The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-05-09
STATE OF VERMONT, BENNING.
y TON COUNTY,
IN CHANCERY, JUNE TERN, A. D. 1889.

IN CHANCERY, JUNE TERN, A. d. 1889.
Sylvester Deming,
Edwin r. Martin,
Simeon Z, 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
Chancery, in the County Of Bennington, his peti-
ton for foreclosure against Edwin r. Martin and
Simeon 4. Martin Of salisbury, in the County
of Bennington aforesaid, and Henry L Dudley OF
New London, in County ofNew London and State
of Connecticut, setting forth that Edwin r. Mar
tin and Simeon +. Martin, then Of Arlington,
now OF SALISBURY in the County of Bennington
and State of Vermont, on the third day OF April
A. ID. 1876, duly executed 10 Martin ii. DemiDg
OF Arlington, in the County of Bennington and
State of Vermont, a 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 Huett, and lands
of Widow Hulett, on the east by lands of Widow
Hulett and lands Of Moses Hulett, on the south
by Arlington south line, and on the west by lands
Of William P Fowler, and contains one hundred
seventy.hve 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 IL. X. Webb and lands Of Artemus
Elwell, on the south by lands Of Peleg Mstteson
and Hiram Matteson, and on the west by lands of
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 HuleC and lands of Lucina HUI.
let; oasterly by lands of Lucina Hulett
and lands of Moses Hulett; southerly by the
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 G.. IL. and Eugene
Judson; easterly by lands of Newton Grant and
land Of Sheldon Harrington; southery by land of
Peleg MattesOni 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 promssory notes bearing date
the 3rd day April A. d. 1876 each signed by the
said Edwin r. Martin and Simeon E. Martin, and
payable to the order of Martin ii. Deming, each
given for the sum Of five 900 hundred dollars
payable April LIST 1875 another April Isl, 1879,
and the other April list, 1880, which is now
Justly due and owing and has not been paid &C
cordng 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 peti.
toner further shows that on or about the - day
Of January A. d. 1883, the said Martin II. DcmiDR
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.
Their showeth tnat on the 3lst day Of August A. d.
1887, the said Edwin r. Martin and Simeon Z. Mar
tin duly executed under their hand and seal and
delivered unto Henry l., 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 is informed and 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 by the petitioners mortgage
that is 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
short decree OF foreclosure may be granted him in
the premises.
And praying that the equity of redemption Of
the said Edwin X. Martin, simeon E, Martin and
Henry l.. Dudley in the premises may be fore.
closed agreeably to law.
And it appearing that the said defendant Henry
l.. Dudy Iesides and is without this State that
n subpoena cannot be served upon him.
IT Is 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 ut Manchester within and
for the County Of Bennington on the first Tues.
day of June A. D. 1889, and make answer to said
petitioner, And that said petitioner shall cause
this order to be published in the Bennington BIAS.
SER, public newspaper printed at Bennington
Aforesaid, three weeks successfully, the last OF
which publications shall be at least twenty days
previous to the commencement Of the Aforesaid
term Of court. Dated at Bennington aforesaid
this Gath day Of April A ID. 1889.
EDWARD J. HALL, Clerk.
BATClIEDER & BARBER, Solicitors.