The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-10-24
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\ L N IN ANCEh1 DECEMbEh Ehh
L A. D. 1889.
STATE OF VERMONT,
Bennington County.
Celia Deming,
vs..
Austin E. Bartlett
Elizabeth Bartlett
William c. Bartlett,
| j. X. Batchelder,
| o. NJ. Barber,
Michael Kelley,
The Cumberland Bone Co.
Whereas, Celia Deming of Arlington. in the
| County of Bennington and State of Vermont has
filed In the office Of the Clerk of the Court Of
Chanceryi in the County of Bennington, her pc.
tition for foreclosure against Austin E. Bartlett
and Elizabeth Bartlett, his wife, James X. Batch
elder Orion NJ Barber. William C. Bartlett and
Michael Kelley, all Of Arlington aforesaid, and
existing under the laws of the State OF Maine, and
doing business in Portland, in the State OF Maine,
setting forth that Austin Il. Bartlett and Eliza
beth Bartlett, his wife, darlington, in the County
of Bennington and State Of Vermont on the third
day of April, A. ID. 1876 duly executed to Martin
II. Deming of Arlington, I'm the County of Ben
nington and State of Vermont, mortgage deed
Of certain lands situated in Arlington in the
County of Bennington, and described as follows
| in said mortgage
The first piece bounded on the north by lands
belonging to the estate Of S. Deming, deceased I;
on the east by the highway leading from Airing.
ton Stone Church to anHhester on the south
by lands of H. S. Hard lands of o. Garfield, lands
Of NJ. Norton, lands of John Morrissey and the
highway leading from Arlington Village to West
Arlington, and on the west by the Bartenkill Riv-
er, containing thirty-two acres of land, more or
| less
The second piece bounded on tho north by lands
OF William L. McAuley on the west by the high
way leading from Arlington Stone Church to Man.
chester and by lands Of A. d. Garfield on the
south by lands of A. d. Garfield and lands Of
| Fernando West on the east by the Branch, con.
| hundred Or
That said first piece Of land is now correctly de.
scribed substantially as follows
Bounded ON the north by lands of the estate Of
5. Deming, deceased on the east by the highway
leading from Arlington to Manchester on the
south by lands Of John Higgins, land of Clara c.
Bartlett, land of Orlando Garfield, land of Nal
colin Norton, land OF John Morrisey and the high.
way leading from Arlington Street to West Ar
lington. so called in said town Of Arlington and
| on the west by the Battenkill River, containing
thirty-two acres OF land, more or less.
| That said second piece is now correctly de
scribed substantially as follows
Bounded on the north by lands owned or occu.
pied by William L. McAuley and wife on the
east by the Roaring Branch on the south by
lands OF A. S. Garfield. Guardian, and Eliza West,
and land OF Frank N. Garfield and on the west
by the highway leading from Arlington to Man.
chester, Containing one hundred and thirty two
| acres Of land, more or less.
Said mortgage being conditioned for the pay
ment OF two thousand dollars, with interest an
nually, as specified in four promissory notes
signed by the said Austin E. Bartlett, payable to
the order of Martin H. Deming, each given for
the sum of five hundred dollars, with interest an
nually, one payable April LIST, 1873 another April
LIST, 1879, another April list, 1880. and the other
OF said notes, which is now justly due and owing
and has not been paid, except that part Of the
interest thereon has been paid.
And further setting forth that on the list day Of
April, A. ID. 1884, the said Austin Z. Bartlett and
Elizabeth Bartlett executed to the said Martin II.
Deming another and a second mortgage deed Of
the same two pieces of land herein before de.
scribed, and described In and covered by the first
mortgage deed hereinbefore mentioned, con
ditoned for the payment of five hundred dollars,
as expressed in certain promissory note signed
by said Austin Bartlett, payable to Martin H.
Deming or bearer on the first day of April, A. d.
1885, with interest annually, said note being dated
on SAID first day Of April A. d. 1884, which Is now
justly due and owing, and has not been paid, eI-
cept In part.
II That on the 10th day OF May, A. D. 1888, the
said Martin II. Deming duly sold. transferred, as
signed and made over to one Perley d. Moore,
then OF Cambridge, in the County OF Middessx
mortgage first hereinbefore mentioned and de-
acribed together with the notes secured thereby
And thai the said Martin H, Deming did also
on the - day Of -, A. ID. 1884. duly sell, as
sign, transfer and make over unto the said Perley
d. Moore, then in life, now deceased the said
second mortgage deed hereinbefore mentioned
together with the note secured thereby.
n That on the = day Of -, A. D. 18S-, the
said Perley d. Moore, then being the lawful own.
or and holder Of both the said mortgages and ali
the notes secured thereby, died testate at Cam.
That on the 18th day Of March, A. d. 1886 e. j.
; Moore, Nj II. Deming and Geo. B. Swazey, who
i had been made executors OF the will Of the said
Perley ID. Moore, and to whom commission 10
! act as such had been duly issued from the Court
Of Massachusetts, having jurisdiction in the prem.
! Uses, duly assigned. sold transferred and made
over to the petitioner both the two said mortgages
| and all the notes secured thereby, and that the
petitioner now lawfully owns and holds the same.
And further setting forth that james X. Batch
elder and Orion NJ. Barber, Of Arlington afore.
A said under their firm name OF Batchelder & Bar
! Der The Cumberland Bone Company, a corpor-
alton existing under the laws OF the State OF
' Maine, and doing business in Portland, in the
State Of Maine
William c. Bartlett, OF Arlington aforesaid, and
q Michael Kelley Of said Arlington, claim an inter
est In said premises hereinbefore described, a.
!. more fully set forth in said petition subsequent
a and subject to the two said mortgages now owned
+ and held by the petitioner.
= And praying that the equity OF redemption o.
A the said Austin e. Bartlett, Elizabeth Bartlett
4 berland Bone Company, William @. Bartlett and
Michael Kelley In the premises may be foreclosed
q agreeaby to the provisions Of law.
And IL appearing that the said defendant, The
4 Cumberland Bowe Company exists and has il,
4 place of business without this State, so that q
|, subpoena cannot be served upon IL,
1T Is THEREFORE ORDERED. That the said de
v PENDANT, The Cumberland Bone Company, be re
quired to appear in Court on the first day Of tn,
n next stated term Of said Court to be held at Ben
nington, within aud for the County Of Bennington
on the FIRST Tuesday Of December. A. d. 1889, an
2 make answer to said petitioner and that sal,
a petitioner shall cause this order TO be publishe,
u In the Bennington BANNER, a public newspape
n printed at Bennington Aforesaid, three week
n successfully the last OF which publications shal
a be at least twenty days previous 10 the com
q mencement Of the Aforesaid term OF Cour..
4 Dated at Bennington aforesaid this 22d day o
!, October. A. d. 1850.
q EDWARD J, HALL, Clerk
~ BATCHELDER & BARBER, Solicitors. 4Ot
of Children GPV for