The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1890-10-23

sntes Ard By vsrsss Of iAs is~s a. ne STATE Q
Ohls, AMI located atA dosrg tassness al he csi,
AZ ClsvelAni 10 sAia e.sis, And also dn.ne basa
pees N pcssst sf3sssA,d. ali the lands, real 90
tate. right. psivi'sges, easements. msohinsr,
and tools 10 rnortgagsd BY ssiA wsst. A. sfore
aid, 10 sAa Kssl aHS Root 10 ssI es ala ,hrs.
mortgages. except the op~iourih interest 10 ,
piece a. hnd IN The mortgage Grst Above men,
toned and described, ~ decided By Troy CT
Nsss0nal Bsnk 10 kani aud Root Marble compa.
~, and upon which 10 iecsiee the Falcon Mar,
bic gasrff, ~ called
Asd further setting forfh ,hsi on the io,h
DAY % April. A. D. isss, ssia Elgia X Vic 4
cold and eanveyed uaio spsn3fd H. West,
aforementioned. one undivided eighth part Of
sud piece Of land. above described. on which
10 located ssid faisom Marble GARRY. % called,
and be thersfofs acqaiisd aud sill ha. an Ia.
ierest in the same. 90 biect io said mortgage.
That on the i7ih tay Of September, A. u
1880 sAid Nstlenal Marble Company sold aud
conveyed 70 said spadefd N. West an0lhsr
piece 81 land. part Of the lands 10 said mort
s.se hrst shove mentioned located ne.r s.id
lot on which 10 located ssid fulsom Marble
GARRY, and he thereby acquired and siill has al
Interest Ia the same, subject and subsequent to
said mortgage.
And further seiilne forth that On The 7lh day
OF August, A. d. 1892. Charles A. Fletcher o.
the city OF Cleveland and IN the State % Ohio,
attached a. the property Of said National Mar.
bic Company. all the real estate IN the town o.
Dorsci, aud also said machinery mentioned In
said nrst-doscriDed mortgage. GA q viii of al.
tschmenI In his favor against said National
Marble Company, returnsble at the December
Term, 1890, o. Bennington Couaty Court. aud
he thereby elaine . hen upon said real estate,
described IN sad mortgage. Add said machinery
subj Get 10 saai mortgage,
That on the lrl day Of September, A. d. 1899,
James Q. Gaiaes Of the city OF Cleveland aiore.
said, attached - the property OF sid National
OF Dorset aud said machinery, on . writ 10 his
favor Against sAid National Marble Company,
retuinaole 1t tue December Term. 1881, Of Ben.
nington County Court. and he thereby claims q
lien upon the real estate snd the machinery do.
scribed In said mortgages. subject to the same.
said Matilda L. shepherd sold and conveyed to
SAID spsnord II. West. by quit claim deed all
her interest, being an undivided eighth part Ia
said piece OF land. on which is located said Full.
som Marble Quarry, and hs thereby acquired
aud stiii has an Interest 10 the same subject and
subsequent to said mortgage.
Aud further setting forth that ON the ith day
OF January, A. ID. 1850, said National Marble
Company dply executed and delivered TO the
American Loan ald Trust Company, corpora
ton duly ors anized aud existing under aud by
vrtae OF the laws OF the State OF New YORK, TO
Gated and doing bnsiness In the city, County
and state OF New York, as trustee, q mortgage
deed OF All the real estate, lands, rig hts privi
ieges, easefnenls and machinery that was
mort gagged by said spaford II. West said Kent
and Root Marble Company ~ Aforesaid. ty the
three mortgages hereinbefore mentioned lex.
cept ANAL portiont thereof conveyed TO said
vest BY said National Marble Company, Egin
X. Wilcox and Matilda l. shepperd, AZ herein
before stated, which said mortgage was given
to secure the payment OF one hundred coupon
bonds OF the par value Of u 900 esoh and made
pay able 81 the American Loan and Trust Com
maj In In 40 Af Ma I.ai,
said mortgage is recorded In volume %, pages
l75 10 1888. inclusive, Of land records OF Dorset
Aforesaid,
And further Getting forth that they are in.
formed aud believe that, aud therefore aver
that, said Elgin X. Wilcox 10 the owner and
holder OF said one hundred bonds, but II any OF
them are held By any other person or persons
these petitioners have no knowledge, iuforma.
tion or belief As to who such persons m ~ De.
Aud your petitioners therefore say that BY vir-
tue Of said bonds and NOR gage sAid American
Loan and Trust Company and said Elgin X
Wilcox claim an interest In said mortgaged
premises subsequent and subject 10 your peti.
tloners' thre mortgages.
And praying that the equity OF redemption
OF the said National Marble Company, Spafford
II. West, Egin X Wilcox, Charles W. Fletcher,
James y. Gaines, American Loan and Trust
Com pany In said lands, real estate, rights priv.
ileges, easements and machinery may 90 lore.
closed sgreebly to the provisions OF section $50
Of the revised laws
And giving notice to the defendants herein |
that they Will move the court TO limit the time
Of this foreclosure 10 . short period and les 8
than one year.
And it appearing that the National Marble |
Company. Egin K. Wilcox, Charles W. Flelher,
JamesC. Gaines and American Loan and Trust |
Company reside without the State 90 that 4 |
subpoena cannot be served upon them, IL 10 or
dered that said National Marble Company, FL |
gin X Wilcox, Charles W, Fletcher, James @. |
1aines, and America Loan and Trust Company
be required TO appear before the Hon. Court OF
Chancery next TO be holden At Bennington, in !
md for the County Of Bennington, on the first |
Tuesday in December, A ID 1890, and make an
'wer to said petition, by publishing the sub |
'taDce o. said petition, together with this order,
hres weeks excessively III the Msnch ester |
IouRsAL.a public newspaper, printed at said |
the last Of which publications shall |
be 1t least twenty days prior 10 the first Tues. |
day OF December next
Given under my hand at Bennington. In said |
,oun ty, this Goth day Of October, A, d. 1890.
EDWARD J. HALL, Clerk. |
z BATcHEIDER & EAlBE8
Solicitors for Petitioners. 1913