The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-04-18
IN oHANCERY, BENNINGTON COUNTY


Barnum Richardson Company,
VS..
Prudence Barden,
Charles v. Barden,
Mary Barden,
Terence Barden,
John Barden,
Helen Barden as Administrative of Terence Z.
Barden, deceased.
Helen &. 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 lst 1873, now unpaid covering the following
land in said town of Stamford
1.-THE west half of Lot No. lOl, in the second di-
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 kilns standing thereon. !"
| The other mortgage being dated March 10th,
A. d. 1871, to secure tive 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 S. So, 50 and 81, as marked on
the pl an of the town of Stamford, being the same
decided by Bar1en and Jones, and recorded in the
land records of Stamford, in book H. page 4o2'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 If said two mortgages and the sum
due thereon, as aforesaid, and further .
That on the eth day of December, A. D. 1870,
| said complainant commenced its suit for the fore
| closure Ofsaid mortgages against said Michael and
| one Terence {. BaIden, returnahle ut 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-
| setts and all whom, except John are OF the age
| OF legal majority. That said Terence LEFT a wild
| ow, Helen Z. Barden, and daughter Bessie T.
Barden, under the age of eighteen years that
| said Helen has been duly appointed administra
triX of the estate of said Terence G.. by the Pro-
| bate Court for the Dist riot of Bennington;
That ON or about the 29th day of October, 1873,
| said Michael filed in the Court of Insolvency for
the District Of bennington his petition for adju-
dicaton of Insolvency on which he was adJudged
an insOlNent debtor and one Lafayette Il, Reed was
duly appointed his assignee !; and in the course
OF his duties on the Sth day of November, 1879,
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
Z. and to the rights of homestead of the said
Michael and of his wife and minor children, to
one John a. Macarthur.
That in and by their answers filed in said cause,
SAID Michael and Terence set up by way Of de.
tense, etc, certain large claims by way OF unliqui
dated damages in favor of said Michael, arising
by reason oil the alleged breach by the complain
ant OF 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.
ing complied 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 22d 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 2Sth day
OF March. leSl, conveyed all his right and title in
| said mOrtgagcd lands to one Robert T. Fuller,
| now OF Chicago Illinois
| That ON or about the LIST day Of April, 1885 said
| John A, Macarthur died. leaving surviving Eliza
| McAi thur, his widow, and William A, Macarthur
| SusanB Macarthur, and John NJ. Macarthur, heirs
| lpgatees, al d personal representatives.
| That said mOrtgaged premises are claimed to DO
| subject to a right OF homestead in favor of said
| Mlcharl 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 cut any homestead therein, but
| that the said Michael, N his lifetime, and the said
Prudence. alias llulda, his widow, since his de-
| cease, have never been intcrfered with by the
| rumuianun, in occupying when they chose, all
that part thereof whICh they can be entitled to as
| a homestead and probably more but The com
panant is informed aud believes that said widow
| and her minor child do u)t now occupy, but have
| abandoned the same.
Wherefore the complainant prayed for sub
| puna to summon all Of said named defendants
| into Court in the place and stead of the said
| Michael and Terence {. BardcD that Guardians
| nd Htem may he appointed for all the minor de-
PENDANTS that all the defendants may be required
| to answ er the said amended bill by day TO be
| fixed by the Court but the complainant waves
| all answer under oath except AS to the defendant
Prudence, alias Huldah Barden, and her said
| children and as to them except as TO certain
| specified ih'errOgatOries.
That commissioners may be appointed for the
| purpose of ing out a homestead in the said
| mortgaged premises to tie said Prudence, alias
| lIuldah Barden and her minor children, if
shall appear that she and they are entitled to any
| and that such proceedings may be had in the mat
Ter us the law requires ana lhat the SAID DEFEND
ants may be rcqgrcd to pay to the Court for the
| benefit Of the complainant by short day to be
liked by the Court, the sum found due to the com
plalnaut upon s'id two mortgages, or in default
thereof may be iOreClOsed and forever barred
rom all equity or redemption in the premises |
| covered BY said mortgages; and r other relief |
| All which more fully appears from the said
amended and supplemental bill OF cOmplaint, now |
ON file in this Court.
Whereupon it was ordered by the Chancellor
that each of the defendants named in said amend.
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 af
ter the service of said bill and of this order upon
such defendant and that if any defendant 30
served fails to appear and to make answer or to
dlsClaim within tn at time, such action will be
taken in the matter the law directs.
And whereas it appears that all of the said de-
PENDANTS named in said amended bill of complaint
reside ont Of the State Vermont. SO that sub
that they cannot be found in this State it is here
BY further ordered that the foregoing substance
of the said amended bill of complaint and this or
der be published in the Bennington BANNER
newspaper published ut Bennington, in said
County for three weeks successfully, the last OF
such publications being at least thirty days pre-
vlous TO the commencement of the next stated
term of the said court of Chancery in said County
of Bennington.
And the said defendants 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, 1850, and make answer unto the fore
going amended bill Of complaint, AS above set
forth, and to stand to and abide by such order,
direction and decree as tothe Court shall seem
meet.
Dated at Bennington, in said County, on this
10th day of April, A. D, 1889.