The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-10-24

IN CHANCERY, DECEMBER TERM
l. A. d. 1889
STATE OF VERMONT,
Bennington County,
Daniel I. Bates, Administrator,
Mary a 4. s. Darling,
Mary A. Darling
Ginery z. Darling.
Whereas, Daniel T Bates, Administrator o
the goods chattels and estate OF Orrn Bates, late
of Pownal in said County of Bennington deceas
ed, intestate, has filed In the Office Of the Clerk Of
the Court Of Chancery in the County of Benning
ton his petition for foreclosure against Mary A
S, Darling, Mary A. Darling and Ginery P, Oar
ling OF Clifton in the County Of Fairfax and STATE
of Virginia setting forth
That Mary A. s. Darling, Mary A. Darling ant
Ginery P. Darling of Clifton in the County Of
Fairfax and State of Virginia, on the third day o
April A. d. 1876, duly executed and the SAINT
acknowledged on the twentysixth day OF April
A. ID. 1875, to Orin Bates of Pownal In the County
of Bennington and State OF Vermont, mortgag,
deed of certain lands situated in Pownal aforesaid
described as follows in said mortgage deed:
One equal seventh part Of the following de
scribed real estate, beginning at stake ant
stones on the south side OF tie highway near tn,
Dugway Hole, so called, thence south % degree,
west and thence south 80 and one.half degrees
west lS9 rods, in the Hoosick River, to Massachu
sets state line, thence eastwardly on the north
line Ware farm, 80 called, to =. Rood's land
thence northwardly on the line Of lands of s
Rood to the Highway, thence eastwardly to land'
formerly owned by the late John Rood, thence
north to corner of lands Of said Rood, the nee
northery on the line of lands Of said Rood u
corner OF land of Joseph Thompson, thence west
erly on tie line of lands Of the late Pny Wright tC
the corner of lands formerly owned by Josiaf
Bates, thence westerly on said Bates line To I'll,
highway, thence mortherly on the southwest lin'
Of the highway to the place OF beginning, con
tanning 900 Of land be the same more or less
Conditioned for the payment Of two hundred anC
eighty dollars as specified in a certain proinis
sorry note bearing GATE the seventeenth day o
April, A. D. 1875, made by said Mary A. S. Oar
ling for said sum Of Two hundred and eighty dol
lars and payable to said Orrin Bates or bearer
three years from date with interest annually a
the rate specified IN said note, at the NaiiOna
Bank of Nor Adams Massachusetts, accoI DIM
| 70 the tenor and effect of said note and furthe
conditioned for the paymtn of all disbursements
costs and charges the said Orrin Bates might IN
cur in the behalf Of the said mortgages in ciosiDl
up and selling the interests Of said mortgages il
the estate OF samuel smith late OF Wllliamstown
Massachusetts,, deceased
| And further setting forth that the said Mary A
s, Darling, Mary A. Darling and Ginery p. Oar
ling and Samuel s. Darling then OF Clifton afore
SAID on the 2Oth day Of March A. ID, 1877 duly ex
| Ccuted and the same acknowledged ON the TWEEN
weight day of March A. ID. 1877 second mort
gage deed Of said premises conditioned Tor Tn
| payInent of the sum Of two hundred dollars n
speciied in certain promissory note bearing
date the twentieth day of March A, ID. 1877 mad
nv said Mary A. S. Darling for said sum of tw
hundred dollars and payable to the said Orril
Bates or bearer two years after date with lnteres
annually at the rate specified in said note at tn
| National Bank at North Adams, Massachusetts,
and that both Of said notes SO executed and Sc
cured as aforesaid together with large amour
/ of interest thereon are now justly due and OWN
and have not been paid according to the teno
and effect Of the same.
And further setting forth that at the Decembe
Term, A. d. 1877, of Bennington County Iour
the petition Of said Mary A. 5. Darling Mary A
Darling, Ginery z. Darling and Samuel 5. Oar
ling was fled directed against Thomas IL. Hal
Samuel w. Hall and Harriet A. Hall, they the
! being the owners Of the remaining slx-seventh
parts of said premises, praying that partition
might be made of the same and such proceeding
we're had at said December Term, A. d. 1877 tina
| Commissioners were appointed to make partition
thereof according TO the prayer Of said petitio
/ and agreeably to the statute IN such case mad
| and provided.
That the Commissioners so appointed to max
partition Of said premises having duly qualife
and notified the parties 70 said partition did on tn
first day of June, A. d. 1873, make partition there
of by dividing and setting out to said petitioner
Mary A. S. Darling, Mary A. Darling, Ginery
Darling and Samuel s. Darling as tenants in com
mon as their Just share thereof tho following de
scribed parcels Of land, being one seventh in valu
i of the premises herein before described and &C
forth In said petition, viz Beginning at the IL
Jersecton OF the west line Of the highway leadin
from Pownal to Williamstown, with the Hoosa
| River near the "dug way" so called, and at tn
i northwest corner OF the interyale part of sal
Rouse meadow farm, thence along said river sout
i one half degree vest ID rods; thence south 4
degrees west Is rods TO the railroad east line
thence along the east line OF said railroad sout
tWeuty-fOur and One-half degrees east, IL and on
half rods 10 a stake thence east four and one-ha
degrees north "a rods to stake standing in th
| west line Of the highway; thence northeriy an
| westerly along said highway 10 the place Of bt
ginning containing i've acres Of land. Also, az
other piece of lana, on the opposite side of sal
highway, bounded as follows: Beginning at Ii
north west corner OF that portion Of the Rous
meadow farm lying east OF said highway; theme
on the east line of lands owned by Thomas
Hall commonly called the Turner place. sout
IS degrees west, about 81 Iods TO the highwaJ
thence on said highway south degrees west
rods 70 point opposite butternut tree standin
on the west side OF said highway; thence, east mir
and one-half degrees south ID rods to large eli
tree; thence east twenty five and one half degre,
south 80 rods 10 a small poplar tree. markei
standing south twenty six and one-half degre,
east rods from the head OF u spring of wHtel
thence north II degrees west on n line runnir
east of the head OF said spring about " rods to
point on the north line Ut said Rouse meade
iarm ~ degrees east Of the northwest corn,
thereof; thence west IL degrees north 9
said north line 30 rods TO the place Of beginnin
containing twenty-five and onehalf acres Of Ian
| more or less.
And said commissioners making report Of the
doings TO the June term, A. ID 1878, Of said Be
niDgton County Court, the same was accepted 81
q copy thereof with the commission directed
said commissioners duly recorded In the land re
ords Of said town Of Powna on the twenty fifth d
Of November, A ID. 1873.
And further setting forth that at PownAl afor
said on the ninth day OF November A. ID. 1888 ii
said Ornn Bates, deceased intestate and the .
titioner, the said Daniel I. Bates, was by the IIo
orable Probate Court within and for the Distri
| of Bennington on the twentieth day of Noyemb
. A. ID. 1883 duly appointed Administrator Of 4
goods, chattels and estate Of said Orrin Bates Al
as such administrator is the owner and holder
said two mortgages herein before described Al
oftke notes secured thereby; aud that the 81
Samuel 5. Darling deceased At Hamilton In 4
State OF Ohio In the early part Of 1888.
e And praying that the equity Of redemption
4 said Mary A. s. Darling Mary A. Daring a
Ginery Z. Darling In the premises may be fol
closed agreeably 70 the provisions Of law.
= And IL appearing that the said defendants, Ma
A. s Daring. Mary A. Darling and Ginery
Darling reslde and are without this state 50 II
4 subpoena cannot be served upon them,
1T IS THEREFORE ORDERED, that the said
PENDANTS, Mary A. s. Daring, Mary A. Darli
: and 0inery =. Darling be required to appear
! | Court on the first day OF the next stated term
i said Court 10 be held at Bennington within and
the County Of bennington on the first Teusday
| December, A. ID. 1857 and make answer 10 !,
petitioner. And that said petitioner shall cat
: this order 70 be published In the Bennington ~
NER, public newspaper printed at Bennil
ton aforesaid three weeks successfully, the
Of which publications shall be at least twenty do
previous 10 the commence -ent o. the al res
. | ierm of (1ourf