Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1872-02-08
~ RUTLAND. 5. :.
John PrOut, Adms.
vs..
The Eureka Marble Co. :
Samuel o. Dearborn, IN Chance1y.
stephen c. johnson.
John G.. Flint,
George Hart.

stephen c. Johnson,
John G. Flint,
George Hart.
Nhereas, Warren II. Smith and John
Prout of Rutland,in the county of Rutland
Administrators with the will annexed Of
William F. Barnes. late of futland afore-
said, deceased, have filed their petition In
Chancery against the above named defen-
DAMS.
setting forth that Stephen c. johnson
on the p November. 1867, mOrtgaged to
John Z. Barnes of Rutland. certain land
lying IN Rutland and described as follows.
10 wit: 1t being one equal undivided thir-
iy-sccohu part of the Jacob Reynolds farm
50 called and bounded on the north by
land OF Isaac G. Reynolds and , harlpS
Clement and Wallace &. Clement: east and
south by lands Of ). Jones Griggs and west
by land belonging to the heirs of Benia-
min Capron deceased, and land OF Bradley
Reynolds, and containing 100 acres more or
less, with condition for the redemption
OF the same on payment Of certain notes
therein described. and that said John T.
Barnes on the lst March, 1870, sold and as
signed said note remaining unpaid and
the salG mortgage to said William +.
barnes then Ia life. And setting forth
that on the ID day of May. 1868 said Ste
pne9 a. ! OhnSOn decided all his interest in
SAID premises to William II. johnson of
Rockingham, IN the county of Windham
and that on the 18th of August. 1868 said
w lillian Ii. conveyed all his interest to
the Green Mountain QUarrying and Manu-
featuring company Of Rutland aforesaid,
and that said C9mpany's name was after
wards changed to Eureka Marble Com
pany, and that said Eureka Marble ON
pany- on the Eth Of February. ISL, de-
missed and leased To said J. q. Flint, Will
am III. johnson and George Hart part OF
said described land for ten years upon
certain terms expressed in said lease.
And setting forth that Samuel o. Dear
born of MelrOse. in the State of Massachu-
sets, on the 18th November, 1861 mort
gagged to john 4. Barnes aforesaid one
equal OnC-siXth part OF the Jacob Rey-
noId~ farm so called, with condition for
the redemption Of the same on the pay
ment Of certain notes therein described.
and that said John L. on the 18th of March
1870, sold and assigned said notes and
mortgage to said William f Barnes. and
said william +. has deceased and said pc
tltIoners are his duly appointed admins
traitors. And that said Dearborn on the
18th August, 1868, conveyed all his interest
in said premises to said Green Mountain
Quarrying and Manufacturing Ompany.
And praying that said defendants may be
torecIosed Of their equity OF redemption
in the same.
said defendants Samuel o. Dearborn.
stephen johnson, John O. Flint anu
George Hart. residing without this State
so that said petition cannot be served up
on them.
It is ordered that they be required TO ape
pear on the first day of the next srateG
term OF said Court 10 be held at Rutland,
within and for the county of Rutlaad afOre
said. on the second Tuesday OF March, a.
ID. 1872. and make answer TO said petition,
by publishing the substance of said nstiti-
on with this order. three weeks successive
ly in the Rutland HERALD. a newspaper
printed at Rutland aforesaid, the lest Of
which shall be At least twenty days previ-
Gus to the commencement OF said term OF
said court.
Dated at Rutland. the 9Th day Of FeJ22u-
airy, a. ID. ls72.
HENRY II. SMITH. Clerk.
JOHS RRCT /. solicitor. 6:W3W