The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-10-31
TN CHANCERY, DECEMBER TERN
ID 1880

TN CHANCERY, DECEMBER TERN
l. A D. 1889.
STATE OF VERMONT,
Bennington County. %
Celia Deming,
VS..
Austin r.. Bartlett.
Elizabeth Bartlett
William 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
Chancery in the County of Bennington, her ne
tition Tor foreclosure against Austin Z. Bartlett
and Elizabeth Bartlett, his wife, James K Batch
elder, Orion NJ Barber. William c. BARTLETT and
Michael Kelley, all Of Arlington aforesaid. and
The Cumberland Bone Company, a corporation
existing under the laws of the State ofMaine, and
doing business in Portland, in the State of Maine,
setting forth that Austin f. Bartlett and Eliza
beth Bartlett, his wife, darlington in the County
OF Bennington and State Of Vermont, on the third
day of April, A. d. 1876 duly executed to Martin
II. Deming Of Arlington In the County Of Ben
ningtOn and State of Vermont, a mortgage deed
Of certain lands situated in Arlington, in the
in said mortgage
The first piece bounded on the north by lap1
belonging to the estate of 5 Daming deceased
on the east by the highway leading from Arling-
ton Stone Church to Man hester on the south
by lands of II. 5. Hard, lands Of o. CanheldIan ds
of NJ. Norton, lands Of John Morrissey and the
highway leading from Arlington Nillageto West
Arlington, and on the west by the Baitenkill 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 ana 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-
tanning one hundred acres Of land more or less
That said first piece Of land Is now correctly de-
scribed substantially as follows
Bounded on the north by lands Of the estate Of
Defining, dec ased 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 Canfeld 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 Battenkil River, containing
thirty-two acres Of land, mure or less.
That said second piece is now correctly de
scribed substantially a. follows
Bounded on the north by lands owned or occu.
pied by William l. AlcAuley and wife on the
east by the Roaring Branch on the south BY
lands Of a. 5. Canheld. Guardian, and Eliza West,
and land of Frank n. Garfield and on the west
by the highway leadingfro 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 Bartlett payable to
the order OF Martin II, Deming each given for
the sum of five hundred dollars with interest an.
nualy. one payable April 1st, 1873 another April
LIST, 1873, another April LIST, 1850. and the other
April lst 1851, according to the tenor and effect
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 d. 1884, the said Austin Z. Bartlett and
.lasaNl Iruw l..NH q.
Deming another ard second mortgage deed of
the same two pieces of land herein before de-
scrbed, and described in and covered by the first
mortgage deed hereinbefore mentioned, con
ditioned for the payment of five hundred dollars.
as expressed in certain prOmissory note signed
by said Austin Il 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 sand first day of April, A. d 1884 which is now
justly due and owing, and has not been paid, ex-
cept in part.
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 NIiddlesax
and Commonwealth Of Massachusetts,, the said
mortgage first hereinbefore mentioned and de-
acrbed together with the notes secured thereby.
And that the said Martin H. Deming did also
on the - day Of -, a. d. 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.
That on the = day of -, A. D. 1SS-. the
said Perey d. Moore, then being the lawful own
err and holder of both the said mortgages and all
the notes secured thereby, died testate at Cam
bridge, in the Commonwealth OF Massachusetts,
That on the 1lth day of March, A. d. 1856 E. J.
Moore, NJ. II. Deming and Geo. b. Swazey, who
had cen made executors OF the will of the said
Perley ID. Moore, and to whom commission to
act as such had been duly issued from the Court
of Massachusetts, having jurisdiction in the prem
ises, 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.
said, under their firm name of Batchelder & Bar
Der Tht 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
Michael Kelley of said Arlington, claim an inter.
est in said premises hereinbefOre described as
more fully set forth in said petition, subsequent
and subject to the two said mortgages now owned
and held by the petitioner.
And praying that the equity of redemption of
the said Austin T.. Bartlett, Elizabeth Bartlett,
James X. Batchelder, Orion NJ. Barber The Cum.
berland Bone Company, William G. Bartlett and
Michael Kelley in the premises may be foreclo .ed
agreeably to the provisions of law.
And it appearing that the said defendant The
Cumberland BOwe Company exists and has its
place Of business without this State, so that a
subpoena cannot be served upon il,
1T Is THEREFORE ORDERED That the said de-
PENDANT, The Cumberland Bone Company, be re.
quired to appear in Court on the first day of the
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, and
make answer to said petitioner and that said
petitioner shall cause this order to be published
in the Bennington BANNER, a public newspaper
printed at Bennington aforesaid, three weeks
successfully, the last of which publications shall
be at least twenty days previous to the COM
mencement of the aforesaid term of COur.'
Dated at Bennington aforesaid this I'D day of
October A. d. 1889.
EDWARD j, HALL, Clerk.
| BATCHELDER & BARBER, Solicitors 40t3