The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-05-02

That your orator has frequently and in friend.
ly way requested the said james ii. Fitzgerald to
remove his said fence from said private way and
from said passage way, but the SAID James IL.
Fitzgerald has ever refused and neglected, and
still doth refuse and neglect so to do, and further
threatens to continue hereafter as heretofore TO
obstruct and exclude your crater from the proper
and necessary use of said private way and said
passage way until restrained therefrom by prop
er process from your Honorable Court, or some
other court of competent Jurisdiction;
That the said Margaret Jones claims that the
said parcel of land owned and occupied by her as
aforesaid, IL bounded on the east by said private
way as survey ed by Edward Rice and in the ex-
ercise of such claim has for the most part for
| more than eight years last past and still does
maintain fence as she claims upon the east line
of her land. projecting about eight feet into said
passage way and greatly Obstructing and prevent
| ing your orator and the occupants Of said lands
| lying to the north from passing and repassing
| over said passage way; and that your orator has
| frequently and In friendly way requested the
] said Margaret Jones to remove her said fence TO
| the end that he might have free, uninterrupted
and unobstructed access to his said lands lying to
| the north, over said passage way, but she has
| neglected and refused and still neglects and re.
fuses to do, and threatens to continue TO main
| tain her said fence in said passage way;
That the said Patrick MoIrissey in his lifetime
and since his deccasc his widow, heirs at law and
| administrator aforesaid have continuously for
more than ten years last past, and still continue
| to obstruct said passage way with fences, wood,
| ullIOdu lltS Il NOOu Sltu, UDR pen ana nOB yATu
| so as TO greatly obstruct and hinder your orator
| and other persons owning and occupying said
| lands to the north from passing and repassing
over said passage way, and have claimed and
now claim to own the fee of the land of said pas
| sage way from the west to the centre line there
Of, lying east of the said Morrissey lands, and
that your orator has frequently and in a friendly
way requested the said Patrick Morrissey in his
lifetime and his widow and heirs aforesaid and
administrator aforesaid occupying said lands
since his dcccase TO remove said distractions and
desist from further Obsructing said passage way,
but they have neglected and refused and still
neglect and refuse so to do, and threaten to con.
tinue to obstruct and occupy said passage way
hereafter as heretofore, claiming the right so to
do, so as to deprive your orator the owners and
occupants of other lands lying to the north a,
aforesaid, from the reasonable and beneficial use
of said passage way;
That your orator has the color of title and
claims to own the fee in the lands covered by SAID
private way as surveyed by Edward Rice and also
covered by SAID passage way upon, contiguous
and adjacent to the same, but your orators title
is disputed by the said james II. Fitzgerald the
said Margaret Jones. and the widow, heirs and
administrator Of said MOrrissey and the said Ed
ward Fitzgerald;
That for considerable time but how long
your orator has no means of knowing, after SAID
entire tract was divided into parcels and conveyed
by said Pruyn to different grantees, the land in
cluded in said survey of said right OF way and in
clnded in said passage way and contiguous and
adjacent to each, was used promsCuously and
r. without special limitation by the owners and oc
cupants of such parcels until from time 10 tint
the owners and occupants of said lands lyinl
south of your orators lands, by the erection o.
i fences buildings and other structures, confined
and restricted the travel 10 the limits of sait
passage way, and your orator and other owner,
. and occupants have been compelled to use thu
same as their only means of ingress and egress Il
, and from said lands lying to the north, but you
orator AYERS that such user Of such passage way
has not ripened into an abandonment of said pri
vate way insomuch as said passage way, deviate
. tlprptrOm and l0DDtiOn of said
in lieu thereof
That the defendants James Powers and Thorn
as Powers are minors under twenty-One years o
age;
That the defendants Nora Powers and Nellit
Powers are minors under eighteen years ofage;
That the defendants Phillip Harvey and Ed
ward MOrrissey reside without this State bu
, where your orator has no means of knowing o.
aScertaning:
That the defendants Nellie McCurney and Pat
rick McCurney, Margaret Barnes and Patricl
Barnes reside without this State at HOOsick Fall
in the State of New York;
That the defendant Edmund c. Houghton hai
been duly appointed by the Propate Court of tn,
District Of Bennington, administrator OF the es
tate of said Patrick Morrissey deceased, and i
duly qualified to act as such,
That the Defendant James IL. Fitzgerald occu
pies and claims to own in fee simple absolute
the Lands lying between the east line of said pri
yate way surveyed by Edward Rice and hi
fence westerly thereof, maintained as aforesaid
That the defendant Edward Fitzgerald resides
without this State at Troy, in the State of New
York.
To the end therefore that the said james II
Fitzgerald, Frank Thompson, Margaret Morrssey
Edward MOrrssey, Nellie McCurney, Patricl
McIuTney Mary Mack, Michael Mack, MRrgare
Barnes, Patrick Barnes, Edmund G. Houghton
Edward Fitzgerald, Margaret Jones, Luther Irish
Henry Stockwell, Helen Harvey, Philip Harvey
Johanna Harvey, Bridget Harvey, Mary Harvey
James Powers, Thomas Powers, Nellie Powers
and Nora Powers and their confederates when
discovered may, upon their several and respec-
tive corporal OalhS, TO the best and utmost OF
their respective knowledge, remembrance, infor
nation and belief full. true, direct and perfect
answer make 10 all and singular the matters
afore said and that AS fully and particularly as II
the same were here repeated aud they and every
of them distinctly Intercepted theretO
And praying that your Honorable Court, the
premises considered, will enquire into, determine
and declare the rights of your orator and of all the
defendants in and unto free, uninterrupted and
unobstructed right OF way for fOOtmen, domestic
animals teams and vehicles of all KINDS, loaded
or unloaded, to pass and repass in, upon and over
said private way surveyed by Edward Rice
and said passage way, from said James H. Fitz
gerald's north line TO said highway, and the
boundaries within which such right of way may
be exercised and enjoyed;
And that the defendants James II, Fitzgerald,
Margaret MOrrssey, Edward Morrissey, Nellie
McLurney, Patrick McCurney, Mary Mack
Michael Mack Margaret Barnes, Patrick Barnes,
Edmund C. llouE hton and Margaret Jones each
and every OF them be eni lined ami restrained
from in amy wise interruptlng obsiructing said
right of way rs the same shall be determined ami
declared by your Honorable Court; and for such
other ana further relief as to equity and good
conscience apleitains;
And also praying Your Honor to grant unto
your orator a writ of subpoena to be directed to
the said James IL, Fitzgerald, Frank Thompson,
Margaret MorrSsey, Edward Morrissey, Nellie
McCurney, Patrick McCurney Mary Mack.
Michael Mack, Margaret Barnes, Patrick Barnes,
Edmund {. Houghton, Edward Fitzgerald, Mar
garet Jones' Luther Irish, Henry Stockwell,
Helen Harvey, Philip Harvey, Johanna Harvey,
Bridget Harvey, Mary Harvey, James Powers an
infant, Thomas Powers an infant Nellie Powers
an infant and Nora Powers an infant, thereby
| commanding them and each of them at a certain
| time and under certain penalty therein to he
| limited. personally to appear before said Honor
able Court and then and there full, true, direct
and perfect answer make to all aud singular the
premises, and further to stand to, perform aud
abide such further ORDER direction and de cree
therein as to this Honorable Court shall seem
meet;
Whereupon it appearing that the defendants
Philip Harvey, Edward Morrissey, Nellie McCur.
ney, Patrick McCurney, Margaret Barnes Pat.
rick Barnes and Edward Fitzgerald reside with
out this State so that Subpoena cannot be served
on them it is hereby ordered that they, the said
| Philip Harvey, Edward Morrissey. Nellie McCur.
ney, Patrick McCurney. Margaret Barnes Patrick
Barnes and Edward Fitzgerald shall appear on
the first day OF the next stated term of said Court
of Chancery TO be holden at Manchester in and
| for said County Of Bennington, on the first Tues
day of June A. ID. 1889, and make answer to such
bill OF Complaint; and IL is further ordered that
the said complainant shall cause this order to be
published in the Bennington BANNER, a news.
paper printed at Bennington in said County
three weeks successfully, the last of which pub
LEGATION shall be at least twenty days previous to
the commencement of such term OF Court.
Done at Bennington aforesaid this 25th day of
April, A. ID. 1889.
EDWARD J. HALL. Clerk
W. B. SHELDON Solicitor.