Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1876-07-17
In Chancery.
CTATE OF VERMONT,
= Orleans County, IS.
HIRAM COLE VS.. THOMAS c. KIDDER
AND OTHERS.

STATE oF VEKMoNT' c..
HIRAM COLE VS.. THOMAS c. KIDDER
AND OTHERS.
In Chancery. Orleans County Court, February Term,
A. d. 1876.
Orleans and State Of Vermont preferred to this court
at the aforesaid term, his petition of foreclosure in
Chaneery setting FORTH in substance that the LIST
day of March, a. D. 1867, Thomas G. Kidder and his
wife Lucy A. Kidder and Christopher T. Kidder then
all of Albany in the County Of Orleans aforesaid duly
executed to Mary E. and Henry A. Haheng mortgage
deed of certain land in Albany aforesaid described
follows in said mortgage deed: Being part Of lot one
hundred and OTty-twO (l42), beginning at the south
west corner of said lot and thence easery on the south
line Of said lot John PaInes line; thence northerly
the east line of said lot TO the school house ground
thence and around said school house ground to the
line between the said Mary Z. and Henry A. Haheng
and John Panes thence said line westerly TO the
west line of said lot; thence southerly on said west
line to the first mentioned bound, supposed to contain
hfty-nine acres more less said land subject TO an
annual rent to MiddlebuTy College. Conditioned for
the payment by the said Thomas c. Kidder Christie
pher T. Kidder and Lucy A. Kdder their heirs admin
istTators, executors assigns, to the said Mary T.
Haheng her heirs, gTantOrs administrators assigns
the of two thousand dollars $4,000 specified in
eight promssory notes for the of two hundred and
fifty dollars each, and executed and delivered by the
said Thomas G. Kidder and Christopher 7. KlddeT,
bearing interest annually and all dated the ls day OF
March A. D. 1867 and payable as follows: The first
note payable on or before the first day of April 1868
the second note payable before the first day of
April 1869; the third note payable before the
nrsbuay OF Apll 1ogU. the lOurtn note payable on
before first day Of April 1877 the fifth note payable ON
before the first day of April 1872; the sixth note
payable before the first day Of April 1873; the
seventh note payable before the first day OF April
1874 the eighth note payable or before the first
day of April 1875. And further setting FORTH that said
notes. though not so described in said mortgage deed
were made payable to said Mary f. Haheng bearer,
and that the said Hiram Cole is the legal and
bearer Of the last five Of said and that there is
now large amount both of the principal and the in
terest thereof due and owing and has not been paid
according to the tenor and effect Of the same And
further setting forth that subsequent the execution
/ and delivery Of the said mortgage deed, the said
Thomas c. Kidder mOrtgaged the said premises TO the
said Christopher T. Kidder and that Christopher 4.
/ has eqrity Of redemption therein And praying
that the equity Of redemption Of the said Thomas c.
Christopher I. and Lucy A. Kidder may be foreclOsed
| agTeeably to Law.
And whereas the orator hath BY leave Of the court
amended his said petition by inserting therein the fol-
lowing allegation "And that subsequent 10 the exc
cuon and delivery OF the mortgage deed first above
mentioned, one Dyer Bill acquired equity Of re-
demptren in said premises that said Dyer Bill has
since deceased and that at the time Of his deceae said
Dyer Bin still had an equity Of redemption. and that
Frank C. Bill Of Boston. IN the County Of Suffolk and
State Of Massachusetts and George A. Bill Of Albany
aforesaid have been duly appointed executors Of said
Dyer Bill by the Honorable Probate Court in and for
the District Of Orleans and State Of Vermont aforesaid
And in said amended bill also praying that the equity
Of redemption Of the said Frank c. and George A. BILL
executors aforesaid, in the premises may be fore
closed sgreeaby TO law.
resides without this State that the usual process Of
subpoena cannot be served upon him. II is ordered that
the substance Of said petition together with this order
be published three weeks successfully in the Orleans
County Monitor newspaper printed at Barton in said
Orleans County, the last publication 70 Be at least
twenty days previous to the stated session Of this
court 70 be held Irasburgh the 9Th day % Sep
tember, A. D. 1876, when he may appear and make
answer to said petition
And with reference to the SAID Frank c. and George
A. Bill IL Is further ordered by the that the
ecutOrs Of Dyer Bill late Of Albany In the County n
Orleans be made parties defendant iDths case bg the
amendment Of the bin and service them q cert
fed copy Of the amended bill with this order and eta
ton thereaHto appear az the next term q this
or by publication IN the Orleans County Monitor thTee
weeks sBceessTey. the last u which shall not b. less
than twenty days before The next term 81 this
And the said Frank G. and George A. Bit accord
ingy hereby notified 70 APPEAR Al the Aforesaid Item
Der term o. this court and make sad petition.
. oTdeF o. Court
l. " cUSHMAg CLERK.
l. H. THOMPSON. Orators Solicitor. 2s-l