The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-11-07
IN CHA NCEKY, DECEMBER TERN
l A D. 1859

STATE OF VERMONT, IS
Bennington
Daniel I. Bates, Administrator,
Mary A. c Darling,
MARY A. Darling,
GineTy Z. Darl nas
Whereas. Daniel T. Bates, Administrator of
the goods chaticls and estate of Orrin Bates late
of PUwnal in said County Of Bennington. deceas.
ed, intestate has filed in the Office OF the Clerk Of
the Court of Chaucery in the County Of Benning-
ton his petition for foreclosure against Mary A.
S, Darling, Mary A. Darling and Ginery p, Oar
lug of Clifton in the County of Fairfax and State
Of Virgna setting forth
That Mary A. 5. Darling, Mary A. Darling and
Ginery p. Darling of Clifton In the County Of
Fairfax and State Of Virginia, on the third day of
April A. ID. 1876, duly executed and the same
acknowledged ON the twenty sixth day of April,
A. U. 1915, to Orin Bates of Pownal in the County
of Bennington and State OF Vermont, mortgage
deed of certain lands situated in Pownal aforesaid
described as follows in aid mortgage deed:
One equal seventh part Of the following de-
scribed real estate, beginning at a stake and
stones on the south side Of tie highway near the
Dugway Hole, so called, thence south % degrees
west and thence south 30 and one-half degrees
west 1879 rods, in the HoOsick River, to Massachu
sets state line, thence eastwardly on the mort
line Ware farm, so called, to s. Rood's land,
thence northwardly on the line of lands of 5
Rood to the Highway, thence eastwardly to lands
formerly owned by the late John Rood thence
north TO corner of lands of said Rood, thence
northerly on the line of lands of said Rood to
corner of land of Joseph Thompson, thence west
erly the line of lands of the late Pny Wrightto
the corner of lands formerly owned by Josiah
Bates thence westerly on said Bates line to the
highway, thence mortherly on the southwest line
Of the highway to the place of beginning, con
tanning 200 acres Of land be the same more or less.
Conditioned for the payment Of two hundred and
eighty dollars, as specified in certain promis.
sorry note bearing date the seventeenth day OF
April, A. ID. 1876 made by said Mary A. 5. Dar-
ling for said sum of TWO hundred and eighty dol
II,.. al. nrrft Rat 10.
three years from date with interest annually al
| the rate specified in said note, at the National
| Bank of North Adams, Massachusetts, accoi ding
| 70 the tenor and effect of said note and further
conditioned for the payment of all disbursements,
costs and charges the said Orr1n bates might in
cur in the behalf of the said mortgages in closing
up and selling the interests of sal mortgages ia
the estate OF samuel Smith late OF Nilllamstown,
Massachusetts,, deceased
And further setting forth that the said Mary A..
| S, Darling, Mary A Darling and Ginery Z. Oar
ling and Samuel $. Darling then of Clifton afore-
SAID on The 2Oth day Of March A. ID, 1871 duly ex
| tcuted and the same acknowledged on the TWEEN
| yeighth day of March A. ID. 1871 a second mort
gage deed of said premises conditioned for the
| payment OF the sum OF two hundred dollars as
specified in certain promssory note. bearing
date the w entieth day OF March A. ID. 1871 made
| by said Mary A 5. Darling for said sum of two
hundred dollars and payable to the said Ornn
Bates or bearer two years after date with interest
annually at the rate specified in said note at the
National Bank at North Adams, Massachusetts,
| and that both of SAID notes so executed and Sc
cured as aforesaid together with large amount
| of interest thereon are now justly due and owing
and have not been paid according to the tenor
| and effect Of the same.
And further setting forth that at the December
Term, A. ID. 1871, of bennington County court
| the petition of said Mary A. ). Darling, Mary A.
Darling, Ginery p Darling and Samuel 5. BAR
| ling was filed directed against Thomas IL. Han,
Samuel w. Hall and Harriet A. Hall, they then
being the owners of the remaining slx.sevenths
parts of said premises, praying that partition
might be made OF the same and such proceedings
were had ut said December Term, A ID. 1871 that
Commissioners were appointed to make partition
thereof according to the prayer OF said petition
| and agreeably To the statute IN such case made
| and provided.
partition of said premises having duly qualified
and notified the parties said partition did the
first day of June A. ID. 1873, make partition there
of by dividing and setting out TO said petitioners
Mary A. S. Darling, Mary A. Darling Glnery r.
Darling and Samuel S. Darling as tenants in com
mon as their Just share thereof the following de-
scribed parcels Of land, beLg one seventh In value
of the premises herein before described and set
forth in said petition, viz Beginning at the in
tersection OF the west line Of the highway leading
from Pownal to Williamstown, with the Hoosac
River near the "dug way" so called, and at the
northwest corner OF the intervale part OF said
Rouse meadow farm, thence along said river south
one half degree west, 10 rods; thence south 10
degrees west Is rods to the railroad east line ];
thence along the east line OF said railroad south
half rods to stake; thence east four and one-haf
degrees north "a rods to stake standing in the
west line of the highway; thence northerIy and
westerly along SAID highway to the place OF be
ginning containing five acres Of land. Also, an
other piece of lana, on the opposite side of said
highway, bounded as follows: Beginning at the
north west corner of that portion OF the Rouse
meadow farm lying east of said highway; thence
on the east line of lands owned by Thomas H.
Hall commonly called the Turner place. south
IS degrees west, about 81 rods to the highway;
thence on said highway south degrees west 70
rods 10 a point opposite butternut tree standing
on the west side OF said highway thence nine
and one half degrees south 10 rods TO large elm
tree; thence east twenty-hy and one half degrees
south 90 rods to a small poplar tree, marked,
standing south twenty six and one-half degrees
east rods from the head of spring of water;
thence north II degrees west on line running
east of the head of said spring about " rods to
point on the north line Of said Rouse meadow
farm 80 degrees east of the northwest corner
thereof; thence west 10 degrees north on
said north line 30 rods to the place Of beginning
containing twenty-five and one.half acres of land
more or less.
And said commits toner's making report of their
dOings to the June term, A. ID 1875 of said BEN
nington County Court the same was accepted and
a copy thereof with the commission directed to
said commissioners duly recorded in the land rec
ords of said town of Powna on the twenty fifth day
of November A ID. 1873.
And further setting forth that at Pownal afore.
said ON the ninth day of November A. d. 1888 the
titoner the said Daniel I, Bates, was by the Hon.
orable Probate Court within and for the District
of Bennington on the twentieth day of November
A. ID. 1888 duly appointed Administrator of the
goods, chattels and estate Of said Orrn Bates and
as such administrator is the owner and holder Of
said two mortgages herein before described and
of the notes secured thereby; and that the said
Samuel s. Darling deceased at Hamilton in the
State of Ohio in the early part flssS
And praying that the equity of redemption Of
said Mary a. S. Darling Mary A. Daring and
Ginery Z. Darling in the premises may be fore
tlosed agreeably to the provisions of law.
And II appearing that the said defendants, Mary
A. S. Darling. Mary A. Darling and Ginery F.
Darling reside and are without this state so that
a subpoena cannot be served upon them,
1T Is THEREFORE ORDERED, that the said de-
PENDANTS, Mary A. s. Daring, Mary A. Darling
and Ginery p. Darling be required to appear in
Court on the first day OF the next stated term of
said Court to be held at Bennington within and for
the County of Bennington on the first Teusday OF
December, A. ID 1889 and make answer to said
petitioner. And that said petitioner shall cause
this order TO be published in the Bennington BAN
NER, public newspaper printed at Benning-
ton aforesaid three weeks successfully, the las.
OF which publications shall be at least twenty days
previous TO the commencement Of the aforesaid
term Of Court
Dated at Bennington Aforesaid this Gath day OF
October, A. ID. 1883.
EDWARD ]. HALL, Clerk.
Ratchet DER & BATES, Solicitors.