Essex-Windsor-Rutland County VT Archives Deed.....Powers, Jonathan - Cushman, Seth July 1822
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File contributed for use in USGenWeb Archives by:
Jan Jordan jnrose@webtv.net February 11, 2006, 5:58 pm

Guildhall, Vt. Lot #9 in the 5th Range, 3rd division of the original Right of Walter Munson
Written: July 1822

Decree
Seth Cushman          )
     Vs          )     State of Vermont
Jonathan Powers     )     Essex County Supreme Court Filing
In a court of Chancery, July Term, Anno Domini, One Thousand Eight Hundred and
twenty-two
     Whereas Seth Cushman of Guildhall in the County of Essex aforesaid, has
exhibited a Bill in Chancery against Jonathan Powers of (Senant) in the state of New
York stating that on the fifteenth day of December AD 1819 the said Jonathan was
justly indebted to your Orators by his promissory note bearing date the day and year
last aforesaid For value received promised the said Orator to pay him or his order
the sum of Fifty Dollars by the first day of December AD 1820 with interest, and
(for) the securing the payment of said sum (specific) in the said promissory note
according to the tenor and effect (thereafter) the said Jonathan on the same
fifteenth day of December AD 1819 at Guildhall aforesaid in and by his certain
(deed) of bargain and sale, signed with his hand sealed with his seal, and
acknowledge, and Recorded in due form of Law, and dated the same day and year last
aforesaid, for and in consideration of One Hundred Dollars did give, grant, bargain,
sell, assign, enfeoff, convey, and confirm unto the said Seth Cushman, his heirs and
assigns forever the following described tract or parcel of land, lying and being
situated in Guildhall aforesaid; that is to say Lot number nine in the fifth Range,
third division of the original Right of Walter Munson.  To have and to hold the said
described premises with all the privileges and appurtenances thereinto belonging to
him the said Orator, his heirs and assigns forever; subject nevertheless to a
proviso on condition of redemption in the said deed contained, that the said
Jonathan Powers among other things well and truly pay to said Orator or his order
the sum specified in the said promissory note according to the tenor of the same by
the time therein said and limited for the payment of the same.  And that the said
sum of Fifty Dollars with the interest thereon as specified in said note and
agreeable to the tenor thereof was not paid to said Orator, or to any other person
at the time in said note and proviso mentioned or at any other time â€" And praying
that the Court would among other things deem that the said Jonathan pay to the said
Orator the sum specified in said promissory note above mentioned with the interest
thereon arising and costs of said process by a short day to be appointed by this
Court and on default thereof that the said Jonathan and all persons claiming under
him might be foreclosed of all equity or Right of Redemption of, in or to said
mortgaged premises, and every part thereof as by the said Orators Bill aforesaid on
file will appear - - - -  At the term of this Court holden at said Guildhall in and
for the said County of Essex on the term 23rd day of January 1821 the said Orator in
said Court, the Court then seting, having filed his petition for an order of notice
to said Powers and the said Court in pursuance of said petition, then and there
ordered that the said Orator give notice to the said Powers of the finding of the
said Orators bill as aforesaid, by publishing the substance of his said Bill
together with this order of Court, three weeks successively in the North Star
printed at Danville the last of which publications to be at least six weeks before
the next term of this Court.  And at the term of said Court holden at Danville with
and for the County of Caledonia and for the said County of Essex on the Monday next
following the 8th day of September A.D. 1821 being the term last (????tioned) the
said Jonathan Powers appeared by John Mattocks (????) his Solicitor and at the same
term of said Court in said Court, the Court then siting , the said Cushman by
petition prayed of the said Court, and the said Court in (pursuance) of said
petition then and there ordered that the said Jonathan Powers plead and answer, or
demur the said Bill and not demur alone by the second day of the January term (then)
next of said Court and in default thereof that the said Bill should be taken as
confessed by the aid Jonathan Powers.
     And whereas at the present term of the said Court of Chancery the said Seth
Cushman, by his petition in Court exhibited, both states and shows to said Court
that the said Jonathan Powers, hath neglected and refused to plead, answer or demur
to said bill agreed to the tenor and effect of the order so made in this behalf as
aforesaid, as by the petition and order on file appears.  Wherefore it is considered
and ordered by the Court of Chancery that the said orators Bill be taken as
confessed by the said Jonathan and neither the said Jonathan nor his said Solicitor,
showing any just cause to the contrary, the said Court of Chancery do order and
decree, that the said Jonathan his heirs, executors, administrators or assigns pay
or cause to be paid to the said Seth Cushman, his Executors, administrators or
assigns the sum of Fifty Seven Dollars and seventy five cents, being the sum
specified in said promissory note together with the interest on the same and the
costs of this (proc???tused) at twenty seven dollars and seventy nine cents
amounting in the whole to the sum of Eighty five dollars and fifty four centers with
interest arising on the same hereafter and that the same be paid within sixty days
from and after the thirteenth day of July in the year of our Lord 1822 and in case
the said Jonathan Powers his heirs, Executors, administrators or assigns shall
refuse or neglect to pay the said Seth Cushman his Executors, Administrators or
assigns the aforesaid sum of Eight five dollars and fifty four cents with interest
hereafter to be computed and become due on the same within the term of Sixty days
from and after the said thirteenth day of July in the year of our Lord 1822
aforesaid that the said Jonathan Powers, his heirs, Executors, administrators and
assigns and all persons claiming under him shall be forever foreclosed of and from
all right title and interest, property and demands of, and  unto the said mortgaged
premises, and every part and parcel thereof.  And the said Seth Cushman shall hold
the same to himself, his heirs and assigns forever, free and clear of the conditions
and provisions provisos annexed to the said mortgage deed, in the Bill of said Seth
Cushman mentioned as aforesaid - - Dated at Guildhall in the said County of Essex
the thirteenth day of July Anno Dominio 1822 in Court
                         Joel Doolittle          ) Chancellors
                         Cha(????) Williams     )
Thereby certify that the foregoing decree is drawn agreeable to the several Orators
in the same and and according to the computation of the sum due and in
                         (form) S. Cushman Solicitor
Received for Record Nov 5th 1821, duly Recorded and Received
                         Attest " Erastus Cutler (Taner) Clerk
NOTE:
Transcript of copy of record contained in the Guildhall, Vermont Town Records, Deeds
Vol E, pages 217-220,  1821-1832

Transcribed January 31, 2006 by S A Grant for Jan Jordan

Notes:  Any words in parenthesis are subject to change as unable to clearly define. 
Words with a line through them are how they appeared in the document.



Additional Comments:

My note: Jonathan POWERS, son of William and Anna BURCH, was born ca 1795 in
possibly Hartford, Windsor Co., VT, married 10 Feb. 1820 in Pittsfield, Rutland, VT,
Elizabeth DALY.  Jonathan was my maternal 3 great grandfather.
Jan Jordan
      


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