The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-11-07
BEWARE OF WORTHLESS INVITATIONS O.
DIAMOND DYES.

DIAMOND DYES.
IN CHANCERY, DECEMBER TERN
l. A. d. 1889.
STATE OF VERMONT,
Bennington County.
Celia Deming,
Austin E. Bartlett.
Elizabeth Bartlett,
William @. Bartlett,
]. X. Batchelder,
o. Nj. Barber,
Michael Kelley,
The Cumberland Bone Co.
Whereas, Celia Deming of Arlington. in the
County Of Bennington and State Of Vermont, has
filed in the Office Of the Clerk of the Court of
Chancery, in the County of Bennington, her Pc
tition for foreclosure against Austin E. Bartlett
and Elizabeth Bartlett, his wife, James X. Batch
elder, Orion NJ. Barber, William c. BARTLETT and
Michael Kelley, all of Arlington aforesaid, and
| The Cumberland Bone Company, a corporation
existing under the laws of the State Of Maine, and
doing business In Portland in the State of Maine,
| setting forth that Austin E. Bartlett and Eliza
beth Bartlett, his wife, darlington In the County
| of Bennington and State of Vermont on the third
day of April, A. D. 1876, duly executed to Martin
| II. Deming of Arlington, in the County of Ben
nington and State OF vermont mortgage deed
of certain lands situated in Arlington. in the
County of Bennington, and described as follows
in said mortgage
| The first piece bounded on the north by land
| belonging to the estate of s Deming, deceased,
on the east by the highway leading from Airing
| ton Stone Church to Manchester on the south
by lands of II. s. Hard, lands of o. Garfield, Ian DIS
OF NJ. Norton, lands of John Morrissey and the
highway leading from Arlington Nillageto West
Arlington, and on the west by the Ba'tenkill Riv.
er, containing thirty-twO acres of land, more or
lless.
The second piece bounded on tho north by lands
of William L. McAuley on the west by the high
| way leading from Arlington Stone On urch to Man.
| Leicester lands a. ha
| south by lands Of A. D. Garfield and lands of
Fernando West on the east by the Branch. con.
tanning one hundred acres of land more or less.
That said first piece Of land is now correctly de-
| scribed substantially as follows
Bounded on the north by lands Of the estate Of
5. Deming, deceased on the east by the highway
leading from Arlington to Manchester on the
| south by lands of John Higgins, land of Clara c..
Bartlett, land Of Orlando Garfield, land of Nal
colin Norton land of John Morrisey and the high.
way leading from Arlington Street to West Ar
on the west by the Battenkill River, conta aiming
thirty-two acres of land, more or less.
That said second piece is now correctly de
scribed substantially a. follows
| Bounded on the north by lands owned or occu.
| pied by William l. AlcAuley and wife on the
east by the Roaring Branch on the south by
| lands Of A. S. Garfield. Guardian and Eliza West,
and land of Frank n. Garfield and on the west
| by the highway leadngfrom Arlington to Man.
| chester, containing one hundred and thirty two
acres OF land more or less.
|
ment OF two thousand dollars with interest an.
nually, specified in four promissory notes
signed by the said Austin Z. Bartlett, payable to
| the order of Martin H, Deming, each given for
the sum of five hundred dollars, with interest an.
nually, one payable April LIST, 1873 another April
LIST, 1879, another April LIST, 1880. and the other
April LIST, 1881, according to the tenor and effect
OF said notes, which is now justly due and owing
and has not been paid, except that part of the
interest thereon has been paid.
And further setting forth that on the 1st day of
1 II --N
Elizabeth Bartlett executed to the said Martin H
Deming another and a second mortgage deed OF
/ the same two pieces of land herein before de-
scribed and described in and covered by the first
mortgage deed hereinbefore mentioned, con
ditioned for the payment of five hundred dollars,
as expressed in certain promissory note signed
| by said Austin E. BARTLETT payable to Martin H.
Deming or bearer on the first day Of April A. D.
1885 with interest annually, said note being dated
on sand first day of April. A. D. 1884, which is now
justly due and owing, and has not been paid, ex-
cept in part.
That on the 10th day OF May, A. D. 1888, the
said Martin H. Deming duly sold. transferred, as.
| signed and made over to one Perley d. Moore,
| then OF Cambridge, in the County of Middesex
| and Commonwealth OF Massachusetts, the said
mortgage first hereinbefore mentioned and de-
acribed together with the notes secured thereby.
And thai the said Martin H. Deming did also
on the - day Of -, A. d. 1884. duly sell, as
sign, transfer and make over unto the said Perley
ID. Moore, then in life, now deceased, the said
second mortgage deed hereinbefore mentioned,
together with the note secured thereby.
That on the - day of -, A. y. 1SS-, the
said Perley D. Moore, then being the lawful own.
err and holder of both the said mortgages AMI all
the notes secured thereby, died testate at Cam
bridge, in the Commonwealth Of Massa chusetts
That on the 18th day of March, A. d. 1885, E. J.
Moore, Nj. II. Deming and Geo. B. Swazey, who
had Jeen made executors OF the will Of the said
Perley D. Moore, and to whom commission to
act as such had been duly issued from the Court
of Massachusetts, having jurisdiction in the prem.
ises, duly assigned. sold, transferred, and made
over 10 the petitioner both the two said
and all the notes secured thereby, and that the
petitioner now lawfully owns and holds the same
And further setting forth that james X Batch
elder and Orion NJ. Barber, Of Arlington afore.
said under their firm name OF Batchelder & Bar.
Der The Cumberland Bone Company, corpor-
alton existing under the laws of the State of
Maine, and doing business in Portland, in the
State of Maine
Michael Kelley of said Arlington, claim an inter.
est in said premises herein before described as
more fully set forth in said petition, subsequent
and subject TO the two said mortgages now owned
and held by the petitioner.
And praying that the equity OF redemption Of
the said Austin E. Bartlett. Elizabeth Bartlett,
James X. Bachelor, Orion nj. Barber, The Cum
berland Bone Company, William C. Bartlett and
Michael Kelley in the premises may be foreclosed
agreeably to the provisions oflaw.
And II appearing that the said defendant, The
place of business without this State, so that a
subpoena cannot be served upon It,,
IT Is THEREFORE ORDERED, That the said de.
PENDANT, The Cumberland Bone Company, be re-
quired TO appear in Court on the first day OF the
next stated term Of said Court to be held at Ben
nington. within aud for the County Of Bennington
on the first Tuesday of December A. d. 1889, and
make answer to said petitioner and that said
petitioner shall cause this order TO be published
in the Bennington BANNER, public newspaper
printed at Bennington aforesaid, three weeks
be at least twenty days previous to the com
mencement of the Aforesaid term OF Cour-.
Dated at Bennington aforesaid this I'D day OF |
October. A. ID. 1889.
EDWARD j. HALL, Clerk.
BATCHELDER & BARBER, Solicitors. 4Ot3 |