Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-02
&s9al Qotifrs.


Supreme COurt.-Jauuary Term.
Hon. HoYT IL. WHEELER, Presiding Judge.
hon. HOMER T. ROYCE.
Hon TIMOTHY Z. REDFIELD. Associate Justices
Hon Ii. HENRY POWERS,
MORTGAGEEs' SALE OF RAIL
ROAD, &C.
WTHEREAS, the Vermont Central Railroad
| w company, by deed of trust and mortgage,
bearing date the twentieth day OF May, A. ID. 1872,
conveyed to Ii. ii. Ilunneweil Robert C.. Hooper,
and Ii. II. Greserson, all o. Boston, Trustees and to
the survivor survivors Of them and Of their
cessors, 70 be appointed in the hereinafter
provided in vacancies should occur ''the rail-
road and franchise of said company, called the En-
mont Central Railroad. the same is located,
structed and improved, and as the same may here
after be legally located, constructed and improved
by said company, extending from Wi dsor. in the
State OF Vermont, to Burlington, in said State and
also the stations, engine houses shOps wo housed,
iron, sleepers and other apperda yes with all tho
lands thereto belonging and intended for the use
and accommodation of said road. as they now and
as they may be if repaired and improved tOge her
with all the locomotives engines passenger, freight,
DIRT hand and oner cars and all the other per onal
property, belOn ,ng to said company, as the same
now is in use by said company, or as the same may
be hereafter changed or renewed by said company,
subject however TO all the @hts and privileges
when the vermont and Canada Railroad Company
have in and to the above granted premises as con-
tanned in the several indentures between said Yer
mont Central Railroad Company aud the said Yer
mont and Canada Railroad Company, severally,
dated August 18th A. ID. lSig, January nth, A D.
lsjo. and July 9Th, A ID. l-jj aud recorded at the
OF Vermont, reference 10 which is made; and sub
Iect to prior mOrtage set :Jrth in an tndenturs
made and executed On the twentieth day VI october.
a. u lSIl. by and between the Saih vermont Zen
trail Railroad Company the first part, and lllam
Amory and Chas. U. Whitinore Of Boston, anu Jchu
smith, of st. Adams, Trustees of the second part,
and duly recorded in the State oil Vermont, aud q,
which reference is Ilade, and which mortgage was
made as security for the payment bonds issued by
the Said vermont Central Railroad Company TO the
amount OF two million Of dOllars;" and sad deeI
OF trust and mOrtage was made upon the cOudi-
ton that said Vermont Central Railroad Company
should we'll and truly pay cause to be paid tho
accruins interest upon the notes or bonds o. said
company, issued or to be issued by said company TO
the amount OF one million five hundred thousand
dollars according to the tenor thereof and also 10
pay the principle thereO: pursuant 10 their promise
when the same became due"
And whereas, in and by said deed of trust and
nortase II was agreed by and between the parties
thereto that il at time there shall be breach
OF the condition tn reoi by the uun-pay msnt OF
interest when due, the n0r -pa ment Of principal
when due. for the space OF six months after the
money SO falls DUE and tgOthirds ia amount Of the
holders OF said notes or bonds shall request it in
writing under their hands tae granted premises
and property may upon such neglect be sold At
public auction by sad Trustees the SURVIVOR OF
them and their successors, subject however TO all
the rights created and existing under prior mort
cages and membranes, and for that purpose the
party OF the first part hereby empowers them by
authority Irrevucibl4, both T. sell and convey
by deed or deeds, under their bonds and seals the
SAID franchise, premises and property to the pur-
chaser or purchasers" taty =ly!az three months
y 4
yertisement thereo: in one newspaper, at least in
the county Of SUFFOLK in the State Uf3iassaehusetts
ana in each OF the counties Of Cnittenden Washing
ton and windsor in the state Of Vermont stating
therein the time and place OF sale.
And whereas. the unders zned have been duly
appointed, agreeable u and in accordance with the
terms and provisions of said deed OF trust and
mortase, Trustees, to fill vacancies which have
Cured in said Board o: Trustees aud have sc-
copied SAID appointment, and have thereby become
the successors Of the Trustees originally named IN
said deeds and clothed with the same powers which
they would have had if they had been original
parties to said instrument, ana that holders of the
notes or bonds secured by said decd OF trust ana
mortgages 10 an amount exceeding twO-thirds in
amount OF said notes and bonds issued as aforesaid
have requested in writing under their hands thar
the said granted premises and property may be
sold at public auction as provided in SAID deed for
the reason that there has been a breach in the
condition named in said deed OF trust and
gage, in this that there has been nOn-payment
OF inc interest which has become due upon SAID
notes or bonds for more than the space OF SIX
months after the money became due to VII, for tho
space Of several years past.
Therefore, the undersigned give notice that all
the premises property, hts and privileges uanea
and described in said deed Of trust and mortgage
bearing date the twentieth day OF May, A. d. l552
Will be sold at public auction. at the Court nouse.
in the town OF Montpelier, in the County OF Wash
ington. on Tuesday, the twenty second day Of June
A. ID. 1875, at twelve O'Clock, subject to
membranes named in said deed OF { ust and
mortgage, and also to any other liens and claims
existing thereon growing out OF the ADM nistratiun
Of said property, under direction OF the Court OF
Terms Cash.
Dated the fifteenth day OF March. D. 1875.
WoRTuINGToN C. SMITH, scc q5g'i ns,t q
ESTES HOWE, Seeoni 'v, t-as,
JOSEPH Il. cosvERsg, vermont r. &. Co. Central
March 10, 1875.
The above sale is adjourned to the gIst day OF
August, A. ID. 49, at the same place AMI t'msof
day.
Montpelier June 22d. 1875.
JOSEPH II. CONVERSE,
MONTPELIER, Aug 81, Isls.
The above sale IS further adjourned 10 tho 18th
lay Of October, ISIS, at the same place, At four
E Esass HoWs. C. SMITH Trustees.
JOSEPH Il. CONVERSE,
The above sale is adjourned to the 2,th day o:
December. ls.5 al the same pace anu tune OF DAY.
NORTHAMPTON c. SMITH, Trustees I'd
ESTES HOWE, SMOrt.agc B-nds,
J. II. CONVERSE VCKR
Montpelier, Oct. 10Th, Is'-i.
The above sale is further adjourned to Tuesday,
The 18th day Of February, Is'6, at the same place
md time Of day.
Montpelier, December 2sth, i>-5
WORTHlNGTON u SMITH,
i 5sTEs uB 3, CONVERSE, Trustees
The above sale is adjourned to the 18th day o.
Nay, 1876, at the same place and time OF day.
Montpelier, Feb. 18th. 1876.
MOkTiiiNGTnN c. SMITH, Trustees u
ESTES HOWE, Mortgage Bonds,
wi. Central X. X.
The above sale is adjourned to the 2jth diy OF
september, 1876, at the same place and time q day.
Montpelier, May Both. 1876.
W0RTHlNGTnN L. sMITH,1
Joseph II. CONVERSE.
The above sale is hereby further adjourned to
he third Tuesdy OF January, A. ID. lS77.
WORTHINGToN {. SMITH, Trustees OF 2nd
ESTES HONE. Mortgage BOnis
JOSEPH II. CONVERSE, VIC. X. IL.
Sept. Is, 1876.
The above sale Is hereby further adjourned t. the
ourth Tuesday Of July, A d. iS7..
Estes HOWE, Mortgage BOods
Jan 10. ls77.-30w3w