Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-03-17
9saal Aatires.
upfeme Court.-IapEsrx !

supreme Court.-JsuEsf arr fern.
Hon H0rr u; WHEELER, Presiding Judge.
1on- noAkk Z. ROYCE,
hon TIMOTHY p. RrpFlK1n Associate Iurtiess
non. H. HENRY POWER
AOhTGAGEES SALE OF a BAIL.
ROAD, &c.
WHEREAS, the Vermont Central Railroad
w Company, BY deed Of trus, and morsssss,
bearing dste the twentieth day Of say. A. D. I33z,
conveyed to II. II. Hunnewsl Robert C. Hooper
ano II. II Gregerson sll Of Boston, Trustees and 70
sne survivor or survivors Of them and Of their sue
ressois, 20 DC appointed N the manner hereinafter
prosieed IN cas-, vacancies should occur, the nail
ROAD and franchise of said company, called the YER
mont Central Railroad. the sane Is located con-
structed, and improved and as the same nav herr
after DC legally located constructed and improved
81. ,sd company exssndng from windsor In the
Ssate OF vermont to Burlington, n said State, and
also the stations, engine houses, shcps wood house,
IRON, sieepers and o. sr appenda ses With ali the
lands thereto belong and intentsd for the use
and accommodation of said road as they now are and
as they may DO If repaired and improved together
WITH an the locomotives. engines psssen ger freight
urt hand and other cars, and all the other per,ona
property, belonging to said company, az the s.ma
new 4 IN use by said company, or the same NAV
be hereafter changed or renewed BY slia comnsny
suoJect however to all the tghts and priyIlege.
which the Vermont and Canada Railroad Comnsnv
have in and TO the above granted premises a, can
tanned in tho several indentures between aid var
mont Central Railroad Company and the said va
mont and Canada Railroad Company seva,arx
| dated August 9th. A. ID. 1883, January ilth A r.
$50, and July OH. A. D. 1850. and recorded al ,hc
town or st Adams at franklin county, in tho stafe
OF vermont, reference TO which Is made; and nh
Ject 10 prior mortgage as set forth in nder,urs
made ana executed on the twentieth day Of Octob.r
A. D. 1851, by and between the said Vermont Cen,rni
Railroad Company Of the first part, and william
Smith, Of ST. Albss as Trustees OF the second part
and duly recorded in the State OF Vermont, and to
which reference Is made, and which mortgage was
made as security for the payment ofbond. issued by
the said Vermont Central Railroad Company to the
amount Of two millions of dollars" and said deed
/ y NJ OFT Do -.
ton that said Vermont Central Railroad Company
should, well and truly pay to be paid the
accruins interest upon the notes or bonts Of. SAID
company, issued to be issued by said company y
the amount Of one million five hundred t1Jlsand
dollars according TO the tenor Thereof, an to
pay the princ pal thereof pursuant u the uru1f5s
when the same became DUE
And whereas, in and by slid deed OF trust nd
mortgage Il was agreed by and between the Da-tles
thereto that II at any time there shall be orsieh
OF the condition thereof, by tie non-payiner- of
interest when duo or the nOn-pa yment o. p-.na. Al
when due, for the space of SIX months l'tar ias
money so falls due and twOthiris in amount ~ "a
holders Of said notes bonds shall requs.- Q n
writing under their hands. the granted premisss
and property may upon such me- lect be sold .
pubic auction by said Trustees or the survivor &
them and their SUCCESSORS, subject however h a.
the rights created and existing under prior mort
cages and membranes. and for that purpose the
party OF the first part hereby empowers them b.
an authority irrevocabe, both To sell and convey
by deed or deeds, under their bonds and seals he
said franchise, premises and property to the mr.
ehaset OF pureaasers, they giving three months
notice OF any intended sale by publishing an ad-
vertlsement thereof IN one newspaper At east in
The county OF Suffolk. in the STATE Of Massachusetts
ana IN each Of the counties of Chittenden, Washing
Ton and W ndsor, in the state Of Vermont. stating
therein the time and place Of sale.
And whereas, the undersig ned have been duly
appointed agreeable u and in accordance with the
terms and provisions Of said deed OF trust and
mortgage, Trustees, to I'LL vacancies when have
occurred said Board Of True,tees and have 40
cepted said appointment and have thereby become
Inc successors Of the Trustees originally named IN
alr 81 -
they would have had II they had been original
parties to said Instrument, and that holders Of thu
notes or bonds secured by said deed Of trust and
nortst Se 10 an amount exceeding two-thirds IL
amount Of said notes and bonds issued as Aforesaid
have requested in writing under their hands that
The sald granted premises ami property may DO
sold al public auction provided IN said deed for
the reason taat there has been breach in tho
coalition named in said deed OF trust and mort
gage in this. that there has been a non uent
oi the interest which has become due upon said
notes or bonds Tor more than the space OF six
months after the money became due to wit for the
space Of several y ears past.
Therefore, the undersigned give notice that all
the premises property, rights and privileges
named and descr bed IN said deed Of trust and
mortgage, bearing date the twentieth day Of May
A D. is52' Will he sold at public auction, 81 thu
Court House in the town o. Montpelier, IN the
County Of Washington, on Tuesday, the twenty
second day OF juno, a. d. 1875, at twelve O'Clock
noon, subject TO the Membranes named 10 said
deed Of trust and mortgage and also to any other
liens and claims existing thereon growing out of
ton OF the Court q! Chan0ery Tor the State Of
Vermont.
Terms Cash.
Dated the fifteenth Gay % March, A d. ls7s.
MoRIHINGToN c. SMITH sss I5g'i Sa,, 9;
ESTES HOWE 11 s 'iSEll-AsS
JOSEPR ii. cONvERsg, vermont n t Central
March 10, ls-5.
The above sale is adjourned to the slst day u
August, A. d. Is-j. at the same place and iins9.
day.
Montpelier June 22l. Isl
WOkTHINGTGN 4 SMITH
ESTES HOWE, Trustees
JOSEPH II CONVERSE,
MONTPELIER, Aug 81, 1875.
the above sale s further adjourned to the ss4
day Of October, 80, st the sane place IL tour
o'clock p. m
M Es4ss HCTs, c SMITH }r.s......
JOSEPH II. CONVERSE
Tho above sale is adjourned to the 18th day Q. De
cember, 1915, at the same pace and tune OF day.
W s4SE no9 G. SMITH Trustees AL q
j. IL. CONVEkSF We II. r.
Montpelier Oct. 18th $50
The above sale Is further adiosrzsi to Tuesday,
the 10Th day Of February, i-76, AZ the same place
and time Of day.
Montpelier. Decel her ssth. ISIS
WOhThINGruN e. SMITH,
JOSEPH IL CONVER,b Trustees.
ESTES HOWE.
The above sale Is Adjourned to the 18th day Of
May, ls76 At tho same place and trls Of day
Montpelier, Feb. <eth, lS7s.
wORTHIN6Ton t. saITn,} q Trustees Tt,,sa Of
ESTES HOWE. \y, rsn1rsi
36w3w
HEMAN CATPENrEK's ESTATE.