St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1890-10-30
Legal Notices.
Notice in Chancery.

Whereas, the Passumpsic Savings Bank, To-
Gated at ST. Johnsbury, in the county of Cal
Caledonia County Court of Chancery against
Amasa Paine, b. H. Percy, George c. Lucier,
Blaisde1, G. w. Bruce. Curtis E Austin and
c. A. Lucier its petition for foreclosure, set
ting forth in substance that George c. Lucer
and Lucy A. Lucier of Boston in the county
of Suffolk and State of Massachusetts, De
cember 10, 1886, duly executed to petitioner
a mortgage deed of certain land, situated in
Jay, County of Orleans and State of Yer
mont, described as follows, viz: "All that
part of Lot No. 81 in the South Division
decided by c. R. Bartlett and B. F. Paine to
said G. c. Lucier by deeds dated November 3,
1884, and April 5, 1885, and recorded Book
6, page 1S1 and 1877, Jay Land Records, sup
posed to contain As acres; also the East half
of lot No. 33 and the west half of lot No. 80
in said South Division, supposed to contain
in all As acres, be the same more or less.
Conditioned for the payment of note of
the same date as said mortgage, signed by
the said G. {. Lucier, for the sum of $3.50, on
demand with interest payable semi-annually
and for the keeping of the buildings said
premises insured in some good Fire Insurance
Company, for the benefit of the petitioner
which note is due and unpaid together with
the interest thereon from the first day of Jan
uary 1890
And that on the 10th day of July, 1887,
said George c. and Lucy A. Lucier duly exc
cuted to the petitioner another mortgage
deed of certain pieces OF land situated in Jay,
aforesaid, and described as follows, viz: All
Paine to said G. c. Lucier by deed dated
April 13, 1885. and recorded in Book 6, page
1SS OF Jay Lana Records, supposed to- con-
tain about Il acre. and the house and barn
where now reside; also that part of lot
No. 81 decided by b. F. Paine and G. r. Bart
lett to said G. c. Lucier by deeds dated No
vember 3, 1884. and April 5. 1885, and
corded in Book 6, pages 1S1 and 81, of Jay
Land Records all in that part of Jay origi-
nally granted to Thomas /Chittenden, and
supposed to contain $50 acres.
soT% noe for fS S6 dasd OF
signed by G. c. Lucier, payable on demand
to said Bank, with interest semi annually,
Il
terest thereon from January 1, 1890, is still
due and unpaid.
said Amasa Paine, duly executed to one Viii
liam H. Rand mortgage deed of certain
famo sitnatea IN Jay atoTesa a described as
of lot No. 80, 25 acres off of the North end of
lot No/31, the whole of lots No. SO. SO, "A.
So ard 65, all of said lots being situated in
the South Division of lands in said Jay. and
supposed to contain $50 acres.
CONDITIONED for the payment of one prom
1issory note for the sum of $1,000, dated Jam
uary IA, 1880, payable with interest annual
Iy to the said Rand, or bearer, and signed bv
said Amasa Paine: upon which last named
note payments have been made follows,
viz: On February Z. 1884. 5000, on March
on July 6. 1883, $75, and the balance of said
note is still due and owing and has not been
paid according to the effect of the same;
which last named note and mortgage are
now held by the petitioner And that said
Amasa Paine was the owner of all the land
named IN the last named mortgage at the
time of its execution, and after the execution
of said last named mortgage, by warranty
deed, duly conveyed the whole of said lot
number 33 unto one Luella A. Hadlock, by
deed of warranty, although said lot 33 was
then covered by said Rand's said mortgage,
which has never been discharged released
as to any of the lands therein described. BY
virtue of which conveyance by said Amasa
Paine and of the covenants aforesaid the said
lot No. 80 became exonerated from the
operation of the said Rands mortgage, as
between said AmaSa Paine and his grantees
on the one side and the said Luella A. Had
lock and her grantees on the other side.
And the petitioner shows, that by a
cession of warranty deeds from the said Luel-
la A. Had1Ock and her grantees the said lot
33 had passed to the said George c. Lucier,
gage, first above described. SO that said Geo.
c. Lucier and the petitioner then had and
now have the right to have said lot 33 X
Rand mortgage, and the petitioner is entitled
to hold the whole of said lot 33, as security
for its two debts first named.
The petitioner further shows that said Su-
san E. Percy, B. Franklin Paine, G. w. Bruce
and Charles E. Austin. each claim portion
an interest in part thereof by way of mort
gage or otherwise. and that Charles A. Luci
er and B. Franklin Paine claim some interest,
the character of which is unknown to the pc
titioner, in some portions of the premises
covered by the petitioners two first named
mortgages, but that their rights are subordi-
nate to the rights of the petitioner and said
first mortgages above named. and that the
premises covered by said Rand mortgage eX-
elusive of lot 33, sufficient in value to
pay the sum due upon said Rand mortgage
TONERS said first two mortgages including
said lot 33, insufficient to pay the
due upon the petitioners two first named
mortgages and praying that said AmaSa
Paine, B. H. Percy, Susan E. Percy, George
c. Lucier, Lucy A. Lucier, 3. Franklin Paine,
William H. Blaisde1l, G. w. Bruce and Curtis
E. Austin, may be forec1osed of all equity of
redemption in all the property covered by
said Rand mortgage and that in any of
the said last named defendants shall redeem
from said Rand mortgage, then said lot 33
shall be exhonerated from the operation of
said Rand mortgage and be held discharged
therefrOm and bound only by the petitioners
two first named mortgages, and that upon
the petitioners two first named mortgages
and all the premises therein included, in
Guiding said lot 33, it may have decree of
foreclosure against the said George c. Lucier
and Lucy A. Lucier and Charles A. Lucier
and B. Franklin Paine, with a short time of
redemption, and that the petitioner may have
such further relief as to the Court may seem
just.
And it being made to appear that said de
PENDANTS, George c. Lucier and Lucy A. Luz
cier, reside without this state that a cita-
ton cannot be served upon them. it is ordered
that notice of the tendency of said petition
be given them by publication of the substance
thereof with this order in the st. Johnsbury
Caledonian, newspaper published at st.
JOhnsbury, in the County of Caledonia, three
weeks successfully, the last of which publica-
tons to be at least twenty days prior to the
first day of the next term of Caledonia Coun-
County the first Tuesday of December, A.
d. 1890. upon which day said defendants are
ordered to make their appearance.
Dated at st. Johnsbury, in the County of
Caledonia, October p, 800.
HARRY L. HEAD, Deputy Clerk.