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

William II. Stockwtll vs. James II. Fitzgerald,
Frank Thompson, Margaret Morrissey, Edward
Mary Mack, Michael Mack, Margaret Barnes,
Patrick Barnes, Z. c. Houghton Admin.
istratoi, Edward Fitzgerald, Executor, Mar
garet Jones, Luther Irish Henry Stockwell,
Helen Harvey, Phillip Harvey, johanna Harvey,
Bridget Harvey, Mary Harvey, James Powers,
Thomas Powers Nellie Powers and Nora Powers.
Whereas William II. StOckwcll OF Bennington
In said County has filed in the Office Of the Clerk
Of the Court of Chancery In and for said County
his bill Of complaint against James H.Fitzgerald,
Frank Thompson and Margaret MOrrissey OF
Remington In said County, Edward Morrissey OF
parts unknown Nellie McCurneY, Patrick McCur-
ney Of HoOsick Falls in the State of New York,
Mary Mack and Michael Mack Of Remington
aforesaid, Margaret Barnes and Patrick Barnes Of
said Hoosick Falls, T. &, Houghton administrator
Of the estate Of Patrick Morrissey deceased,
Of Bennington aforesaid, Edward Fitzgerald ex.
ecutOr Of the will Of Michael Fitzgerald, deceas-
ed, of Troy, In the State of New York,
Margaret Jones, Luther Irish, Henry Stockwell
and Helen Harvey of Bennington aforesaid, Phil
Up Harvey OF parts unknown, johanna Harvey,
Bridget Harvey Mary Harvey, James Powers,
Thomas Powers Nellie Powers and Nora Powers
Of Bennington aforesaid, setting forth in sub
stance -
That Abram v Pruyn Of Cambridge in the
County Of Washington in the State of New York,
on the first day of April, A. D., 1872, was the
owner in fee Of about eighty acres of land situate
in Bennington aforesaid, bounded and described
AS follows viz -
On the north by lands owned by Trenor W.
Park and lands owned by Henry d. Hall; on the
east by lands owned by Trenor W. Park and
lands owned by widow Nancy Edgerton; on the
south by lands formerly owned by Samuel l..
Preston. lands owned by the Widow Terrell aud
lands owned by David Steward and the highway
leading westerly from the Paper Mill Village, so
called, to the Stone Church; on the west by lands
owned by David Steward, the Widow Terrell,
lands formerly owned by Samuel l.. Preston and
lands owned by II. Burden & Sons.
Tint said lands were not in proximity to, or &C
cessible from any highway except the highway
above referred to;
That said Pruyn on or about the first day Of
April, A. d. 1877, aud himself aud his grantees
subsequently there, to have divided and subdi.
vided said lands into seven or more distinct and
separate parcels;
That A. d. 1872, and before said Pruyn conveyed
away any Of said parcels, he caused to be survey
ed by Edward, Rice, surveyor, private way lead
ing from said highway nOrtherly across the entire
tract of said land to lands Of H. ID. Hail. for the
use, benefit and accommodation of the future pur
chasers and owners of four of said separate and
distinct parcels which otherwise were wholly sep
araied and isolated from said public highway by
other parcels constituting the REMAINDER OF said
entire tract;
That said private way was two rods IN width
and the centre line thereof was surveyed by the
said Edward Rice as aforesaid as follows.
Beginning one and one half rods south Of Bur
dens north line and at the fence east OF Paran
Greek, thence on Halls south line east, l31f deg
south east corner; thence south "a deg. west, 10
rods; thence south III deg west, 81 rods, IL links
TO beech tree; thence south, 81 deg. west 81
rods to a butternut tree standing in or near the
north line of the highway leading from the Meth
odst Church At Hnsdillville called, easterly to
Bennington Village,
That Said Pruyn, 4. d. 1872, and before convey
ing away any of said parcels Of land dedicated
said private way, so surveyed as aforesaid, to the
free uninterrupted and unohstructed use of all
subsequent ownersa and occupants OF said separate
parcels Of land not contiguous to said Highway,
forever;
That by virtue OF numerous grants aud reser.
valions express and implied, said right of way
surveyed Rs aforesaid, has become and is an ease
ment In and upon all Of the lands over which the
same was Surveyed MS aforesaid, appurtenant to
the several parcels Of said tract divided and
subdvided as Aforesaid;
That the defendant Fitzgerald owns in fee and
occupies the lands on the east side OF said pri-
yate way extending from said highway nOrtherly
about twenty.dys rods to one OF said four scpa-
rate parcels Of land now owned In fee by your ora
tor and occupied by his tenants, Henry StOckwell
and Luther Irish, and that the defendant Frank
Thompson claims to have some interest in SAID
lands owned and occupied by said Fitzgerald
and also In said private way:
That the defendants, Margaret, MOrrissey wild
ow, Edward Morrissey, Nellie McCurney and Pat
rick McCurney her husband IN the right Of his wife
Mary Mack and Michael Mack her husband in the
right ofhis wife, and Margaret Barnes and Pat
rick Barnes her husband in the right Of his wife.
Is heirs at law Of Patrick Morrissey late OF Ben
nington aforesaid, deceased and Edmund
{. Houghton as administrator Of the es-
tate Of said Patrick Morrissey, claims 10
avn and occupy lands on the west side Of SAID
private way extending from said highway north
erly about thirteen rods t. one OF said four sep
arate parcels Of land now owned and occupied by
Margaret Jones, aud claim TO have some interest
in said private way;
That the defendant Margaret Jones owns 10 fee
and occupies the lands on the west side Of said |
private way extending from the said Morrissey |
ndg hprlv ahout twelve. rods the said |
lands Of Your orator:
That one Of said four parcels OF land referred |
10 as your orators land adjoining the said lands |
N Fitzgerald and Jones on the north Is traveTsed
by said private way and contains about eight |
acres OF land and has standing thereon two dwell |
ing houses and outbuildinRs connected herewith, |
which two dwelling houses are occupied rcspec.
lively by the said Henry Stockwell and Luther
Irish who have and CLAIM to have an interest in
said private way, and who have no other means
IfingTess and egress TO and from their respective
lwelling houses, and that said outbuildings are
occupied in part by your orator IN common with
he said Henry Stockwell for the purpose Of keep.
ing cattle aud other farming stock and for storage
lf hay and grain and farming tools and for other
farming purposes, and that your orator has Uccn-
zion to aud has right to use said right of way
Tor the purpose Of passing TO aud from said out
buildings with cattle teams and vehicles aud for
farm produce to and rom the sane
hat the said Henry Stockwell aud Luther Irish
ire respectively tenants by parol leases from
e " OF Ator, for one year from April first A ID.
599;
That Thomas Harvey, late Of Bennington afore
aid, deceased, died about nine years ago seised
n fee simple Of one OF said four parcels, contain.
NIX about ten acres of land, Als0 trayrrsed by said
light Of way and joining your orators parcel oc-
uped By him and the said Henry StockWell and
luther Irish as aforesaid on the north. on which
lands a dwelling house and Outbudngs and the
anne is now owned aud occupied by the defend
nts Helen Harvey, Philip Harney johanna HaI.
icy, Bridget Harvey, Mary Harvey, James Pow
~, Thomas Powers, Nellie Powers, and Nora
overs a. Successors 10 the said Thomas Harvey
4 the chain Of title, who have and claim to have
n interest In said private way and have no other
means Of ingress and egress TO and from their
aid land
aiming about eight aud one half acres Of land,
lso traversed by said right Of way and joining
ne SAID HaTney lands on he porth. Is owped BY ]
our orator In Zee and 10 occupied b. the said