The Middlebury register and Addison County journal. [volume] (Middlebury, Vt.) 1883-1885, 1883-10-12
CTATE OF VERMONT,

- Addison County, So.
George Z. Chapman Daniel c. Rust, Mary
Brigham, guardian OF Edmund ii. Garlick, and
Edmund ii. Garlck.
Whereas, Geo. O. Chapman of Middlebury, in
said county, has lied his petition to the court OF
chancery next 10 be held ut Middlebury, within
and for sad county, on the second Tuesday of
December. A. ID. 1883, against Daniel G. Rust OF
Muir city, Gallatin county, Territory of Montana,
Mary brigham, guardian OF Edmund Ii. Garlck
of Middlebury, aforesaid, and Edmund ii Gar.
lick OF RoN bury. Litchlleld county, State Of Con
necticut, setting forth that Henry +. Garlck and
Matilda NJ. Garllck, then OF Burke county OF
Franklin, State of New York, on the l2lh January,
1874. executed TO John W. Martin of said Mid.
dlcburv, Il mortgage deed OF certain land lying
in Middiebury aforesaid, and being house and
lot situated on the west side OF seymour street in
the village of Mddlebury, and being the same
premises conveyed to the said Matilda T.. by
the said Mary brigham, .ctober ~, 1873, with a
condition for the redemption of the same ON the
payment of certai note therein described
January -, 1877. said John W, assigned said
mortgage and note To J. Election; September g.
1853, said Cotton assigned said MORTGAGE and
note to petitioner, and that said note is past due
TNnd unpaid.
\And setting forth that fhe said Henry E., and
Matilda NJ, on the 4th day of March, 1874, con
yeyed from said mortgage premises to George 4
Garlick OF SAID RoNDury, a strip OF land, and on
the same day the said John W., quit claimed the
| sand strip ofland to the said Henry f., and Ma
uda NJ.
And setting forth that the said Henry E., and
Matilda NJ, on the 2sth day OF March 1874, con
veyed to Joseph Battell from said mortgag,
premises strip of land ten feet in width from of
| the north side.
And further setting forth that the said Matilda
| NJ, and Henry r., on the 9th day of August 1877
executed TO Albert A. Fletcher OF Bridport in said
Addison county, q mortgage deed of the same
| premises mortgage by them TO the said John W.
January II, 1874, with the exception of the said
| two strips of land conveyed as aforesaid on the
ith and 18th day of March, 1874, with a condition
| Tor the redemption of the same on the payment Of
| a certain note therein described.
And since the execution of said last mortgage
| said Fletcher has assigned said last mortgage
and ote To petitioner, and that SAID last note i.
past due and unpaid
And setting forth that said Matilda NJ, wife OF
| said Henry e., since the execution of said las
| mentioned mortgage has deceased, leaving q
| minor son, the said Edmund III E, now residing al
said Roxbury. That on the 29th day of March
| 1883, the said Mary Brigham was appointed
guardian by the Probate Court for the district OF
Addison, in said ADDISON county, of said Edmund
| IL.
And setting forth that the said Henry e., on
| the 9th day DecemberlSs2, quit claimed his in
| terst in said mOrtgaged premises to the said
Daniel q. Rust.
And praying that said defendants may be fore
closed of their equity OF redemption in said
premises,
1t appearing that said defendants, Daniel c.
Rust aud Edmund III. Garlick, are without this
State so that said petition cannot be served upon
/ them.
II is ordered that they be required to appear on
the first day of the next stated term of said court
To be holden at Middlebury. within and for said
county OF Addison. ON the second Tuesday OF
december, A. ID. 1883, then and there 10 answer
to said petition, and for that purpose sail petit
toner shall cause 10 he published the substance
of said petition and this order three weeks guc,
cessivcly IN the Middlebury Register, % public
newspaper published at Middebury afore aid
the last ofwhich publications to be at least TWEEN
| ty days prior 10 said term of said conrt.
Dated at Mddlebury, aforesaid, this 10th day
| OF october, A. ID. 1888.
RUFUS WAINWRIGHT, Clerk
l.. ID. ELDREDGE and }. NJ. SLADE, sollci
tors for petitioner. a