Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-09-29
legal gntiees.

legal Yntirfs.
supreme Court.-Jauuary Ter
non ion' H H IL WHEELER, Presiding
HON. 1ss: E Z. T.s.T ps:s:.
MORTGAGEEs' SALE OF uau
HOAD, &C.
WHEREAS, the Vermont Central Railroad
w Company, by deed Of trust And mort aara
bearing date the twentieth day Of Nav. A. ID. iS52
conveyed TO II. ii. Hunnewell. Robert c. HOOPER
AID ii. II. Gregerson all OF Boston, Trustees and 10
the survivor or survivors of them and Of their sue
cessors, to be appointed in the hereinafter
provided in cass vacancies should occur the rail-
road and franchise of said company called the YER
mont Central Railroad. as the same Is located con-
structed, and improved, and as the same may here
after De legally located, constructed and improved
state OF Vermont, to Burlington, in said State, and
also the stations, engine houses, shope houses.
IRON, sleepers, and other appepdages with ali the
lands thereto belonging and INTENDED for the
anu accumulation OF said road, they now are and
a. tney may be II repaired and improved, together
WIN All tne locomotives, ngines. passeng eight,
u nand and other cars, and all the other personal
PIoper.y' belonging to said company, as the samo
nov Is IN use by said company, or as the same may
oc ncIeaiter changed or renewed by said company,
ssh ~, nowever to all the rights and privileges
when the vermont and Canada Railroad Company
nave IN and To the above granted premises as con
taineu IN the several ndentures between said Yer
mon. central Railroad Company and the said Yer
mont and Canada Railroad Company, severally,
dated August 9th A. D. 1919. January IIth, A. b.
lsSO. and July 9Th, A. D. 1885, and recorded at tho
S~n OF 81. Adams at Franklin county, in the state
Oh vermont, reference to which is made and sub
Ject 10 prior mortage set forth in an indenturs
made and executed on the twentieth day OF october
A y, ls5I. by and between the said Vermont Gen.
tral Railroad Company off the first p1ft and william
Amory and Chas. U. WhitmOre, Of Boston and John
smith, OF ST. Adams, as Trustees of the second part
and duly recorded in the State OF Vermont and 10
which reference is made and which mi
made security for the payment OF bonds ssued nv
the SAID Vermont Central Railroad Company to the
amount Of two million of dollars - and said deed
OF trust and mOrtage was made upon the condi-
ton that said Vermont Central Railroad Company
should we'll and truly pay or cause TO be paid tho
accIung interest upon the notes or bonds Of said
company, Issued 10 he issued by said company to
the amount OF one million i've hundred thou sand
dollars accord NJ to the tenor thereof and also to
pay the principle thereof pursuant to their promise
when the same became due"
And whereas, in and by said deed of trust and
mortage it was agreed by and between the parties
thereto that II At any time there shall be breach
of the condition thg reOi, by the nom payment OF
interest when due, or the payment OF principal
when due. for the space Ofsix months after tho
money So falls due, and twOthirds 10 amount Of the
holders OF said notes or bonds shall request il in
writing under their hands the granted premises
and property may upon such neglect be sold at
public auction by said Trustees or the survivor OF
them and their successors, subject however 10 all
the ri hts created and existing under prior mort
cages and membranes, and for that purpose tho
party Of the first part hereby empowers them by
al authority irrevOcable, both To sell and convey
by deed or deeds, under their bonds and seals tho
sald franchise prem ses and property to the pur-
chaser or purchasers, they giving three months
notice OF any intended sale by publishing an ad-
vertisement thereof N one newspaper at least in
the county ofsurOlk in the State Q! Massachusetts
and in each OF the counties Of Chit;enden. Washing
ton and Windsor, in the state Of Vermont stating
therein the time and place of sale.
And whereas. the undersigned have been duly
appointed agreeable TO and in accordance with the
taF IN and of a.sar
mortase. Trustees. TO fill vacancies which have oc-
Cured in said Board o. Trustees and have ao-
cepted sad appointment, and have thereby become
The successors Of the Trustees Original named IN
sad deeds and clothed with the same powers which
they would have had II they had been original
parties to said instrument, ami that holders OF
notes or bonds secured by said deed OF trust ana
MORTGAGES TO an amount exceeding two thirds in
amount OF said notes and bonds issued Aforesaid;
have requested IN writing under their hands that
the sara granted premises and property may DO
sold at pubic auction as provided in said deed for
The reason that there has been breach q the
condition named in said decd OF trust and mort
gage, IN this that there has been non payment
o. the interest which nas become due upon said
notes or bonds for more than the space OF fix
months after the money became due TO wit. Tor the
space o. several years past.
Therefore the unders gned give notice that all
the premise property, ishts and privileges named
and described IN SAID deed Of trust and mortgage,
bearing date the twentieth DAY Of May, \. ID. 1852,
Will be sold at public auction at the Court House
10 the town Of Montpelier in the County OF Wash
inston. on Tuesday, the twent, second day OF June
A d. l79', al twelve O'Clock, noon. subject to the
membranes named in said deed OF { ust and
mortgage, and also % any other ems and claims
existing thereon growing out OF the adm nistration
OF SAID property, under dIrectiOn OF the Court of
onsncery Tor the State OF Vermont.
Terms Cash.
Dated the fifteenth Day 0, March, AID. 1875.
T0RTHINGToN c. SMITH. sss T5S't Ma,, Of
JOSEPH II. CONVERSE, vermont &C. Central
March 10 1875
The above sale i adjourned TO the 3lst cay Of
AUGUST, A D. ls75 at the same place and timsot
day.
Montpelier June 23d. is75.
j 5S5ss Frye 4, fS5svrasr' Trustees
MONTPELIER, Aug 81, ISIS.
The above sale Is further adjourned To the 18th
day Of October, ISIS, at the same place, at tour
WIRTHINGT0N c. SMITH
5 JOSEF n il. UNIVERSE. Trustees
The above sale Is adjourned to the tn day Of
December. 1875, at the same place asd time y. Gay.
OklHlNGrON Z. SMITH, Trustees ID
ESTES HOWE tNnrt.-a.,e Bands
J. Ii. CONVERSE, We r.
Montpelier, Oct. >Cth. ISIS.
The above sale Is further adjourned to Tuesday,
the 18th day OF February, Is76, at the sams place
and time Of day.
Montpelier, December 25th, ISIS.
NOkTHlNGTUS q. SMITII)
JOSEPH II. CONVERSE, fTru.tees
Estes HOWE,
The above sale is adjourned 10 the 9th day u
May, 1876. at the same place and time Of day.
Montpelier, Feb. 18th. ls-6.
MOhTHINGToN O. SMITH, Trustees u
ESTES HOWE, mortgage Ponds
)Nt Central X. r.
The above sale IS adjourned to the Goth das OF
September 1916, at the same place and time OF day.
Montpelier, May 18th, 1876.
NORTHEASTERN Z. ssiITH.2
ESTES HOWE. fTrustees
JOSEPH II. CONVERSE. )
he above sale "a hereby further adjourned TO
the third Tuesdy o; January, a. d. ls79.
WORrHINGT0N c. SMITH, Trustees OF 2nd
ESTES HOWE. Mort.ass Bonds
JOSEPH Ii. CONVERSE, Vt Z. r. h
ant