Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-05-04
legal Notices.
CSTATE VERMONT, windham County
- In Chancery.-Septcmbor Term, 1888.
ALEXANDER N. HIGGINS, Ex'r, Wy. LOUISA A.

STATE OFVERMONT, windham County.
- In Chancery.-s September Term, 1888.
ALEXANDER NJ HIGGINS, Ex'r, w. LOUISA A.
HAMMOND AND OTHERS.
Whereas Alexander NJ. Higgins Of somervillc, in
the County Of Mddlcsex aud state Of Massachusetts,,
executor Of the last will and testament Of Paine s.
Higgins, late OF somcryile In the County of Middle
sex aforcsaid deceased, filed In the once Of the clerk
Of the court Of chanccry for the county Of Wiudhum
aforesaid, MS petition for foreclosure against Louisa
a. Hammond Of Ripon, IN the County Of Fond du Lac
aud state of Wisconsin, Sarah Hammond, William A.
Hammond, Frank Hammond, Josephine Giles, George
Giles husband Of the said Josophinc Lewis Auden-
riod aud Addison Child, Of Boston, in the County Of
Sufok aud state Of Massachusetts,, rCtufnabe at the
september Term Of the court Of chlnccry next TO be
holden at Nowiane, within and for said Wiudham
county, on the second Tuesday of September. A. d.
1888, setting forth in substance that ARENAS Ham
mond aud william Hammond Of Boston, in the county
OF SUFFOLK and state Of Massachusetts,, on the 3st day
Of March, A. d. 1851, duly executed to Joel Hammond
aud Sena Hammond, wife Of the said joel Of Wards
boro, in the County Of Windham and State Of YER
mont mortgage decd Of certain lands situate lying
aud being 10 Wardshorn Aforesaid then bounded aud
described as follows viz: west by lands Of Nelson
Ingram south by lauds of oliver Parkhurst. east 10y
lands Oh chandler Plimlton, and north by lands Of
said Chandler pmpton, It being the lands on which
the said Joel Hammond lives containing $50 acres be
the same more or less with all the buildings thereon
conditioned for the support and maintenance of the
said Joel Hammond and SCua Hammond, the sur
vivor Of them, during the full term of their natural
lives, aud the performance of certain other covenants
promises and agreements the part Of the said Arte
mas and william Hammond, their heirs, executors,
mortgage contained, aud s fully and at length set
forth in said petition.
Aud further setting forth that the said Joel Ham
mond has deceased, but that the said Sena Hammond
Is st living; and that the said PROMISES covenants
and agreements In the condition mentioned in the
mortgage Aforesaid have not been kept, fulfilled and
performed according to the tenor and effect thereof
by the said Artemas and William Hammond, their
heirs executors administrators aud assigns but on
the contrary thereof they and each Of them have
wholly neglected and refused to keep fulfil and per-
form the same and still neglect and refuse 40 to do
nptftiuurF IL
holder and owner Of said mortgage, the having
been duly assigned to him, executor aforesaid by
tue said Sena Hammond, for valuable consideration
to her paid and secured by said petitioner since the
preach OF the covenant mentioned in the condition
thereof End that he now holds the same in behalf aud
gins deceased.
That William Hammond aforesaid conveyed by deed
on or about Nov 49, 1906 all his right title and nte-
rest in the Aforesaid premises to George E. Hammond
OF Wardsboro aforesaid that the said George L. Ham
mond died intestate at said WardsborO or about
Feb. 20, A, d. 1871, claiming to be well seized and
possessed Of said premises. That letters Of admins
tration duly granted and issued upon his said
estate by the probate court for the district Of Marlbo
70, and that by virtue Of license from said probate
court to sell the real estate whereof the said George
l.. Hammond died seized and possessed, and through
and by such sale and conveyance duly made executed
and recorded, by virtue Of decree order Of
said probate court, Louisa A. Hammond widow Of
said George T. Hammond, subsequently, and prior to
the 22d day Of April, A. d. 1872 became possessed of
SAID premises, and claimed to be the owner thereof
aud well seized Of the same in fee simpe that the
SAID Louisa A. Hammond, then Of Wardsboro afore-
said but now Of Ripon in the county Of Fond du Lac
and state Of Wisconsin, the 22d day of April A. D.
1872, duly executed to said Paine s. Higgins then Of
SOmcrvile IN the county of Mddlese1 aforesaid, but
deceased, a mortgage deed of the same premises
hereinbeiore mentioned and described, and further
described as containing 1873 of land, be the
more or less, and being the home farm belonging to
Geo. I. Hammond, late OF said Wardsboro, deceased
and meaning thereby to convey to said Higgins ali
the same premises decided by Joel Hammond and
wife to ARENAS and William Hammond March 18th,
ISL said deed being recorded in Book TO- page 81, OF
the land records Of said Wardsboro, conditioned for
the payment Of the certain promssory note of the
SAD Louisa A. Hammond for the sum Of $1,000, dated
at Wardsboro aforesaid April 90 1872 and made pay
able to said Paine S. Higgins or bearer, demand
with interest aDuuay-which said note is now Justly
due ana owing to the said estate of said Paine s. Hg
gins and has not been paid according to the effect Of
the same.
Aud further setting forth that the said ARENAS Hig-
gins is now deceased, and that he left surviving him
wdow-to wit: Sarah Hammond-and three chill
dren, all Of full age-tO wit: William A. Hammond,
Frank Hammond and Josephine Giles lthe wife OF
George Glesall residing in Boston, in the county Of
5uuoIk ana state OF Massachusetts as your petitioner
Is informed and believes, who claim to have some sort
OF Interest IN said described premises, but Of the
ture thereof the petitioner is uniformed.
And further setting forth that Lewis Audenried and
Addison Child Of Boston, IN the county Of Suffolk
Aforesaid former copartners in business under the
hrm name of Lewis Audenried & Co claim TO have
some Bind or sort Of interest in said mortgaged prem
ises' by virtue Of levy pretended levy OF
cution issued upon judgment obtained by them
against the said ARENAS Hammond doing business
under the firm name Of A. Hammond Co., and at
some time levied upon said described premises but
tue tAaNt OF they claim
ycrI De- l;il1lr j. not advised.
Aud praying that the said Sarah Hammond, William
A. Hammond Frank Hammond, Josephine Giles, Geo.
Giles husband Of said Josephine) Lewis Audenried
ald Addison Child may disclose by answer or other
WISE to your Iurabe Court, what their said inter-
est II any, is and the extent thereof; and further
praSiug that the equity Of redemption Of the said
LOUISA A. Hammond, Sarah Hal. -lond, William A.
Hammond Frank Hammond, osCphine Giles, George
Giles husband Of said Josephne), Lewis Audenried
aud Addison Child in the premises may be forecosed
agreeably to law.
And i-beng made to appear that the said defend
ants Louisa A. Hammond, Sarah Hammond, William
A. Hammond Frank Hammond Josephine Giles, Geo.
Giles, Lewis Audenried and Addison Child, reside
without the state Of Vermont, that the ordinary
process of this court cannot be served upon them,
Is htrGorc ordered that the said petitioner notify the
aforesaid named defendants Of the tendency of his
said petition, and the term Of court to which the
is made returnable by publishing in The VERMONT
PHOENIX, newspaper printed at Bratteboro, in the
County Of Windtam aforesaid, the substance of his
said petition together with this order for three weeks
successiyey the last publication to be at least 20 days
previous to the second Tuesday Of September, A. d.
1888 that being the first day Of the of to
which the same is made returnable; which said publ
cation shall be deemed sufficient notice to the said de-
PENDANTS to appear and make answer thereto, If they
shall see fit.
Given under my hand at Brattleboro, in the county
Of Windham aforesaid, the LIST day of May, 1888.
ROYALL TYLER, CLERK.
Haskins & StOddard, Solicitors for Petitioner. Is