St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1916-10-18

Ellen w. Lang v. Frank ID. Lang, Law
renee Leach, W.. L.. Nolan & Pas
sumpsic Savings Bank.
IN Cha ncarv Caladnnia County.

state OF Vermont, has entered in the
Caledonia cIri h her Bill OF e Complaint
against Fred b. Lang formerly of
" oodsvilIe, in the county OF Grafton,
and state Of New Hampshire, now or
Cosmo. Alberta. Dominion of Canada
Lawrence Il. Leach Of St JohnSbury,
in the county OF Caledonia w l. Mc.
Canada, and the Passumpsic Savings
Bank, a corporation with principal
the County of Caledonia setting forth,
in substance that on May 8. 1912, de-
PENDANT Fred b. Lang. entered into a
tainly known to oratrfx, but whom she
believes to be Alfred Thompson of
Calgary in the province of Alberta,
of one undivided half interest in To-.
twenty-seven in Block forty-one ac-
20 OF peS n the tne city
Office for Southern Alberta Registra-
ton District plan "a" Calgary, said
Calgary in the Province of Alberta.
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,
Of of1 the a9 purehase price of said land ana
that. later the legal title to undivided
half of said land was taken to
lieves that she is registered in the
Land Titles once for the South AL
REGISTRATION
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 the
one-fourth interest therein.
Oratrix is informed and believes
that said Nolan. Leach and Lang, In
the first place took an option upon
ID land and paid certain sum @
money therefor, that when said OPP
for the balance of the purchase price,
said Leach. Nolan and defendant,
savings Bank of St. Johnsbury. for a
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 a mortgage upon said s LAND LAND
$4,000 payable to said Bank; oratrix;
at the time Of the execution of said
papers. had no knowledge of the trans
she did execute, upon the assurance of
said Fred B. that said papers were
they were executed to protect his in
terest; that at the time OF the eX-
ecution of these papers said Fred d;
was the owner, as oratrix understood
and believed of many thousand dollars,
and oratrix understood and believed he
was abundantly able to and would
out of any undertaking made by her
at his request.
personal interest in said property, bu
that the transaction was solely in the
interest of and for the benefit of de-
That said Leach and Nolan each
own one undivided fourth in said
land and each are interested to that
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.
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 Savings Bank held note for
the sum of $14 10000 with what APP
oratrix and that said note. was .signe :
by said Nolan and oratrix only and
did not bear =, the ~ signature ty6enS Of
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
half which belonged to the oratrix, to
representative inquired what writing
was held by said bank or what evil
dence had that said Leach was bound
professed to have a telephone com.
munication with said Leach. and
tS w9Dld aSt SYS aaS If 5a
Leach. but assured the oratrix or her
representative that If her rtNof the
that Nolan and Leach would take
care of the other one-half
Upon the same occasion said bank,
through its treasurer. informed ora:
trix or her representative that said
Leach was one of the trustees of said
a maker Of said note. and that BY
reason thereof some other arrange
ment was made respecting the la
bility of said Leach thereon.
That oratrix is advised that the
t Rer pay Ss said i1 note that oratris has.
through her attorney, called upon said
Leach and he has always stated and
pay one-fourth OF said note, but has
declined to produce e.. any any evidenhGi ne
as trustee for her brother. Fred b., and
is accountable to him as such trustee
said. and has managed or rented said
property for some years and has made
or claims to have made. large ex-
large account for personal services.
that the arrangements that have been
made with. said Nolan have been
she has received statements from the
said Nolan calling for payments fol-
expenditures claimed to have been
made by him over and above rents
which he claims to have received. and
oratrix has shown such statements &c
said Fred B. and he does not admit
the correctness thereof and does MOI
authorize payment of same by the
| oratrix. and oratrix shows that said
Fred B. either is or processes to be
unable to meet the payments upoI
said note or the interest thereon and
that oratrix has made considerah'
payments of interest. that there are
one or more $4,000 installments due
and unpaid. that said Nolan has 8
large account which he is presenting
for adjustment and that oratrix is MOI
| in a safe position to adjust the same
without the consent of the said Fred
B.; that oratriX is dependent upon hel
legal title to one-half of said lot IL
Calgary for any sum she may be
| compelled to pay upon said note. anC
| that said trust Is a great embarrasS-
ment. and that she desires to be re-
| lieved from her liability upon saiC
note and from her connection will
said trust estate.
That said property consists of a 10
/ and buildings thereon, and cannot b.
divided without great detriment. anC
| she prays that accounts between he
and the said Fred B. may be ascer
tanned and stated and that said Leacl
| be adjudged liable as joint make
| upon said note. and that oratrix ma!
1 be granted leave to sell said PROPERTY