since then said Hattie h. Warner hos
! died intestate, leaving surviving her her hus-
band, Herman f.. Warner, and the minor
Seth W. Warner, Harry Warner and Ben ia
| min Warner. all OF said Wheatland Illinois,
| who are her only heirs or entitled to her estate
| subject TO her lust debts that said Henry +.
| Nichols aforesaid was duly appointed admin
! istratOr Of the estate Of said Hattie L. War
ner, aud accepted said appointment anl is now
| acting in that capacity; that said Chnrles II.
| Nichols was duly appointed guardian Of the
estate Of said seth ", Harry and Benjamin
| Warner minors, and accepted srd appoint
neni ana Is nov acting in that capacity; that
! said Mary T.. Nichols, widow of said James
| Nichols, was and is entitled to duwer in n
| portion OF said mortgGged premises, subject to
said mortgage on a portion thereof; thht her
! snlt dover in portion OF said premises has
| been duly set ont to her: that said Hast c.
| Fisher has recovered a Judgment in the city
| court of said darlington against said john +.
! Nichols and has levied execution issued there
| premises, and caused the same to be sold
! thereon and purchased the srlue at sue u sa TO-
hut said John + s,ill has right Of rcdempting
/ said premises from 1ad sale, and by reason Of
| the facts aforesaid said Horny f. Nichols,
John f. Nichols, Herman f. Warner Seth W
| Warner, larry Warner, BENJAMIN Warner,
| Charles Il. Nichols, guar, an, Mary T.. Mich
! OILS and Hart c. Fisher severally claim and
/ have an interest in said premises; and II APP
pearing that said John F. Nich4Is' Herman Z.
Beniamin Warner and dart G. Fisher. each
| reside and are out OF the state of Vermont so
/ that service of subpoena cannot be made uu-
" on them. it Is ordered chat ercn OF the above
| named dcienGonls lie notncd % appear before
/ the court of chauc"iy. for aid county of Chit-
! tcndeu. n The term next TO be held Burlins-
ton, in said county, On the frat Tuesday Of
! April ls7i on the iiIat day Of -nid term. TO