Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-10-06
legal gatifes.
Supreme Court.-J..,,,v r.

| -r's.e Nvefts-su9 I4Fy Ierm.
Hon. noYT II. WHEELER, Presiding Judv.
Hon. HOMER Il. ROYCE, !
Hon TT T. i; .R.s:isLD. Associate Justices.
MORTGAGEEs' SALE OF A Rail-
ROAD, &C.
WHEREAS, the Vermont Central Railroad
w Company, by deed Of trust and mortgage
bearing date The twentieth day OF May, A. d. I3i2
conveyed to Ii. ii. Hunnewell. Robert c. Uooner
and 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 manner
provided in cass vacancies should occur the rail
road and franchise of said company, called the YER
mont Central Railroad, as the same is locate1 con-
strueted, and improved, and as the same may here
after be legally located, constructed and improved
BY said company, extending from Wirdsor in the
STATE Of Vermont, to Burlington, in said State. and
lsO the stations, engine houses, shops wo houses
iron, sleepers, and other appendages With ali the
lands thereto belonging and intend d for the use
ana accommodation of said road as they now are and
az they may be Prepared and improved. together
WIN All the locomotives, engines passen
art hand and other cars and all the other per onal
property belonging to said company, as the same
INV y IN use by said company, or as the same may
De hereafter changed or renewed by said company
SUBJECT however to all the rghts and privileges
~n.en .ne vermont and Canada Railroad Company
nave IN and 10 the above granted premises as con-
tanned IN the several indentures between said Yer
mont central Railroad Company aud the said Yer.
i i anu oahada hdilroad Company, severally
dated August 18th A. ID. 1919. January lIth A. b.
ls0O. and July 9TH A ID. 1851 and recorded at the
town OF bt. Adams at Franklin county in rha state
OF vermont, reference TO which Is made and sub
ject to prior mortage as set forth in an ndenture
made and executed on the twenti eth Az OF ctober
A ID; io5l by and between the said Vermont Cen
tral Railroad Company OF the first part and William
Amory and Chas. y. Whtm0re. Of Boston ana John
Smith, OF ST. Adams Trustees of the second part
and duly recorded in the state Of Vermont aud 10
which reference is made, and which mortgage was
made as security for the payment Of bonds ssued by
the Sad Vermont Central Railroad COMPANY u the
amount Of two million OF dollars ;" and aid deed
u 81 nd rfar ma 40
ton that said Vermont Central Railroad Company
should we'll and truly pay or Cause 10 be paid the
aecIuins interest upon the notes OF bonds Of said
company, issued or to be issued by said company 10
the amount of one million i've hundred thousand
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 II was agreed by and between the parties
thereto that If at any time there shall be a breach
OF the condition tn reof, by the nan-paymcnt OF
interest when due or the nOn-pay nent 81 PRINCIPAL
when due. for the space Of * months after the
money So falls due. and twO-thirs in amount of the
holders OF sad notes or bonds shall request Il in
writing under their hands, tae Granted premises
and property may upon such neglect. be sold at
public auction by said Trustees or the survivor OF
them ard their successor, subject however TO all
the rights created and existing under prior mort
cages and membranes, and Tor that purpose the
party OF the first part hereby empowers them by
an authority lrrevOcihle. both u sell and convey
by deed or deeds, under their bonds and seals the
said franchise, premises and property TO the pur-
chaser or purchasers, they giving three months
notice OF any intended sale by publishing an ad-
yertisement thereof IN one newspaper, at least IN
the county OF suffolk. in the State OF massachusetts,
AMI in each OF the counties Of Chittenden. 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 t. and in accordance with the
terms anu provisions Of SAID deed OF trust and
mortaee, Trustees, t. fill vacancies which have &C
Cured in said Board O; Trustees and have &C
cepted said appointment and have thereby become
fl1isz f--fHr zff ne tr r fl
sad deeds and clothed with the same powers which
they would have had # they had been original
parties 10 SAID Instrument ana that holders Of the
notes or bonds secured by said deed OF iust anf
mortgages 10 an amount exceed.u. two thirds IN
amount o. said notes and bonds issued Aforesaid,
have requested in writing under ther hal DIS that
the sald -ranted premises and property may be
sold al pubic auction provided in said deed for
the reason that there has been breach n the
condition named in said deed OF trust and mort
gage, n this that there has been non-payment
OF the interest which las become due upon sad
notes or bonds for more than the space OF six
months after the money became due 70 wit ror tho
space Of several years past.
Therefore the unders COED give notice that all
the premises property, shts and priv lezes named
and described IN said deed Of tru-t and mortgage,
bearing date the twentieth day OF MAY, A D. lisp,
VIII be sold at public auction at the Court House
IN the town Of Montpelier, in tie County o: Wash
ingtou, on Tuesday, the twenty second day of June
y ID. l,sl at twelve O'Clock, Noon subject to the
neumorances named IN said deed Of T. st and
III rt-a-e, and also 10 any other Liens and claims
sting thereon growing out OF the administration
sad property, under direction 81 the Court Of
lncery Tor the State o, Vermont.
3rms Cash.
ited the fifteenth day Of March, A D. 1875.
BURLINGTON c. SMITH, Str. Trustees ICES. 81 -.
SITS HOWE. yet.oLu 'io 1890 azs
JSE2H Il. CONVERSE, 'eI,1us' ceh'iai
March -, $50.
Tie above sale is adjourned TO the alst day Of
eg-ust, a. d. l-75, al the same place and timsOt
DAY.
Montpelier June I'D. ISIS.