The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1892-05-13
In Chancery,
Orange County,
June Term,
1902.

Estate OF CharleS Atkinson, with Orange COUNTY,
James w. Atkinson & others Ex'rs
and j. E. Wesener, with w. L. Mar June Term,
| vim and F. NJ. Atterholt assignees. 1899.
William II. Atkinson, of Newbury in the
County of Orange has filed in the Office of
the Clerk of said County, his bill of COM
plant against the estate of Charles Akin
son with James w. Atkinson, John NJ.
of the last will and testament of said
Charles, of MOlinJ in the County of Rock
Island and State of Illinois, and Joseph f.
Wesener with w. l.. Marvin and F. M. At
terhOlt, of Akron in the County of Summit
and State of Ohio asSignees of the estate of
in substance; that William Clark, then of
said Newbury, on the 9th day of September
1873 was justly indebted to Joseph Akin
son in the sum of two thousand dollars,
specified in promisSOry note in writing,
dated Sept. 6, 1873, executed by William
Clark and payable to William Atkinson,
or order, on or before October 1St 1875,
with interest annually from said Sept. 8,
1873: that to secure said note said Clark on
said 9th day of September 1873 in consider
alton of two thousand dollars, by his deed
of that date conveyed to Joseph Atkinson
the following described land in said New
bury, viz: "being the same premises con-
'veyed to me by deed from Joseph Akin
''sOn and his wife Frances Atkinson exc
''cuted the Sth day of October A. ID. 1872
"and for more particular description, refer
fence being had to said deed" Condition
ed that if said note should be paid accord
ing to its tenor, then said deed to be void,
otherwise of force; that said note is now
due and owing, and with said mortgage
deed has been duly assigned to the orator,
and he is the holder and owner thereof;
that part payments have been made on said
note from time to time, the last of which
was on the 18th day of September 1877, duly
endorsed thereon; that said Clark and his
wife, Elizabeth A. Clark subsequent TO
said mortgage, to wit: on the 21st day of
September 1875, executed and delivered to
one Charles Atkinson then of Moline in the
State of Illinois, mortgage deed of said
premises, conditioned for the payment of
prOmiSsOry note therein described, and
upon which mortgage a decree of fOreclOS-
ure was entered against said Clark in favor
of said Charles Atkinson at the June term
of said Court of Chancery A. ID. 1882, and
said decree became absolute, &c. that sub
sequent to said decree becoming absolute,
said Charles Atkinson conveyed said prem
Uses to one Joseph E. Wesener of said
Akron, on the 26th day of April 1885, said
Wesener and his wife executed and deliver
ed to said Charles Atkinson, a mortgage
deed of said premises, and the same stands
on the land records of said Newbury undiS-
charged and in force; that said Charles At
kinsOn is deceased and said James w. At
triken are the executors of his last will and
testament. and are thus acting; that said
Wesener is msolvent, and under the laws
of the State OF Ohio his estate has gone
into he hands of said Marvin and Atterholt
in some manner, as the orator is informed
and believes; and praying that the said de-
PENDANTS be fOreclOsed of all equity of re-
demption i'm said premises, as the law di-
reefs. And it appearing that said James
w. Atkinson. John NJ Gould, Walter j.
Entriken, Joseph E. Wesener. w. l.. Mar
vim and f. NJ. Atterholt reside without Il is
State. so that legal service of said bill can
not be made upon them, il is therefore or
dered that the orator give notice To- them of
the pendpncy Of said bill, by publishing the
substantial parts of the same, together
with this order, three weeks successfully IN
the United Opinion. a newspaper published
at Bradford in said Orange County, the
last of which publications to be at least
twenty days before The mex stated term of
the Court of Chancery. Ia be- held at Oh l.
sea within and for said Orange County. on
the first Tuesday of June, A. D.. 1872.
Given under my hand at said Chelsea,
this 25th day of April. 1872.
SALMON b. llEBARD, Clerk.
JOHN "A. WATSON, solicitor q