St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1890-10-23
Notice in Chancery.

Whereas. the Passumpsic Savings Bank. To-
Gated at st. ohnsbury, in the county of Cal
| edonia, has filed in the office of the Clerk of
Caledonia County Court of Chancery against
Amasa Paine, b. IL. Percy, George {. Lucier
Blaisdell, G. w. Bruce. Curtis E. Austin and
G A Lucier its petition for foreclosure, set
and Lucy A. Lucier of Boston in the county
of Suffolk and State of Massachusetts, De
| cember 10. 1856, 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 &. X. Bartlett and B. f Paine to
said G. {. I-ucier by deeds dated November 3,
1884, and y pril 3, 1885, and recorded Book
6, page 1 81 and 1877, Jay Land Records sup
posed to contain 40 acres; also the East half
in said South Division. supposed to contain
in all 70 acres, be the same more or less.
Conditioned for the payment of note of
the same date said mort gage, signed by
the said G. c. Lucier, for the 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 an
uary, 1890.
And that on the 18th day of July, 1887
said George {. and Lucy A. Lucier duly
cuted to the petitioner another mortgage
d ed of certain pieces of land situated in Jay.
aforesaid, and described as follows, viz: ''An
that part of Lot No. 23, decided by b. F.
Paine to said G. c. Lucier by deed dated
April / 3, 1885, and recorded in Book 6, page
1SS ofJay Land Records, supposed to
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 c R Bart
lett to said G. C. Lucier by deeds dated No
corded in Book 6, pages 81 and 1877, of Law
Land Records all in that part of Jay origi-
supposed to contain $50 acres.
Conditioned for the payment of n promis-
sorry note for $3.50, dated July IL, 1887,
to said Bank, with interest semi a nnua1ly
which last named note, together with the in
terest thereon from January 1, 1890, is still
due and unpaid.
And that the 14th day of IAN, 1880
said Amasa Paine, duly executed to Will
liam H Rand, a mortgage deed OF certain
land, situated in Jay aforesaid, described
follows, viz: "25 acres off of the South end
of lot No. 80, % acres off of the North end of
lot No 81, the whole of lots No. 49, SO, A.
so and Go, all of said lots being situated in
the South Division lands in said Jay, and
supposed to contain $50
Conditioned for the payment of one prom
issory note for the sum of $4,000, dated Jan
uary IA, $50, payable with interest annual
ly to the said Rand, or bearer, and signed by
said Amasa Paine; upon which last named
viz: On February Z. SS4, 5000, March
IA, 1885, $3O1.79, on Sept. %, 1885, $11OO,
note is still due and owing and has not been
paid according to the effect of the same
winch 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 80 unto one Luella A. Hadock by
deed of warranty, although said lot 33
then covered by said Rand's said mortgage,
which has never been discharged or released
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. 33 became eXOnerated from the
operation of the said Rand's 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 sue
ceSSion of warranty deeds from the said Luel-
la A. Hadlock 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 ex-
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-
san E. Percy, b. Franklin Paine. C. w. Bruce
and Charles E. Austin, each claim a portion
thereof and said William H. Blaisdell claims
interest in a 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
titioner, in 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
premises covered by said Rand mortgage, ex-
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
due upon the petitioners two first named
mortgages and praying that said Amasa
Paine, b. II. Percy, Susan f. Percy, George
c. Lucier, Lucy A. Lucer, r. Franklin Paine,
William H Blaisdell, G. w. Bruce and Curtis
Z. Austin, may be foreclosed 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
and all the premises therein included, in
Guiding said lot 49, 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 short time of
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 Iucier and Lucy A Luz
cier reside without this state that cita-
ton cannot be served upon them, 1T Is ordered
that notice of the tendency of said petition
be given them by publication of the substance
Caledonian, a newspaper published at st.
Iohnsbury, in the County of Caledonia, three
weeks successfully. the last of which publica-
tions to he 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. $50 upon which day said defendants are
ordered to make their appearance
Dated at st. Johnsbury, in the County OF
Caledonia, October II 1890
HARRY l.. HEALD, Deputy Clerk
@ q II @..r..