The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-04-25

administrator aforesaid have continuously To-
more than ten years last past, and still continu,
to obstruct said passage way with fences, wood
railroad ties, wood shed, hog pen and hog yard
so as to greatly obstruct and hinder your oratol
and other persons owning and occupying sale
lands to the north from passing and repassinl
over said passage way, and have claimed ant
now claim 10 own the fee OF the land Of said pas
sage way from the west to the centre line there
Of, lying east Of the said Morrissey lands, and
that your orator has frequently and in a friendly
way requested the said Patrick Morrissey in his
lifetime and his widow and Eeirs aforesaid and
administrator aforesaid occupying said lands
since his decease to remove said distractions and
desist from further obstructing said passage way,
but they have neglected and refused and still
neglect and refuse so to do, and threaten TO con.
| tinue to obstruct and occupy said passage way
hereafter as heretofore, claiming. the right so to
do, so as TO deprive your orator, the owners and
occupants Of other lands lying to the north as
Aforesaid, from the reasonable and beneficial use
OF said passage way;
TFat your orator has the color of title and
claims to own the fee In the lands covered by said
private way as surveyed by Edward Rice and also
| covered by said passage way upon, contiguous
and adjacent to the same, but your orators title
Is disputed by the said James IL. Fitzgerald, the
said Margaret Jones, and the widow, heir. and
administrator OF said Morrissey and the said Ed
ward Fitzgerald;
That for a considerable time, but how long
your orator has no means Of knowing, after said
entire tract was divided into parcels and conveyed
by said Pruyn to different grantees, the land in
Guided in said survey Of said right Of way and in
cluded in said passage way and contiguous and
adjacent to each, was used promiscuously and
without special limitation by the owners and &C.
cupants of such parcels until from time TO time
the owners and occupants of said lands lying
south OF your orators lands, by the erection OF
fences, buildings and other structures, confined
and restricted the travel TO the limits Of said
passage way and your orator and other owners
and occupants have been compelled to use the
same as their only means Of ingress and egress to
and from said lands lying to the north, but your
orator AYERS that such user of such passage way
has not rpened into an abandonment Of said pri.
vate way insomuch as said passage way, devates
therefrom. and an adoption of said passage way
in lieu thereof;
That the defendants James Powers and Thorn
as Powers are minors under twenty-one years of
age;
That the defendants Nora Powers and Nellie
Powers are minors under eighteen years age;
That the defendants Phillip Harvey and Ed.
ward Morrissey reside without this State but
where your orator has no means Of knowing or
ascertaining;
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 c. 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 IL. Fitzgerald 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 |
McCurney, Mary Mack, Michael Mack, MSrgaret
Barnes, Patrick Barnes, Edmund c. Houghton, |
Edward Fitzgerald, Margaret Jones Luther Irish,
Henry stockwell, Helen Harvey, Philip Harvey,
Johanna Harvey, Bridget Harvey, Mary Harvey, |
James Powers, Thomas Powers, Nellie Powers
and Nora Powers and their confederRtes when |
discovered may, upon their several and respec |
tive corporal oaths, TO 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 as II
the same were here repeated and 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 a free, uninterrupted and
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 II. 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 q. HouE hton and Margaret Jones each
aud every OF them be enjoined and restrained
from in any wise nterrupting or obstructug said
right of way rs the same shall be determined and
declared by your Honorable Court; and for such
other and further relief as to equity and good
appertains
And also praying Your Honor to grant unto
your orator writ of subpoena to be directed to
The said James II, Fitzgerald, Frank Thompson,
Mp( nrnRV. Patrick Mp(Nurnav
Michael Mack, Margaret Barnes Patrick Barnes,
Edmund G. Houghton, Edward Fitzgerald, Mar.
Ssret Jones, Luther Irish, Henry Stockwell,
Helen Harvey, Philip Harvey, Johanna Harvey,
Bridget Harvey, Mary Harvey, James Powers an
infant, Thomas Powers an infant. Nellie Powers
an infant and Nora Powers an infant, thereby
them and each Of them at a 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 and 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 it 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 Subpoena cannot be served
IN them, 1t is hereby ordered that they, the said
Philip Harvey, Edward Morrissey Nellie McCur-
ley, Patrick McCurney. Margaret Barnes Patrick
Barnes and Edward Fitzgerald shall appear on
he first day OF the next stated term of said Court
Of Chancery to be holden at Manchester in and
or said County of Bennington, on the first Tues
lay Of June A. d. 1889, and make answer to such
Dill Of Complaint; and 1t is further ordered that
he said complainant shall cause this order to be
in the Bennington BANNER, a news
paper printed at Bennington in said County,
hree weeks successfully, the last of which pub
ication shall be at least twenty days previous to
he commencement of such term Of Court.
Done at Bennington aforesaid this 25th day Of
April, A. d. 1889.
EDWARD j. HALL. Clerk.
". B. SHELDON Solicitor.