Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1877-05-12
STATE or VERMONT, :. ch.,o,,v.
W NnANGE COUNTY. w N"""N''S'


net Of the Legislature, of the State of Vel,
mont, and doing banking business nj Nrai,
ford. IN said Orange County, has filed lts Till
IN the office ct the clerk of the court of chan.
ccry. ~ sn,d county, setting forth In sub.
That Nelson u. Stevens and Matte 4.
Stevens' wife OF said Nelson n, then hoth of
Boston, county Of Suffolk mud C0mmon wealth
If Mass. now Of said bradford, on tho third
day 81 July, a: H., 1875, duly executed to the
said bradford Saving. Rank aud Trust Com
E"my n.rc mortgage , sra 81 certain aud build
Trottcr House. described IA follows; BEING
the same prcmiscs and every part thereof
which were conveyed, ~ said Nelson u. Stew.
ems, on tho 10Th day of March. 4, D., 1870,
by Alexander McLane M Administrator Of
the estate Of John Finnignn. late Of said
recorded IN book u, pages Ai9 and 40 Of the
land records Of said Bradford. Reference to
he had 10 said deed or to the record thereof
for n particular description Of said premises.
Conditioned for the payment to the sui!
iirn,ltord Savings Bank and Trust Company
81 TWO 40, certain notes in writing, bearing date
sand dollars each by the said Nelson Il. Stew
ms. executed and made payable to Il. 7,
Smith or bearer on demand with interest an
nnally according to the tenor aud effect Of
Tie saH,e, ana that the said Nelson Il. Stew
ems ems, ana wife keep the snid properly snfiici-
ease of loss by fire. Which sum is now Justly
tne aud owing, and has not been paid accor
ding 10 the effect OF the same. Nor has said
premises been kent insured. Aud afterwards
to wit on the l4th dny Of October. A. D..
1873 the sald Mellon II. Stevens executed u
deed OF warranty Of said Trctterr, House
ems. then of Boston aforesaid. now of Brad
ford aforesaid. And on said 18th day of Oct.
A. D.. 1873. the said Charles N Stevens exc.
cutcd 10 the said Matte \. Stevens mortgage
deed Of snid premises conditioned tor the pay
mcnt Of three thousand dollars. And on tine
2Sth day Of August A. D.. 1876. the said Mat
tie :. Stevens and Nelson d. Stevens her hus.
band. Unsigned unto George Jenkins and Phil
ip Tulley both of Bradford. all their interest
In the last named mortgage ; and on the 2Sth
day Of September A. d., 1876 the said jenkins
and I'nllry assigned their interest IN said
mortgage to Amos G. Bates Of Rutland, in the
county Of Rutland and State of Vermont,
And ON tho LIST day of April. A. D., 1876. Pros.
per Merrill Ot Woodstock, In the county OF
Windsor and State Of Vermont, brought his
,nit against the said Nelson B. Stevens and
Charles N. Stevens on u note for five hundred
dollars given by the said Nelson b., aud Chus
N. u, d the writ in said suit was served by at
taching said TrOttcr House property. on said
LIST day of April; and the said Merrill obtain
ed judgement in said suit ut the last May
term Of the Windsor county court for $53S. 4!
and has taken out his execution and leavied
the same upon snid property.
Wherefore the petitioners pray the equity
Of redemption Of the said Nelson b.. Matte
-. Charles N. Stevens. Amos C Bates and
Prosper Merrill in the premises may be fore.
closed aErecably to the provision Of the Is
section of chapter 81 Of the General Statutes.
And the petitioners also pray that the time Of
redemption may he shortened.
And further showing. that nrior to the ex
ccution of the deed Of warranty by Nelson
day of October. A. d.. 1875 said Trottel
House premises had been insured to NelsO,
Il. Stevens for the benefit Of Harry Is. Stevens
the first mortgage $20On and your mtition
ers $4,000. Soon after said l4th day Of October
to wit: On the l!th day Of November 1877
the insurance policies were transferred TO- thu
said Charles N. Stevens still for the benefit u
the mortgages above named with the bal
ance Of the loss payable to the last mortgage
| Mrs Matte s. Stevens according as her mort
gage may show the amount due; while the
| title mortgage ; interest and insurance stool
as above stated. The said Charles N. Stevens
was landlord Of the house: and the said Ne!
son B.. Matte s.. assisted him up to the 2Otl
day of August, 1876 when the Trotter HOUSE
was set on fire. Mrs. Matte s. Stevens was
arrested as the incendary and the testimony
| was such that she was bound up in the sun
of seven thousand dollars. Prior to tins time
in May las. the TrOtter House had been SCI
on fire while Mrs. Stevens was resident in Il
and by many it was supposed that she set Il
IN fire on that occasion hut there was moth
ing done about it. As soon us these fact
we're communicated to the companies II
which the TrOtter House was insured OF whicl
there were three. notice was at once
given to their agents, Messrs Stearns JOne'
that the policies would be cancelled u MIS-
a., rnsia In n
House, and the policies were accordingly can
| celled upon Mrs. Stevens return to the rot
| ter House after a temporary absence. Anu
since that time the premises have been with
out insurance as Tar as your petitioners know
and it has been found impossible to get then
insured. Your petitioners ana tne mort
gagee Harry b. Stevens and Nelson Is. SteV
ems have made strenuous efforts to get tiit
property insured and have not been able
they are met every where by the statement
that no company will insure the property a.
long as Mrs. Stevens is at liberty to come tt
the 1rotter House to reside or even to stol
there. Your petitioners believe from wha
thew have heard in regard to the matter thai
Mrs. Stevens set the Trotter House OIL fire OF
the occasion of its last burning, in August
last, and they believe that it would be dan
gerous to the salty of said premises to allow
Mrs. Stevens to return to said lrOtter House
and your petitioners believe that the insur
ance companies laVo soou Ic"so' " oc''cNs
that the risk If fire In said premises is great.
| ly increased by Mrs. Stevens presence there
And further showing that should said build
| lrgs be burned they would loose their entir,
security or nearly the whole Off as the lane
without the buildings would no more thai
lay the first mortgage to Harry B. Stevens
And also showing that so long as the Trottel
House is open to Mrs. Stevens to {" and come
and occupy as she chooses. they can get M
Insurance for their benefit and the parties re
fuse to give yOnr petitioners any other securi
ty or to pay the notes mentioned in SAID mort
tgage And the said Charles N. Stevens is
the owner of said Irotter House, subject tt
the mortgages and attachment, is the land
lord and is IN the possession and the Occupanc,
of the same and further praying that II writ
of injunction be issued directed to the said
Charles N. Stevens deft. above named, enjoin
ing and restraining him from allowing or per
tering, remaining in. occupying or residing IN
said TrOttcr House, or any part OF the premi
SEES connected Herewith, until further order
of Inc Hon. Court.
And it appearing thar said Matte s. Stew
ems resides without the State, SO that o sub
prna cannot be served Oh her; it is ordered
that she be notified and required to appear ol
the first day of the term Of said court next
to be holden at Chelsea, in the county Of Or
amge, on the first Tuesday in June next. and
make answer to said petition by publishing
this order three weeks successfully in the
B ra.liord Opinion. u public newspaper print
ed ana published ut said Bradford. tho last Of
which publication shall be at least twenty
days before the commencement OF said term.
Given under my hard at Chelsea. in said
Orange County, this 2ist day OF April A. d.,
1871. ,,,