Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1875-04-03
Charles j. Scott,
as. Orange County,
Cyrus j. $. Scott Court OF Chancery
and Dec. Term 1874.
Theodore Mart in,

The orator in the above entitled petition
having filed his petition in the Clerks office in
the Court of Chancery for said county, at
the December Term Of said court, 1874 set
ting forth that Cyrus j. S. Scott of Newbury
In said county on the Oath day of December,
A. ID. 1865, duly executed TO Mary Scott Of
said Newbury, mortgage deed of certain
land in the town of Newbury, county of
Orange, and state of Vermont. described as
as follows, to wit: Being in the village of
Wells River so called bounded on the north
by land of Durant and Adams called the
"Coossuck"; on the east by Main street, 50
called; ON the south by the highway leading
from Main street to William Whites house,
and on the west by lands of Charles j. Scott,
with tho right of water and acqueduct ap
purtGnant thereto and being the same prem
iscs purchased by said Cyrus j. S. Scott of
the said Mary Scott by decd of even date
with the aforesaid mortgage, containing
three fcurths of an acre, more or less.
Conditioned for the payment of certain
promissory note in writing, signed by the said
Cyrus j. 5 Scott, of even date with said deed,
for one thousand dollars payable to the said
Mary Scott or order on demand with interos,
annually; and further setting forth that the
said Mary Scott having afterwards deceased
the said Cyrus j. 5. Scott was duly appoint
ed administrator of the estate of the said
Mary Scott, by the Probate Court for the
District of Bradford; and that said Cyrus J
S. Scott as such administrator, having licencc
and authority from said Probate Court there
for sold assigned and indorsed said note to
Chales j. Scott, tho orator, who thereby be-
came, and still is the sole owner thereof. And
further setting forth that said note is now
Justly due, and owing and has not been paid
according to the effect of the same and fur
ther setting forth that Theodore Martin of
the city, county, and state of New York
claims an interest in said premises. by an at
tachment of said land by the said Theodore
Martin as the property of said Cyrus j. s.
Scott. In suit now pending In the county
that the equity Of redemption of the said
Cyrus j. S. Scott and the said Theodore Mar
tin and all persons claiming under them in the
premises may be fOreclosed agreeably to the
act to diminish the expenses Of forecloseing
mortgages in equity.
And said cause having been duly entered
in said court; and it appearing that said
Theodore Martin lives out OF the State and
beyond re ach Of process, and that no service
has been made on said Martin of said petition
1t is therefore ordered by said court that
the said Theodore Martin be notified of the
pendcncy of said petition, and that he be re-
quired to appear and answer to the same ut
the next stated term of the Court of Chaucery
to be held at Chelsea, in and for the count
Of Orange, OH the first Tuesday of June, A. D.
1875 by the publication of this order in the
Bradford OPINION, a newspaper published at
Bradford in said county Of Orange, three
weeks successfully, the last of which publ
cation shall be at least twenty days previous
to the said first Tuesday of June, d. 1875;
and which publications shall be deemed SUIT
fcent notice for the said Martin to appear
and answer to said petition.
BY order OF the court
Dated at Chelsea, in the county of Orange,
this 29th day of March A. ID. 1875.
S. Il. HEBARD, Deputy Clelk.
LESLIE & ROGERS,
Solicitors for Petitionee. 45w3