Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1908-09-24
ASKED FOR DECREE.


hearing was had Monday evening
before Judge Waterman, as chancel-
lor, In the foreclosure suit of Harvey
II. Talcott Of Chicago, against w.
Clark Bishop, ct ais, on motion OF the
! orators solicitor, H. :. PGk for a
decree. i. II. TAFT and ]. II. Cushman
appeared for certain defendants.
IT appeared that ten years ago, w
Clark bishop mortgagcd the farm in
Williston to Daniel 3. Bishop for &c.,
900 nnd $500 OF this remains unpaid,
with two yoars' interest. At that time
his sister. Mrs. Priscilla Ferguson, and
her husband were living on the farm.
and have ever since lived there The
orator at the request OF some of the
Interested partics.--nll the parties be
ing related, Advanced money and took
up the unpaid notes nd brought fore
closure to fix the title to the prop
| crty, and secure the payment OF the
unpaid notes 1t also appeared that
w. Clark Bishop on the same day he
mortgaged the premises. but later In
| point of time, himself signed n writ
| ten agreement to the Fcrgusons, which
1t is claimed by them gave them life
| interest in the premises. subject to
| said mortgage. however. In 1906 said
w. Clark Bishop also signed another
written instrument purporting to give
| his sister. Mrs. Ferguson, and his
brother Dr. Rufus w. Bishop of Chi
cago. lease OF said premises 70 Sc
cure to them both a home subject to
tho other so-callcd lease. 1t also APP
pcared that in January, 1907. said w.
| Clark Bishop executed warranty
deed of the same premises to DR.. A. /"
| Bingham, Charles y. Warren Of Will
| liston, George l.. Peasc OF Burlington,
and others. trustee. for the purpose
OF establishing homo FOR tho charit-
able poor I'm Willston. These trus-
tees never organized.
Motion was for n decree against all
defendants with one years equity OF
redemption.
Mr. Cushinan, for the Fergusons
| claimed that they snculd have longer
time FOR tho redemption Of the prem
ises, than any of the other defendants,
on the ground that they had an Inter
est under tho so-callc leases.
Mr.. TAFT. representing Or. Bishop
claimed that his client should have
mn equal opportunity to redeem with
tho ITergusons because In III" second
so-callod lease. Mrs. Ferguson ana
| Or. Bishop were given equal rights
| The solicitor for the orator aSAed
| that all of the defendants be put upon
| the same level with one years equity
| Of redemption. but II any extension OF
| time be given to any of the DEFENDANTS,
! II should be given to r.. Bishop, rath-
| or than to Mrs Ferguson, who with
her husband, has had the use OF the
premises for ten years. and had paid
nothing on said notes. The orator $
solicitor claimed that as between the
FerRusons and the orator. those so
called leases which were not executed
by ANYBODY but w. Clark Bishop gave
the Fergusons no superior Eight or
privilege over the other defendants
nor any priority in the equity or re-
demption Of said premises
The chancellor took the papers un-
der sdvisement
one purpose OF tho bill was TO clear
! the title and fix II in some one person
and. secondly, to secure the paymcn
OF the mortgage notes. and to do TINS
before any more OF the parties 10 the
original transaction had died.