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


prudence Bardent
Charles Y. Barden,
Mary Barden,
Terence Barden,
John Barden,
Helen G. Barden, as administrator of Terence
Barden, deceased.
Helen g. Barden,
Bessie p Barden.
| Robert T. Fuller,
Eliza Macarthur,
| William A. Macarthur,
Susan B. Macarthur and John NJ. Macarthur
This is bill for the foreclosure Of two mort
| cages executed to the complainant, Barnum Rich
| ardson Company, of Litchfield County, Connect
cut, by Michael Barden, late Of Stamford. Ben
nington County, Vermont, one dated July 3Oth
1879, to secure one promissory note for one thou
sand dollars payable on demand with interest from
July LIST, 1873 now unpaid, covering the following
/ land in said town OF Stamford
"The west half of Lot No. lOt, In the second dl-
vision as marked on the plan of said town, bound,
ed north on lands of Luther Leet and Michael
Sweeney, east and south on lands OF Owen Nor
rissey, and west on lands Of John and Bridget
| Corners with two coal kins standing thereon. v
The other mortgage being Gated March 10Th,
A, d, 1871, to secure two promissory note', bear
| ing date the same day, payable on demand with
interest now due from March Is, 1873, covering
the following lands In said town of Stamford
Lots numbers IS, 81, SO and 81, as marked on
the plan OF the town OF Stamford being the same
decided by Bar1en and Jones, and recorded in the
land records of Stamford, in book IL, page 49, to
which reference is to be had"
At the December term Of this court, 1888, said
complainant has filed its amended and supple
mental bill of complaint pursuant to the order OF
the Chancellor therein setting forth the facts OF
the execution Of said two mortgages, and the sum
due thereon, as aforesaid, and further
That on the It'll day of December, A. D. 1870,
said complainant commenced its suit for the fore
closure ofsaid mortgages against said Michael and
one Terence G. Barden, returnabe at the June
term, 1876 that said Michael and Terence, hav.
ing been duly served with process appeared and
made answer that both of them are now dead !
that the said Prudence, alias Huldah Barden, Is
his widow, and said Charles f., Mary, Terence
and John Barden are his children, all whom re-
side at North Adams, in the State of Massachu'
| sets, and all whom. except john are OF the age
of legal majority. That said Terence left wild
ow, Helen Z. Barden, and daughter, Bessie L.
said Helen has been duly appointed admlnistra-
trix of the estate OF said Terence e. by the Pro-
bate Court for the District of Bennington;
That on or about the 10Th day Of October, 1873,
said Michael filed in the Court of Insolvency for
the District of Bennington his petition for adju-
dication Of insolvency on which he was adJudged
an insolvent debtor and one Lafayette L, Reed was
duly appointed his assignee and in the course
of his duties, on the Sth day Of November, lHig,
| under license from said court, said assignee sold
at auction all the right title, interest and equity
of redemption of said Michael in said mortgaged
premises subject to the complainants said mort
cages and TO the mortgage held by said Terence
e.. and to the rights of homestead Of the said
Michael and of his wife and minor children, to
That in and by their answers filed in said cause,
| SAID Michael and Terence set mp by way of de-
fense etc, certain large claims by way OF unqui.
dated damages in favor OF said Michael, arising
| by reason Of the alleged breach by the complain.
ant of a certain written contract, all which claims
the complainant charges are and always were
wholly fictitious. and the said assignee finding
| that said claims were made by said insOlvent,
did petition said Court of Insolvency for leave to
| sell the same, and the Court after hearing the
persons interested, did order said assignee to sell
all the claims in favor of said estate to the highest
bidder at public auction. And said assignee hav-
lug compiled with the orders Of said Court, sold
all the debts, book accounts claims and other de.
mands of every nature in favor OF the said Michael
Barden, on the I'D day Of April, 1880 to the said
John A. Macarthur, he being the highest bidder
fer the same, all which was duly confirmed by the
| Court.
That said John A. Macarthur, on the 18th day
of March. 1881, conveyed all his right and title in
said mortgaged lands to one Robert I. Fuller,
now Of Chicago, Illinois
That on or about the LIST day of April. 1885, said
John A, Macarthur died, leaving surviving Eliza
| Macarthur, his widow, and william A. Macarthur
Susan B. Macarthur, and John NJ. Macarthur, heirs,
| egatees, ar personal representatives.
That said mortgaged premises are claimed to be
subject to a right OF homestead in favor Of said
Michael and of his widow and minor children
! the precise extent of which is unknown TO the
| complainant. That no proceedings have ever
been taken to set out any homestead therein, but
that the said Michael in his lifetime, and the said
1
| cease, have never been interfered with by the
| complainant in occupying when they chose, all
that part thereof which they can be entitled TO
| a homestead, and probably more but the com
painant is informed and believes that said widow
| and her minor child do not now occupy, but have
i abandoned the same.
| Wherefore the complainant prayed for sub
ppna to summon all Of said named defendants
into Court, in the place and stead OF the said
| Michael and Terence &. BardeD {; that Guardians
dd item may be appointed for all the minor dc.
PENDANTS that all the defendants may be required
| to answer the said amended bill by a day TO be
| fixed by the Court but the complainant waves
| all answer under oath except Us 10 the defendant
| Prudence, alias Huldah Barden, and her said
children. and as to them except as to certain
| specified in'errogatOries.
| That commissioners may be appointed for the
purpose of setting out homestead in the said
| mortgaged premises, to the said Prudence, alias
Hudah Barden, and her minor children II II
shall appear that she and they entitled TO any,
/ and that such proceedings may be had in the mat
ter as the law requires and that the said defend.
ants may be reqgired TO pay to the Court for the
| benefit OF the complainant by a short day to be
fixed by the Court, the sum found due to the com
plainant upon said two mortgages, or in default
thereof may be foreclosed and forever barred
| from all equity or redemption in the premises
covered by said mortgages; and for other relief'
All which more fully appears from the said
amended and supplemental bill ofcomplant, now
/ on file in this Court.
Whereupon it was ordered by the Chancellor
l
ed bill Of complaint be required to appear before
the Court of Chancery In the County OF Benning-
| ton, pursuant to the statute, then and there In
| said Court to answer unto the said amended bill
and to stand to- abide by, and perform such order,
| direction, and decree therein as to the Court
/ shall seem meet.
That each of the defendants so to be served is
| further required to cause an appearance to be
entered in said cause with the clerk of said Court
| in said County Of Bennington, and to make answer
unto said bill of complaint within thirty days at.
ter the service Of said bill and Of this order upon
| such defendant and that II any defendant so
| served fails to appear and to make answer or to
dsclaim within tn at time, such action will be
| taken in the matter as the law directs.
| And whereas 1t appears that all of the said de-
| PENDANTS named in said amended bill Of complaint
| reside out of the State Vermont 50 that a sub
pRna cannot be served upon any Of them, and
that they cannot be found In this State 1t is here
by further ordered that the foregoing substance
| OF the said amended bill of plant and this or
der be published in the Bennington BANNER a
newspaper published at Bennington, in said
County, for three weeks successfully, the last Of
such publications being at least thirty days pres
i vlous to the commencement OF the next stated
term Of the said court Of Chancery in said County
| of Bennington.
| And the said defendants are summoned and re
quired to appear before the Court of Chancery
next to be held at Manchester, within and for the
said County Of Bennington, on the first Tuesday OF
| June. A. ID, 1889, and make answer unto the fore
going amended bill Of complaint, AS above sci
forth, and TO stand TO and abide by such order
direction and decree as to the Court shall seen
meet.
Dated at Bennington, in said County, on thi