The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-10-31
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TN CHANCERY, DECEMBER TERN
l. A. d. 1859
STATE OF VERMONT,
Bennington
Daniel T. Bates, Administrator,

n A. ~. lOCO
STATE OF VERMONT,
Bennington
Daniel I. Bates, Administrator,
Mary A. s. Darling,
Mary A. Darling,
Ginery p. Darling
Whereas, Daniel T. Bates, Administrator of
the goods chattes and estate OF Orrin Bates, late
Of Pownal in said County of Bennington, deceas-
ed intestate, has fled in the office Of the Clerk of
the Court of Chancery in the County of Benning-
ton his petition for foreclosure against Mary A.
S, Darling, Mary A. Darling and Ginery p, OAR
ling of Clifton in the County Of Fairfax and State
of Virginia setting forth
That Mary A. 5. Darling, Mary A. Darling and
Ginery p Darling of Clifton in the County of
Fairfax and State Of Virginia. on the third day Of
April A. d. 1876, duly executed and the same
acknowledged on the twenty'sixth day OF April,
A. b. 1876, to Orln Bates of Pownal in the County
of Bennington aud State OF Vermont, q mortgage
deed of certain lands situated in Pownal aforesaid
described as follows in raid mortgage deed:
One equal seventh part Of the following de.
scribed real estate, beginning at a stake and
stones on the south side of tie highway near the
Dugway Hole, so called, thence south % degrees
west and thence south 30 and one-half degrees
west lSg rods, in the Hoosick River, to Massachu
sets state line, thence eastwardly on the mort h
line Ware farm, so called, TO 5. Foods land,
thence northwardly on the line OF lands of 5
Rood to the Highway, thence eastwardly to lands
formerly owned by the late John Rood, thence
nOftl 10 CORNER OF laIus Oh sdlu hDOu, thence
| northerly on the line Of lands of said Rood to
corner of land Of Joseph Thompson, thence west
erly tie line of lands of the late Pny Wright to
| the corner of lands formerly owned by Josiah
Bates, thence westerly on said Bates line to the
| highway, thence mortherly on the southwest line
| OF the highway to the place of beginning, con
tanning 200 acres Of land be the same more less
| Conditioned for the payment OF two hundred and
eighty dollars as specified in a certain promis.
sorry note bearing date the seventeenth day of
| April, A. d. 1876, made by said Mary A. S. BAR
ling for said sum of Two hundred and eighty dol
| lars and payable to said Orrn Bates, or bearer,
three years from date with interest annually al
the rate specified in said note, at the National
Bank of North Adams Massachusetts, accoi ding
i 70 the tenor and effect of said note aud further
conditioned for the payment Of all disbursements,
costs and charges the said Orrin Bates might in.
cur in the behalf of the said mortgages in cosing
up and selling the interests Of sail mortgages in
the estate OF samuel Smith late OF Williamstown,
| Massachusetts, deceased
| And further setting forth that the said Mary A
S, Darling, Mary A Darling and Ginery L. Oar
| ling and Samuel s. Darling then of Clifton afore
SAID on the 2Oth day of March A. d, 1871 duly ex.
| Ccuted and the same acknowledged ON the TWEEN
Ity.eighth day of March A. ID. 1877 a second mort
| gage deed OF said premises conditioned for the
| payment OF the sum OF two hundred dollars AS
i specified in certain prOmissory note bearing
date the w entieth day of March A, ID. 1877 made
| by said Mary A. 5. Darling for said sum of two
| hundred dollars and payable to the said Orrln
Bates or bearer two years after date with interest
annually at the rate specified in said note a. the
| National Bank at North Adams, Massachusetts,
| and that both of said notes so executed and Sc
| cured as aforesaid together with large amount
| of interest thereon are now justly due and owing
| and have not been paid according to the tenor
and effect Of the same.
And further setting forth that at the December
Term, A. D. 1871, of Bennington County court
the petition of said Mary A. 5, Darling, Mary A.
| Darling, Ginery 2. Darling and Samuel >. Oar.
| ling was filed directed against Thomas III. Hail,
Safn Hall and Harrat A Hail fht.V
being the owners Of the remaining siN-sevenths
parts of said premises, praying that partition
might be made of the same and such proceedings
were had ut said December Term, A. ID. 1871 that
Commissioners were appointed to make partition
thereof according to the prayer of said petition
and agreeaby to the statute IN such case made
ana provided.
That the Commissioners so appointed TO make
partition Of said premises having duly qualified
and notified the parties to said partition did on the
first day of June, A ID. 1873, make partition there
of by dividing and setting out to SAID petitioners
Mary A. S. Darling, Mary A, Darling. Ginery r.
Darling and Samuel S. Darling as tenants in com
mon as their just share thereof the following de-
scribed parcels of land, being one seventh in value
Of the premises herein before described and set
forth in said petition, VIZ Beginning at the In
Lerseciion OF the west line of the highway leading
from Pownal to Williamstown, with the HOosac
River near the "dug way" so called, and at the
northwest corner OF the inteTvale part OF said
Rouse meadow iaIm, thence along said river south
one half degree west, 10 rods; thence south 46
degrees west, IS rods to the railroad cast line /;
thence along the east line OF said railroad south
twenty-four and one-half degrees east, IA and one
half rods TO stake thence east four and one-half
degrees north "a rods to stake standing In the
west line of the highway; thence northerly and
westerly along said highway to the place of be-
ginning containing five acres OF land; Also, an;
other piece of land, on the opposite side Of said
highway, bounded as fOllows Beginning at the
north west corner of that portion of the Rouse
meadow farm lying east of said highway; thence
on the east line of lands owned by Thomas II.
Hall Commonly called the Turner place. south
Is degrees west, about "a rods to the highway;
thence on said highway south degrees west 70
rods 10 point opposite butternut tree standing
on the west side of said highway; thence east nine
and one-half degrees south 10 rods TO large elm
tree; thence east twenty-five and one half degrees
south 80 rods to a small poplar tree, marked,
standing south twenty six and one-half degrees
east rods from the head of spring of water;
thence north ii degrees west on line running
east of the head of said spring about 81 rods to
point on the north line of said Rouse meadow
farm ~ degrees east of the northwest corner
thereoii thence west IL degrees north on
said north line 80 rods to the place of beginning,
containing twenty-five and one half acres of land
more or less.
And said commissioners making report of their
doings to the June term, A. d. 1878, of said Ben
nington County Court, the same was accepted and
a copy thereof with the commission directed to
said commissioners duly recorded in the land rec
ords OF said town of Pownal on the twenty fifth day
And further setting forth that at Pownal afore.
SAID on the ninth day of November A. d. 1855 the
said Orrin Bates, deceased intestate and the pc
tiuoner, the said Daniel T,Bates, was by the Hon.
orable Probate Court within and for the District
OF Bennington on the twentieth day of November
A. ID. 1855 duly appointed Administrator of the
goods, chattes and estate Of said Orrin Bates and
as such administrator is the owner and holder Of
said two mortgages herein before described and
Of the notes secured thereby; and that the said
Samuel $ Darling deceased at Hamilton in the
State Of Ohio in the early part Of 1855.
And praying that the equity of redemption of
said Mary A, s. Darling, Mary A, Darling and
Ginery Z. Darling in the premises may be fore
Ilosed agreeably to the provisions of law.
And II appearing that the said defendants, Mary
5 Darling Mary A. Darling and Ginery Il.
Darling reside and are without this State so that
! subpoena cannot be served upon them,
1T Is THEREFORE, ORDERED, that the said de- |
endants, Mary A. $. Daring Mary A. Darling |
and Gnery Z, Darling be required to appear IN |
Court on the first day Of the next stated Term of
'ad Court to be held at Bennington within and for
he County of bennington on the first Teusday OF |
December, A. ID 1889 and make answer to said |
petitioner And that said petitioner shall cause |
his order TO be published In the Bennington BAN |
GER, public newspaper printed at Benning- |
on aforesaid three weeks successfully, the las, |
u which publications shall be at least twenty DAYS
previous TO the commence lent Of the aforesaid |
ERIN OF Court.
Dated at Bennington aforesaid this Gath day of |
october, A. ID. 1889
- EDWARD j. HALL, Clerk.
BATCHEI DER & BATES, Solicitors.