The Lamoille news. (Hyde Park, Vt.) 1877-1881, 1880-10-27
Petition for Foreclosure.
TATE OF VERMONT,
COUNTY.
n. b. PAGE,
In Chancery

rs.
WARNER SCOTT, AL In Chancery,
BERTG LEACI,SARAH
LOO Mrs. MARY
Cox, w. II. Girls. Dec. Term, A. d. 1880.
wOLD, AND RUFUS
DAVIS.
WHEREAS n. j. Page, of Watervillc, in the
county of LamOille, and state Of Vermont, has
filed in the Office of the clerk Of the Court Of Chan
Gerry in said Lamoille County, his Petition for
Foreclosure, therein setting forth, in substance,
that Albert q. Leach and wife then of Fletcher,
in Franklin County, on the 18th day of Oct. 1856
duly executed to Calvin Carpenter Il mortgage
deed Of certain land in said town of Fletcher
described as follows viz: One hundred sixteen
acres, more or less, being the same land and
premises decided to Calvin Carpenter and Albert
q. Leach jointly by Il. W. Bailey, Mar. IL, 1851,
more fully described in said Petition; said mort
gage deed conditioned for the payment of seven.
teen promissory notes, dated Oct. 10Th, 1866, signed
by Albert G.. Leach, payable to Calvin Carpenter
or bearer, one for $500 payable on the LIST day of
Mar, 1867, one for $lC0 on or before Oct lst. 1865,
with interest annually after Apr. list, 1867; the
other fifteen being for $l00each payable annually
thereafter on or before each succeeding list day OF
October with interest annually after Apr. LIST,
1867, until all are paid according to the tenor
thereof, which are now justly due and owing, and
have not been paid according to the effect of the
same. And further setting forth that the last ten
notes described in said mortgage, were for a
valuable consideration transferred and assigned
to the said y. B Page and he is the lawful bearer
and owner of the same; And the Petitioner further
sets forth that Albert G.. Leach and his wife
Celestial l.. Leach conveyed said premises to one
Rufus Davis on the 10th day of Sept, 1868, and on
the same day said Rufus Davis mortgaged said
premises to Albert G.. Leach to secure the pay.
ment Of the sum of 5000 specified i'll fifteen prom.
issory notes dated Sept. 10, 1868, signed by Rufus
Davis and made payable to Albert g.. Leach OF
bearer; And further setting forth that Albert &.
Leach and his wife, Celestia L.. Leach, conveyed
said premises to one Rufus Davis Sept. 10th, 1868,
and on the same day said Davis mortgaged said
premises to Albert G. Leach to secure the pay
ment of the said fifteen notes amounting to $2700,
said notes dated Sept. 10, 1868, signed by Rufus
Davis, payable to A. G. Leach or bearer; And
further setting forth that on the I'd day of Mar.
1871, ten of said notes were transferred to the
aforesaid Petitioner and Betsey W. Fletcher to-
gether with an assignment to them of all the
mortgage security; And the Petitioner further
fsays that he is the lawful bearer and owner of five
of said notes and that he is informed and believes
that W. Ii. GriswOld is now the owner and bearer
of three of the aforesaid notes amounting to the
sum of six hundred dollars and interest, said
notes being u part of the notes formerly owned by
the said Mrs. Fletcher, the other notes formerly
owned by said Mrs. Fletcher were duly paid and
eXtinguished by said Davis, the maker of the
same; The Petitioner further sets forth that one
Sarah Blood claims to own two of said notes and a
right to redeem said premises; And further set
ting forth that of the remaining 800 in mortgage
notes the sum of $3.50 are now owned by one Mrs,
Mary Cox who claims an INTEREST," in said premises
and the right to redeem the same; but said Peti.
toner insists that by virtue of said assignment OF
said mortgage that his interest in and lien upon
said premises are paramount to those of the said
Mrs. Cox and the parties holding the balance OF
the SAID 500 in mortgage notes secured by said
mortgage; The parties holding the balance of the
800 mortgage notes are unknown to said Peti.
toner; And further setting forth that in the
spring of 1879 said Davis decided said premises to
Warner Scott, formerly of Fletcher, but now OF
parts unknown and the said Scott has an interest
in the equity of redemption; Wherefore the Peti.
toner prays that the equity of redemption of the
said Warner Scott, w. IL. Griswold, Sarah Blood,
Mrs. Mary Cox, Albert G.. Leach and Rufus
Davis in the premises may be foreclosed agreea.
bic to the provisions of the 18th Section of Chap.
ter 10Th ofthe General Statutes, and that the Hon.
Court Of Chancery will make such other and fur.
Their orders and DEGREES in the premises as shall
appear just and reasonable; And il appearing
that the said Warner Scott resides without this
State so that the said petition cannot be served
upon him, it is therefore ordered: That the said
Warner Scott be notified of the tendency of said
petition by the publication of the foregoing sub.
stance of said petition and this order in the
LAMoILLE NEWS, a weekly newspaper published
successive weeks, the last of which said publica.
tons shall be at least twenty days previous to the
first day of the Court of Chancery, next to be
holden at Hyde Park, in and for said Lamoille
county, on the LIST Tuesday of Dec. A. ID. 1880, at
which said term of court, the said Warner Scott is
hereby notified TO appear and make answer to said
Petition of Foreclosure, and further TO stand to
and abide such order, directions, and decree there.
in rs 10 said Court shall seem meet.
Given under my hand, at Hyde Park, in said
county of Lamoille, this 2eth day of Oct AID. 1880.
w. ii. ii. KENFIELD, Clerk.
j w. PAGE, JR., Solicitor. ls5ws