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

baruent QeceAhtQs
Helen c. Barden,
Bessie p. Barden.
Robert 7. Fuller,
Eliza Macarthur,
William A. Macarthur,
Susan u. 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 30th
1879, to secure one promissory note for one thou
sand dollars payable on demand with interest from
July LIST, 1873. now unpaid covering the following
land in said town Of Stamford
1.-THE west half Of Lot No. l0l. 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
Conners with two coal kilns standing thereon. "
The other mortgage being dated March 18th,
A. ID. 1871, to secure two promssory notes, 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., 81, SO and 81, as marked on
the plan of the town Of Stamford, being the same
decided by Barden and Jones, and recorded in the
land records Of Stamford. in book H. page ASP. to
which reference is to be had"
At the December term of this court, 1883, said
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 Of said two mortgages, and the sum
That on the It'll day of December, A. d. 1875,
said complainant commenced its suit for the fore
closure Ofsaid mortgages against said Michael and
one Terence e. Barden, returDable at 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-
sets, 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 District of Bennington;
That on or about the 2eth day of October, 1873,
said Michael filed in the Court OF Insolvency for
the District Of Bennington his petition for adju-
ication of insolvency on which he was adjudged
an insolvent debtor and one Lafayette E. Reed was
luly appointed his assignee and in the course
Of his duties, on the sth day Of November, 1919,
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 cOmplainant's said mort
cages and to the mortgage held by said Terence
=. and to the rights of homestead Of the said
Michael and of his wife and minor children, to
)ne John A. Macarthur.
That in and by their answers filed In said cause
'ald Michael and Terence set up by way Of de-
ense, etc, certain large claims by way OF unliqui
lated damages in favor of said Michael, arising
by reason OF the alleged breach by the complain
ant of certain written contract, all which claims
he complainant charges are and always were
wholly fictitious, and the said assignee finding
hat said claims were made by said insovent,
lid 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
Nj the claims in favor of said estate TO the highest
bidder at public auction. And said assignee, hav
ng complied with the orders Of said Court, sold
al the debts, book accounts claims, and other de-
hands in faVn M cal
Barden, on the 22d day of April, 1880 to the said
John A. Macarthur, he being the highest bidder
or the same, all which was duly confirmed by the
COURT
That said John A. Macarthur, on the 2sth day
If March. 1881, conveyed all his right and title in
iaid mOrtgaged lands to one Robert I. Fuller,
low Of Chicago Illinois.
That on or about the LIST day OF April, 1885, said
Iohn A, Macarthur died, leaving surviving Eliza
Macarthur, his widow, and William A. Macarthur,
Susan b Macarthur, and John NJ Macarthur, heirs,
egatees, ar personal representatives.
That said mortgaged premises are claimed to be
Michael and of his widow and minor children
he precise extent of which is unknown to the
That no proceedings have ever
1een taken to set out any homestead therein, but
hat the said Michael, in his lifetime, and the said
alias Hulda, his widow, since his de.
ease, have never been interfered with by the
in occupying when they chose, all
hat part thereof which they can be entitled to as
UOlutelthu, anu pIODdOll more out inc COM
claimant is informed and believes that said widow
md her minor child do not now occupy, but have
abandoned the same.
Wherefore the complainant prayed for a sub
,nna to summon all Of said named defendants
nto Court, in the place and stead OF the said
iichael and Terence G. BardeD that Guardians
"a Item may be appointed for all the minor de-
endants that all the defendants may be required
o answer the said amended bill by day to be
liked by the Court but the complainant waves
IL answer under oath except US to the defendant
Prudence, alias Huldah Barden, and her said
hildren. and AS to them except as to certain |
pecihed in'errogatories.
That commissioners may be appointed for the |
purpose OF setting out homestead in the said |
nortgaged premises, to the said Prudence, alias |
iuldah Barden, and her minor children, II IL |
hall appear that she and they are entitled to any.
nd that such proceedings may be had in the mat. |
er as the law requires and that the said defend.
nts may be reqgired to pay to the Court for the |
eneft OF the complainant by short day to be
xed by the Court, the sum found due to the com
lainant upon said two mortgages, or in default
hereof may be foreclosed and forever barred
'Om all equity or redemption in the premises
oyered by said mortgages; and for other relief
All which more fully appears from the said
mended and supplemental bill ofcomplaint, now
n file in this Court.
Whereupon it was ordered by the Chancellor
nat each Of the defendants named in said amend.
d bill ofcompaint be required to appear before
ne Court OF Chancery In the County OF BenninR-
IN, pursuant TO the statute, then and there In
hid Court to answer unto the said amended bill
nd to stand to, abide by, and perform such order,
ERECTION, and decree therein as to the Court
nall seem meet.
That each OF the defendants so TO be served is
irther required to cause an appearance to be
ltered in said cause with the clerk OF said Court
said County Of Bennington, and to make answer
nto said bill Of complaint within thirty days AT.
n the service Of said bill and Of this order upon
Ich defendant and that il any defendant so
rived fails to appear and to make answer or to
sclaim within tn at time, such action will be
ken in the matter as the law directs.
And whereas 1t appears that all Of the said de-
,ndants named in said amended bill of complaint .
,side out Of the State Vermont. so that a sub.
Bna cannot be served upon any Of them and
lat they cannot be found in this State II is here
Y further ordered that the foregoing substance
the said amended bill Of complaint and this or
Or be published in the Bennington BANNER, q
ewspaper published at Bennington, in said
ounty, for three weeks successfully, the last OF
ich publications being at least thirty days pre-
ous to the commencement of the next stated
run of the said court Of Chancery in said County
Bennington.
And the said defendants are summoned and re-
hired to appear before the Court OF Chancery,
ext to be held at Manchester, within and for the
lid County Of Bennington, on the first Tuesday Of
lne. A. ID, 1889, and make answer unto the fore
ping amended bill Of complaint, AS above set
nth, and to stand to and abide by such order,
rection and decree as to the Court shall seem
eet.
Dated at Bennington, in said County, on this
TN day OF April, A. ID. 1889.