The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-10-25

then and still Sherif Of the County Of Rutland, in
the State OF Vermont, with directions to him, as
such Sheriff, to sell said personal property so
described In said chattel mortgage, at public auc-
ton, in accordance with Ire law OF this State
lating to the foreclosure Of chattel mortgages on
personal property and apply the proceeds thereof
on said four notes so given by your orator as
aforesaid.
That said Peabody, as such Sheriff pursuant to
said order and direction Of said T.. III. Ferry, ad-
yertised said property under said mortgage to be
sold at public auction TO the highest bidder,
That he has from time TO time adjourned said
sale, aud the same now stands adjourned until
the 10Th day Of August, A, b. 1881 and threatens,
and the said C. IL. Ferry, Grannis and said bank
threaten TO sell said properly under said mort
gage atpublic auction to the highest bidder, pur
suant 10 said adjournment on said 10th day Of
August, A. ID. 1885,, and take said property from
your orator and out OF his possession and control.
and your orator fears they will do so, unless res
trained by this Honorable Court.
That by the terms Of said mortgage Of said real
estate 50 given by your orator to the said Charles
Ii Ferry 10 secure said notes OF your orator, the
machinery covered by said chattel mortgage was
also included In said mortgage Of the real estate
under and by the following description
Together with any and all machinery and
tools attached to or used in or about any and
all buildings or shops upon said described prem
Uses, and the railroad sidings, switches aud
tracks upon said premises"
And that the said bank at the December term.
A. ID. 1886, of the Court Of Chancery, in and for
lllt NouhAl VI htnulusNphs DEpuknNlth foreclosure
suit on said mortgage against your orator, In the
name Of said Grannis, 70 foreclose the same, and
seeks by It's petition to obtain decree Of fore
closure against your orator, not only as to the
real estate but also as to the personol property.
That your orator has filed his answer to said
petition, setting up rs defen'e thereto substan
TALLY the material facts in this bill set forth, and
said suit Is still pending, and all the rights and
equities ofthe parties can and should be settled
and determined In said suit, and since the said
bank has chosen its own mode of procedure In
foreclosing AS TO this personal property Il should
not now be allowed 10 harass your your orator
by its proceedings under its chattel mortgage
thereby Increasing expense, burdening your ora
tor and causing a multiplicity Of suits.
That the said two suits at law, the said attempt.
ed foreclosure Of the real estate mortgage aud
said attempted foreclosure aud sale under said
chadel mortgage on behalf OF said William O. ID.
Granns, Is realty on behalf and at the
OF said Charles ii Ferry, and that said urannis or
said Bank have no real interest therein.
Upon information aud belief, that before the
said Grannis would consent to the use OF his
name In the bringing said suits at law, aud said
foreclosures he required bond to indemnify
him against AL damages on account thereof and
that said Charles ii. Ferry gave 10 the said
Grannis such bond on or about the 2sth day Of
October, A. d 1886, rec,tug that sand Charles II.
Ferry was DESTROYS that said proceedings should
be taken TO fOreclose said mortgages and bring
said suits at law, and therefore gave said bond 70
will appear II said defendants will produce said
bond. And that said Union National bank gave
no such bond whatever to said Grannls.
That the most valuable part Of said property