The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-05-09

as Powers are minors under twenty-one years Of
age;
That the defendants Nora Powers and Nellie
Powers are minors under eighteen years of age;
That the defendants Phillip Harvey and I'd.
ward Morrissey reside without this State but
where your orator has no means of knowing or
ascertaininR;
That the defendants Nellie McCurney and Pat
rick McCurney, Margaret Barnes and Patrick
Barnes reside without this State at Hoosick Falls
in the State of New York;
That the defendant Edmund G. Houghton has
been duly appointed by the Propate Court Of the
District Of Bennington, administrator OF the es.
tate of said Patrick Morrissey deceased, and Is
duly qualified to act as such,
That the Defendant James H. FitzSerald 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 his
fence westerly thereof, maintained as aforesaid
That the defendant EdwaId 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 Morrissey
Edward Morrissey, Nellie McCurney, Patrick
McLurney Mary Mack, Michael Mack Margaret
Barnes, Patrick Barnes, Edmund e. Houzhton
Edward Fitzgerald Margaret Jones, Luther Irish
Henry StOckwell. Helen lIArney, 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, 10 the best and utmost OF
their respective knowledge, remembrance, infor.
nation and belief, full. true, direct and perfect
answer make to all and singular the matters
aforesaid and that as fully and particularly 40 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 as 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 Morrissey, Edward Morrissey, Nellie
McCurney, Patrick McCurney, Mary Mack
Michael Mack, Margaret Barnes, Patrick Barnes,
Edmund C. lIOuI hton and Margaret Jones each
aud every OF them be enjoined and restrained
from in any wise interrupting or obstructinE said
right OF way rs the same shall he determined and
declared by your Honorable Court; and for such
other and further relief as to equity and good
conscience appetains;
And also praying Your Honor to grant unto
your orator writ Of subpoena to be directed to
The said James H. Fitzgerald. Frank Thompson,
Margaret MOrrissey, Edward Norrissry, Nellie
McCurney, Patrick McCurney, Mary Mack.
Michael Mack. Margaret BarneS, Patrick Barnes.
Edmund &. HOughtOn, Edward Fitzgerald, Mar
garet Jones, Luther Irish, Henry Stockweli,
Helen Harvey, Philip Haney, johanna Harvey,
Bridget Harney, 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 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 and
abide such further order, direction and decree
therein as to this Honorable Court shall seem
meet;
Whereupon il 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 a Subpoena cannot be served
on them. II 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. D. 1853, and make answer TO such
bill OF Complaint; and ii is further ordered that
the said complainant shall cause this order to be
published in the Bennington BANNER, q 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 18th day OF
April, A. d. 1899.
EDWARD J. HALL. Clerk.
w. b, SHELDON Solicitor.