Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1877-04-28
= ORANGE COUNTY. IN Chaneery,


Trust Company a corporation chartered by
act OF the Legislature. OF the State Of Yer
mont; nnd doing hiking business ut Brad.
ford. In said Orange County, has filed its bill
In the office Of the clerk Of the court Of chan
Gerry. III SAID county, setting forth In sub
That Nelson Il. Stevens and Matte s.
stevens, wife Of said Nelson y. then both Of
Boston, county Of Suffolk and Commonwealth
Of Mass. now of said bradford, on the third
day, Of July. A., D.. 1873 duly executed to the
said Bradford Savings bank and Trust Com.
pany mortgage deed Of certain and build.
ngs thereon IN said Bradford, known rs the
Trotter House, described IA follows: Being
the same premises and every part thereof
which were conveyed to said Nelson u. Stew
ems, on The 18Th day Of March, A.. d., 1870,
by Alexander McI.ano as Administrator Of
he estate Of John Finngan, late of said
Bradford, deceased, by his deed Of that date,
recorded In book u.s. pngcs 4i9 and 40 Of the
land records Of said Bradford. Reference to
he had to said deed or to the record thereof
for particular description of said y rcmiscs:
Conditioned for the payment to the said
Bradford Savings Bank and Trust Company
OF two certain notes in writing, bearing date
July 23d. a. d., 1875. for tho s,m of one thou
sand dollars each by the said Nelson d. Stew
ms. executed and made payable to +. i.
smith or bearer ON demand with interest an.
nually according to the tenor aud effect of
the SANE, and that the said Nelson Is. Stew
ems md wife keep the said properly sufici-
emily insured payable TO said mortgages in
case OF loss by fire. Which sum is now justly
Que and owing. and has not been paid accor
premises been kept insured. And afte rwnrds
to witt on the Nth day Of October. A. D.,
| 1878 the said Nelson i. Stevens executed II
deed OF warranty of said Trotter House
premises above described t. Charles N. Stew
ens, then ct Boston aforesaid. now of Brad
fN.,.t IL, Il flat
A. d., 1873. the said Charles N. Stevens exc
cuted to the said Matte \. Stevens mortgage
deed of said premises conditioned tor the pay
ment of three Thousand dollars. And on the
18th day Of August A. D., 1876. the said Mat
tie s. Stevens and Nelson Is. Stevens her hus-
band. assigned unto George jenkins and Phil
| Up 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 Tmlley assigned their interest in said
mortgage to Amos G. Bates of Rutland. in the
| county of Rutland and State of Vermont.
And on the LIST day of April A. d.. 1876 Proc.
per Merrill Of Woodstock, in the county OF
Windsor and State Of Vermont, brought his
suit against the said Nelson Is. Stevens and
Charles N. Stevens on note for five hundred
dollars given by the said Nelson b., and Chas.
N. ard 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
tenn Of the Windsor county coxrt for 1888 ~
u nd has taken out his execution and leavied
the same upon sud 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 aE,eeably to the provision of the IS
section of chapter 90 of the General Statutes.
And the petitioners also pray that the time of
redemption may be shortened.
And further showing, that prior to the ex
ecution of the deed of warranty by Nelson
b. Stevens to Charles N. Stevens on the l4th
day of October, A. D., 1875 said Trotter
Is. Stevens for the benefit of Harry Is. Stevens
the first mortgage $4,000 and your petition.
ers $4,000. Soon after said l4th day of October
to wit: On the 18th day Of November, 1873
the insurance policies were transferred to the
said Charles N Stevens still for the benefit of
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 stood
as above stated. The said Charles N. Stevens
was landlord of the house, and the said Mel
son B.. Matte s., assisted him up to the Goth
day of August, 1876 when the TrOtter House
was set on fire. Mrs. Matte $. Stevens was
arrested as the incendary and the testimony
was such that she was bound up in the sum
of seven thousand dollars. Prior to tins time
in May last the TrOtter House had been set
on fire while Mrs. Stevens was resident in it
and by many 1t was supposed that she set 1T
on fire Oh that occasion but there was moth
ing done about it. As soon as these facts
were communicated to the companies in
which the Trotter House was insured Of which
there We're three. notice was at once
given to their agents, Messrs. Stearns & Jones
that the policies would be cancelled it Mrs.
Stevens continued to reside in the Tretter
House. and the policies were &C accordingly can
celled upon Mrs. Stevens return to the rot
ter House after q temporary absence. And
since that time the premises have been with
out insurance as FAR as your petitioners know,
and it has been found impossible to get them
insured. Your petitioners and the mort
gagee Harry b. Stevens and Nelson Is. Stev-
ems have made strenuous efforts to get the
property insured and have not been able
they are met every whore by tho statement
that no company will insure the property as
long as Mrs. Stevens is at liberty to come to
the TrOtter House to reside or even to stop |
there. Your petitioners believe from what
they have heard in regard to the mat ter that |
Mrs. Stevens set the Trottcr House Oh fire on
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 TrOtter House.
and your petitioners believe that the insur
ance companies have good reason to believe
that the risk of fire In said premises Is great
ly increased by Mrs. Stevens presence there.
And further showing that should said build
lngs be burned they would loose their ontire
security or nearly the whole of it, as the land
without the buildings would no more than
pay the first mortgage to Harry i. Stevens.
And also showing that so long as the Trotter
House is open to Mrs. Stevens to go and come
md occupy as she chooses, they can get no
insurance for their benefit. and the parties re
fuse to give your petitioners any other securi-
ty or to pay the notes mentioned in said mort.
tgage. And tho said Charles N. Stevens il
he owner of said Trotter House, subject to
the mortgages and attachment, ia the land.
lord and is in the possession and the occupancy
Of injunction be issued directed to the said
Charles N. Stevens def. above named, enjoin.
ing and restraining bin from allowing or per.
hitting the said Matte s. Stevens, from en-
tering, remaining in, occupying or residing in
said TrOtter House.. or any part of the premi-
'es connected Herewith, until further order
If the Hon. Court.
And it appearing thar said Matte s. Stew.
ms resides without the State. SD that a sub.
,Gna cannot be served on her; it Is ordered
hat she be notified and required to appear on
. be holden at Chelsea. in the county of Or
nee, on the first Tuetday in June next. and
make answer to said petition by publishing \
his order three weeks successfully in the
Bradford Opinion u public newspaper print
d ana published ut said Bradford the last of
Which publication shall DO at least twenty
ays heipre the commencement of said term.
Given under my hand a. Chelsea, in said
orange County, this 2lst day of April, A. D.,
81.
40 L. G. HINCKLEY, Clerk.