St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1890-11-06
Legal Notices.
Notice in Chancery.

| Whereas the Passump sic Savings Bank, To-
Gated at St. Johnsbury, in the county OF Car
| edonia, has filed in the office of the Clerk OF
| Caledonia County Court of Chancery against
Amasa Paine, b. H. Percy. George {. Lucier
| Blaisdell. G. w. Bruce. Curtis E. Austin and
| c A. IIucier its petition for foreclosure, set
| ting forth in substance that George c. Lucier
| 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
part of Lot No. 81 in the South Division,
decided by c. X. Bartlett and B. F. Paine to
said G. {. Lucier by deeds dated November3 3,
SS4, and April 5. SS5, and recorded Book
6. page 81 and 81, Jay Land Records, sup
posed to contain 40 acres; also the East halt
oflo No. 33 and the west half of lot No 81
in said South Division, supposed to contain
in all 1 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. c. Lucier, for the sum of $3.50. on
demand with interest payable semi annually,
and for the keeping of the buildings on 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
nary. 1890.
And that on the 10Th day of July. 1887,
said George {. 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: "AH
that part of Lot No. %, decided by B. F.
April g. 1885, and recorded in Book 6, page
1873 of Jay Land Records, supposed to con-
where we now reside also that part OF lot
No 81 decided by b. F. Paine and c. K. Bart
vember 3. 1884. and April 3, 1885. and re
corded in Book g. pages 81 and 81, of Jay
Land Records all in that part of Jay origi-
nally granted to Thomas Chittendcn, and
supposed to contain $50 acres.
Conditioned for the payment of a promis-
sorry note for $3.50, dated July II, 1887,
signed by 6. <. Lucier payable demand
to said Bank, with interest semi annually,
which last named note, together with the in
thereon January /
And that on the 18th day of Jan, $50
said Amasa Paine, duly executed to Will
liam H. Rand mortgage deed of certain
land. situated in Jay aforesaid described as
of lot No. 30, % off of the North end of
lot No. 81 the whole of lots No. SO, IS A,
- and Co. 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
issory note for the of $4,000, dated Jan
uary H. 1880, payable with interest annual
~ to the said Rand, or bearer, and signed by
said Amasa Paine; upon which last named
note payments have been made as follows,
W on F s8n1 T a. ISL $o9 on Mareh
on July 6, $50, S75, 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
held by the petitioner. And that said
Amasa Paine was the owner of all the land
named i'll 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 80 unto one Lucia A. HadlOck, by
deed of WARRANTY although said lot So was
then covered by said Rand's said mortgage,
which has never been discharged or 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. SO became eXoncrated from the
operation of the said Rand's mortgage, as
between said Amasa Paine and his grantees
on the one side and the said Lucia a. Had
lock and On, her grantees on the other side
cession of warranty deeds from the said Luel-
la A. Hadlocl and her grantees the said lot
53 had passed to the said George {. Lucier,
before the execution of the petitioners mort
gage, first above described, so that said Geo.
G Lucier and the petitioner then had and
now have the right to have said lot 33
onerated from the operation of the said
Rand mortgage, and the petitioner is entitled
for its two debts first named.
The petitioner further shows that said Su-
L. Percy, b. Franklin Paine. G. w. Bruce
and Charles E. Austin each claim a portion
thereof and said William H BIaisdc1i claims
interest in n part thereof by way of mort
gage or otherwise, and that Charles A. Luci-
and B. Franklin Paine claim some interest,
the character of which is unknown to the pc
ttioner, in some portions of the premises
covered by the petitioners two first named
mortgages, but that their rights subordi-
nate to the rights of the petitioner and said
first mortgages above named. and that the
elusive of lot 33, are sufficient in value to
pay the sum due upon said Rand mortgage
and that the premises covered by the petit
TONERS said first two mortgages, including
saidlot 49, insufficient to pay the sum
due upon the petitioners two first named
mortgages and praying that said Amasa
Paine, b. II. Percy, Susan E. Percy, George
c. Lucier, Lucy A. Lucier, y. Franklin Paine,
William H. Blaisdell, G. w. Bruce and Curtis
E. Austin, may be fOreclOsed of all equity of
redemption i'll 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 peti toners two first named mortgages
and all the premises therein included, in
Guiding said lot 3sS, it may have decree of
foreclosure against the said George {. Lucer
and Lucy A. Lucer and Charles A. Lucier
redemption. and that the petitioner may have
such further relief to the Court may seem
just
And it being made to appear that said de
PENDANTS, George c. Lucier and Lucy A. Luz
cer, reside without this state so that 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, a newspaper published at st.
JOhnSbury, in the County of Called Onia, three
lions to be at least twenty days prior to the
first day of the next term of Caledonia Coun-
ty Court, to be held at ST. Johnsbury, in said
County, the first Tuesday of December, A.
d. 1890 upon which day said defendants
ordered to make their appearance
Dated at ST. Johnsbury, in the County of
Caledonia, October 81, 1890.
HARRY L. HEALD, Deputy Clerk
IDE & QUIMBY, Solicitors.