The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-05-02
STATE OF VERMONT, BENNING'
- TON COUNTY,
IN CHANCERY, JUNE TERM. A. D. 1889.


Sylvester Deming,
Edwin X. Martin,
Simeon L. Martin and
Henry l.. Dudley
Whereas, Sylvester Deming Of New York, In
the County OF New York and State of New York,
has filed in the office OF the clerk OF the Court Of
Chanccry, in the County of Bennington, his peti.
ton for foreclosure against Edwin h. Martin and
Simeon 4. Martin of Salisbury in the County
of Bennington aforesaid and Henry l. Dudley Of
New London, in County Of New London and State
of Connecticut. setting forth that Edwin X. Mar
tin and Simeon l.. Martin, then OF Arlington,
now OF SALISBURY, in the County Of Bennington
and State of Vermont, on the third day Of April,
a. u. 1876, duly executed TO Martin ii. Deming
OF Arlington, in the County of Bennington and
State Of Vermont, mortgage deed of certain
lands situated in Arlington, in the County of Ben
nlngton aforesaid, and described as follows in
said mortgage.
"The first piece bounded on the north by lands
of Fernando West and the estate Of S. NJ. West,
deceased, and lands Of Phineas HuleIt, and lands
of Widow Hulett on the east by lands Of Widow
Hulett and lands Of Moses llulett, on the south
by Arlington south line, and on the west by lands
of William p Fowler, and contains one hundred
seventy.ive acres more or less. The second
piece is bounded on the north by lands formerly
owned by MyrOn and Byron Andrew, on the east
| by lands OF II. X. Webb and lands ofArtemus
| Elwell. on the south by lands of Peleg Matteson
Hiram Matteson and Eli Hale, and contains
ten acres of land, more or less, and is known as
the Governor Galusha Pitch
And the petitioner shows that said first piece
of land is now described substantially as follows:
bounded nOrtherly by lands of Lyman Hulet,
lands of Phineas HueC and lands Of Lucina HUI
let eastery, BY lands Of L1cina Hui let
south line Of the town Of Arlington and westerly
| by lands of Henry Stanley. And that said second
piece is now substantially described as follows
| bounded nOrtherly b. lands Of e. ii. and Eugene
Judson; easterly by lands of Newton Grant and
land of Sheldon Harrington; southerly by land Of
Pceg Matteson; and westerly by lands of George
Lane and land Of the estate Of Eli Hale. Said
mortgage being conditioned for the payment OF
fifteen hundred dollars with interest annually as
specified in three promissOry notes bearing date
| the Ord day April A. d. 1876, each signed by the
said Edwin r. Martin and Simeon Z. Martin, and
payable to the order of Martin ii. DemiDg, each
given for the sum Of FIVE l5OOl hundred dollars;
one payable April lst 1873, another April LIST 1879,
and the other April LIST, 1880, which is now
justly due and owing and has not been paid &C
cording to the effect Of the same and the petitioner
says there is now due on said notes the sum OF
two thousand and thirty-four dollars. The petit
toner further shows that on OF about the - day
OF January A. ID. 1883, the said Martin ii. DcmiDg
duly assigned and transferred to this petitioner
the said mortgage deeds and the said notes Sc
cured thereby, and the petitioner now is the law
full owner and holder thereof. The petitioner fur.
ther showeth tnat on the 3lst day OF August A. ID.
tin duly executed under their hand and seal and
delivered unto Henry J., Dudley Of New London,
in the County of New London and State of Con.
neCticut, mortgage deed Of all or a portion Of
the same premises described in the said mortgage
Of the petitioner and the said Henry l.. Dudley as
the petitioner " informed aud believes and there
fore ayers, now claims an interest under and by
virtue Of his said mortgage, In all or portion OF
the premises covered hy the petitioners mortRage
that l. subject and subsequent to the mortgage
owned, and held by this petitioner as aforesaid.
And the petitioner further shows that the said
premises covered by his said mortgage are worth
no more than the sum Of fifteen hundred dollars,
and so are Inadequate security for the amount
nov due on the same, and therefore praying that's
short decree OF foreclosure may be granted him In
the premises.
And praying that the equity Of redemption Of
the said Edwin X. NJ aTtin. simeon Il. Martin and
Henry l.. Dudley in the premises may be fore.
closed agreeably to law.
And il appearing that the said defendant Henry
l.. Dudly csdes and is without this State so that
a subpoena cannot be served upon him.
II n THEREFoRE ORDERED that The said defend
ant Henry l.. Dudley be required TO appear in
court on the first day OF the next stated term Of
said court, to be held at Manchester within and
for the County OF Bennington on the first Tues
day of June A. d. 1882 and make answer 10 said
petitioner, And that said petitioner shall cause
this order TO be- published in the Bennington Ban
NER, public newspaper printed at Bennington
aforesaid, three weeks successfully, the last Of
which publications shall he at least twenty days
previous to the commencement OF the Aforesaid
term Of court. Dated at Bennington Aforesaid,
this 2ith lay n April A D. lssg.
EDWARD J. HALL, Clerk.
BATCllEDER & BARBER, Solicitors.