The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1892-04-29
William H. Atkinson
In Chancery,
Jt
Orange County,
June Term,
o.

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James W. Atkinson & others Exrs
and J. r. Wesener, with W. L. Mar. Tune Term
vim and F. NJ. Aiterholt 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 Atkin-
son with James W. Atkinson, John NJ.
Gould and Walter j. Entriken, Executors
of the last will and testament of said
Charles, OF M0lin) in the County of Rock
Island and State of illinois, and Joseph r..
WeSener with w. l.. Marvin and f. Nj. At
terholt, OF Akron in the County of Summit
and State OF Ohio, assignees of the estate of
the said WeSener in insolvency. and shows
IN substance; that William Clark, then of
SAID NeWbury, on the 9th day of September
1873, was justly indebted to Joseph Atkin-
son IN the sum of two thousand dollars,
Speclfed In a pr0nisS0ry note in writing
dated Sept 8, 1873, executed by WiIliana
Clark and payable to William Atkinson
or order, on or before October LIST. 1875
with interest annually from said Sept s.
1873; mat 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 fOll0Wlng described land in said New
bury, VIZ: being the same premises CON
"veyed to me by deed from Joseph Atkin-
''Son and his wife Frances Atkinson exc
''cuted the 9th day OF October A. ID. 1872
land for more particular description. refer
"ence being hadSto said deed" Condition
ed that If said note should be paid accord
ing to It's tenor, flen said deed to be void,
otherwise of iOTce; that said note is now
due and owin& 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
lnc of Of oh,
was ON the 18th day of September 1877, duly
endorsed thereon; that said Clark apd 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 a
promiSsory note therein described, and
upon which mortgage 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. d. 1882, and
said decree became absolute, &C. that sub
Sequent to said decree becoming absolute
said Charles Atkinson conveyed said prem
ises to one Joseph E. WeSener of said
Akron, on the Goth day of April 1886, said
Wesener and his wife executed and deliver
ed to said Charles Atkinson, mortgage
deed of said premises, and the same stands
on the land records of said Newbury undis-
charged ana III IOrce; tllat SAID Charles At
knSon is deceased, and said James w. At
kinson, John NJ. Gould and Walter J. En-
triken are the executors of his last will and
testament, and are thus acting: that said
Wesener is lnSOlvent, 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 in said premises, as the law di-
reefs. And it appearing that said James
w. Atkinson, John NJ. Could Walter j.
Entriken, Joseph E. Wesener. w. l.. Mar
vim and f. NJ. AtterhOlt reside without tt is
State, so that legal service of said bill can
not be made upon them, it is therefore or
dercd that the orator give notice to them of
the pendency of said bill, by publishing the
substantial parts of the same, together
with this order, three weeks successfully In
the Unit d Opinion, a newspaper published
at Bradford in said Orange County, the
last of which publications to be at least
twenty days before the next stated term of
the Court of Chancery, to be held at Chtl-
sea within and'for said Orange County, on
the first Tuesday Of June, A. d., 1892
Given under my hand at said Chelsea,
this 18th day os April, 1892.
So L.sIQN b. HEBARD, Clerk.
JOHN II. WA1GoN, Solicitor. 81