Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-10-13
Xtaal 9atifes.
supreme Caurf. AIanuarx Term

1
Supreme Court. ~Jauuary Term.
H,n. HofT II. WHEELER, Presiding Judge.
H Nm T T. SsssI pSss: ,o..
MORTGAGEEs' SALE OF A RAIL
ROAD, &C.
w II EREAS, the Vermont Central Railroad
w Company, by deed OF trust and mortgage.
bearing date the twentieth day Of May, A. ID. l552
conveyed to II. ii. Hunnewell. Robert c. Hooper
AID H. H. Gregerson, all Of Boston. Trustees and to
the survivor or survivors Of them and Of their
cessors, to be appointed in the manner 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 be legally located, constructed and improved
~ said company, extending from Windsor. in the
STATE OF Vermont, to Burlington, in said State, and
also the stations engine houses, shops wo houses
ron, sleepers and other apperdages with al the
Iahds thereto belonging and intend for the use
ana accumulation Of said road. they now are and
a. tney may he Il repaired and improved, together
"th an the locomotives engines passenger, freight,
eI hsnd and other cars and all the other perso
ElvpettF' belonging TO said company, as the same
now Is IN use by said COMPANY or as the same may
~ hereafter changed or renewed by said company,
su'Jeo. however 10 all the ghts and privileges
~hiel The ermont and Canada Railroad Company
nave IN and % the above granted prems SEES con-
famed IN the several inden;ures between said Yer
mon. central hailr9ad Company ard the said Yer
mont and canada Railroad Company, severaIly,
daied August 9th A. ID. lSi9 January lIth, A ID.
~. and July 9Th, A. ID. lsJ1, and recorded the
town Of ST. Adams at Franklin county in the state
Of ermont, reference to which IS a ade and sub
lect TO prior mOTta.e set forth IN an ndenture
made and executed on the twentieth day OF October,
y. l,Jl by and between the said Vermont Cen
ira. Railroad Company OF the first part and William
Amory and Chas. .. Whtmore, Of Boston. ana John
on N, OF st. Adams Trustees of The second part
ana duly recorded in the state OF Vermont and TO
VII Oh reference is made, and which mort gage was
made security for the ynsnt OF bonds issued by
the Sa Il Vermont Central Railroad Company 10 the
A w m md afA tfaa
OF trust AID mortage was made upon tho condi-
ton that said Vermont Central Railroad Company
should we'll and truly pay or cause 10 he paid the
acciu NJ interest upon the notes or bonds Of said
company Issued or TO be issued by aid company TO
the amount OF one million five hundred thousand
dollars accord TO the tenor thereof and also to
pay the principle thereo! pursuant 10 their promise
when the same became due"
And whereas, in and by said deed o. trust and
moriage Il was agreed BY and between the parties
thereto that II at any tine there shall be breach
ui the condition tn reOi, by the uln-pay ment OF
interest when due, the non ment Of prinei pal
when Que for the space DISK months after the
money falls due and twu-tlirds in amount of the
holders OF said notes or bonds shall request 1t in
| writing under their hands the granted premises
| and property may upon such neglect he sold at
public auction by sald Trustees or the survivor Of
them and their successors, subject however to all
the ri ghts created and existing under prior mort
E3-es and membranes. and iur that purpose the
| party OF the inst part hereby empowers them by
authority irrevoc thie, both % sell and convey
1y deed or deeds under their bonds and seals the
chaser or purchasers" they giving three months
notice Of any intended sale by puhash.n. an al
vcrtisement thereof n one newspaper, at least in
the UNITY Of Suffolk, IN the STATE q t.
an in each Of the counties %. Cnittcnden, washing
ION and " indsor, in the state Of Vermont, Stating
/ therein the me and. place Of sale.
| Ana whereas, the undersigned have .een duly
appointed agreeable o. and In accordance with the
terms aud provisions OF sad iced o. ttu-t and
IL Tta-e. trustees, o. I'LL vacancies which have &C
| Cured in sad Board o.. Trustees and have ac-
ce ted sad apo ntmenf, and have thereby become
The successors Of tl9 Trustees or sinalJ named in
sd d deeds and clothed ia the same p0aers which
/ they would have had u they had been ori .inal
parie- % ssfd instrument that holders of the
notes or bonds secured by said deed Of trust AMI
| mortgages o. an amount exceeding Two thirds IN
INT OF sad notes and bonds -sued Aforesaid.
have requested IN writing under their hIlds that
| The salG --auted pr, Rises ana property may be
sulu az pui4-t auctu as IrvFred N said deeu iur
| Tire reason that there has been breach N the
/ Notion named a q deed OF trust and mort
gage, in this tlat there has been non pay Eent
o. tAe interest which las oecous Gue upon sad
notes OF bonds -vF more than tao space o. "a
months after The honey became due, TO wit, iOr the
space O.. several years past.
Therefore the under, -lei give notice that all
the PREMISE pr pefty. lts and privilege named
8ul described u sad deed ui tru AMI mott saze
not NJ date ihe twentieth Gay %. 5iay, \. D. I-i1
W.. DE sold at public auction, at the Court House.
iu the town o, Montpelier, III tie County o. Wash
-fnu, on Tuesday the twerty second day U: June
4 D.. 1919 at Twelve O'Clock. Iocr, subject 10 the
iu'uiLhfdAees naihfl 10 -aii deed ~ ust and
70 rt-uge, and ais. O. ans other ems ana claim
eAlsti- thereon growing out o. ihe administration
OF SAID properly. uni,r direction @. the Court Of
Chancery t0r the State OK Vermont.
Terms Cash.
D4le1 the fifteenth Day u March A. D. ISIS.
NORTnNGTON C. SMITH TT, IIgst Ns., o.
ESTES HOWE. ,,-.u'' ~ 49, .-ns13
EPE H. coNNERSt Z. R. Co.
March 49, l--7.
Tie above sale Is ADJOURNED 10 ne 'st day Of
August a. -. l-.i, IL tue same Pisco and tlmeof
day.
Moatpei c. June -4i. i--l.
NuRTHiNGFuN a. SMITH,
ESTES HOWE. Trustees
JOSEPH II. CONVERSE,
MONTPELIER. Aug 81, 1915.