St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1916-11-01

sumpsic Savings Bank.
In Chancery, Caledonia County.
Whereas, Ellen w. Lang of New
bury. in the county of Orange and
state of Vermont, has entered in the
against Fred B; Lang formerly of
and state of New Hampshire, now OF
CosmO, Alberta. Dominion of Canada,
Lawrence P. Leach of ST. Johnsbury,
Lam of Calgary, Alberta Dominion Of
Canada, and the Passumpsic Savings
B 6iaee Of 61gR&ess % ST. wf6 RbrSph n
the County of Caledonia. setting forth,
in substance, that on May s. 1912. de-
contract with some person not GER
tainly known to oratrix, but whom she
believes to be Alfred Thompson of
Calgary in the province of Alberta,
of one undivided half interest in iol
eagaFgy p reeofd fn the e Laa s ely OF
ton District plan IA Calgary, said
lot of land and premises situated in
Dominion of Canada. and said defend
ant, Lang, made the agreement for the
purchase of said tract of land and
premises aforesaid unknown to ora
trix, and she is advised and believes,
that defendant, Lang, paid portion
of the purchase price of said land. and
that, later the legal title to undivided
half of said land was taken to
oratrix.. and she is informed and be
Land Titles Office for the South AL
berta Registration District as owner
of one undivided half of said lot
That said land was purchased by
Fred B. Lang. Lawrence p. Leach and
w. l.. Nolan. the said Leach and IT,
said Nolan each having purchased
one fourth interest therein.
Oratri1 is informed and believes
that said Nolan, Leach and Lang, in
said land and paid a certain sum {
money therefor. that when. said op-
for the balance of the purchase price,
said Leach, Nolan and defendant,
Savings Bank of st. Johnsbury, for
loan, and said Lang having, without
the knowledge of the oratrix, used
divided half interest in said land, she
by procurement of said Fred B. Lang,
executed mortgage upon said land
and signed a mortgage note for about
$4,000 payable to said Bank; oratrix,
papers. had no knowledge of the trans
action, but executed whatever papers
she did execute, upon the assurance OF
nothing that could harP her and that
they were executed to protect his in
terest; that at the time Of, the ex-
ecution of these papers said Fred e;
was the owner, as oratrix understood
and believed of many thousand dollars,
and oratrix understood and believed he
was abundantly able to and would
protect oratrix from all loss growing
out of any undertaking made by her
That oratrix never had the slightest
personal interest in said property, bu
interest of and for the benefit of de-
PENDANT, Fred B.
That said Leach and Nolan each
own one undivided fourth in said
land and each are interested to that
extent in providing payment for the
purchase price of the same. which was
done by said mortgage to said bank, !
and that said Leach had the benefit
of one-fourth of said loan and the
same was used in payment Of said
Leach's one-fourth interest, that a
year or two after said loan was made, |
Oratrix was advised that said Fred B.
was unable to meet the payments of
interest and payments upon said note
and that some provision must be made
to meet the same or said mortgage
would be foreclosed and a great loss
fall upon all parties interested in the
transaction whereupon, after investi- |
cation, oratrix found that said Pas
sumpsic Sayings Bank held a note for
peared to be the genuine signature Of !
oratrix and that said note was sigre
by said Nolan and oratrix only and
Leach; that said Bank Informed ora
trix or her representatives, by its !
Treasurer. that said Leach was ready /
interest and that said Nolan was |
ready to provide for his If the one |
provide was paid: and oratrix or her
representative Inquired what writing /
was held by said bank or what evil
dence had that said Leach was bound
to pay one-fourth. and said Treasurer /
professed to have a telephone COM |
with said Leach, and /
ton respecting the Obligation Of said |
Leach, but assured the oratrix or her /
that IL her part of the i
overdue interest were taken care OF |
that Nolan and Leach would take I
care of the other one-halR
sim mafH hanL
through its treasurer. informed ora /
trfx or her representative that said I
Leach was one Of the trustees Of said /
bank and could not lawfully become /
a maker of said note, and that by
reason thereof some other arrange
ment was made respecting the ia /
bilfty of said Leach thereon
That oratrix is advised that the