The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1891-04-23
IN CHANCERY.

STATE OF VERMONT
Benz ington County
CHARLES e. YELLING
vs..
HOMER A.LYONS.
ELIJAH +. FILLMORE,
ASAPH z HlLDS.
Whereas, Charles Z. yelling OF Remington in
he county OF Bennington and State Of Vermont
has filed in the Office ofihe Clerk Of the Court Of
Chancery in tn county Of Bennington, his peti-
ton for inrecl sure against Hon e. A. Lyons Of
Walingford in the county OF Rutland, and Elijah
D. Fillmore nj Asaph p Childs of Bennington
in the county Of Bennington, and State Of Yer
mont, setting forth that Homer A. Lyons de
>cribed as Homer A. Lyon them OF Bennington
in the county If Bennington and State Of Yer
mo It on the eighth day OF November A. d. 1885
duly eNecu ed 10 Charles L. yelling deserted
as Chas E. welling Of Bennington In the county
Of bennington and State Of Vermont, a mortgage
deed OF ltain land situated in Bennington
aforesaid AMI described as fol Ows Bound on
the north by lands OF Oren ID. Austin; east by
Hiram De- los land about forty rods from Aus
tins south line, on the west side Of the brook to
bend In said brook; thence crossing 20 the east
side Of the brook thence on the east side Of said
brook on said Deiios west line TO Fre man STRAIT
toms land; on the south BY lands Of Freeman
Stratton and Barb chase and n the west by
the centre Of the highway from Town House to
Loren u. Austin, containing about forty acres Of
land be the same more or less Also a certain
piece Of land IT, said Bennington being the west
side OF Bald Mountain, bounded north by lands OF
mas ri NNls tAAt DN Janus OF nun Chandler.
south by lands Of Barber Chase; west by lands OF
Elhanan StrattOn, containing ten acres.
Conditioned for the payment Of one thou sand
dollars as evidenced by his Che said Lyons)prom
missory note or notes for said sum or may be BY
any renewals Of the said notes OF all or any part
thereof or addition THERETO OF the said sum paw
able to the said C. Z. yelling, or his assignee
sfter dae with inte est, and shall keep the build.
ings err cted on said premises insured against loss
by fire and assign the pnlicies to said yelling;
Which Is now justly due and owing, and has not
been paid acc iruing to the effect OF the same to
wit, one note for nine hundred dollars with inter
est thereon from the 23rd day Of December. A. d.
lsSS; and one other note for one hundred dollars
with interest thereon from the 23rd day Of Decem
Der, A. D. lsss; both notes made and delivered In
accordance with the condition OF said MORTGAGE
And further showeth that Elijah d. Fillmore
and Asaph P, Childs Of said Ben 'ngton Jointly
and severally claim some sort Of interest IN said
mortgaged premises derived since the execution
OF said mortgage deed And praying tha tthe eoui y
ofredemption ofthe said Homer A. yOns Elijah
ID. ilmt re and Asaph P. Childs In the premises
may be foreclosed agreeably 10 the provisions Of
section seven hundred and sixty OF the Revised
Laws.
And it appearing that the said defendan., are
cut this State so that a subpela cannot be
served upon them.
IT. Is ThEREToaE ORDERED, that the said de
trndants be required 10 appear In court On the
first Tuesday Of he next stated term OF said court
10 be held at Manchester within and for the
county OF Bennington, on the first Tuesday II
June, A. ID: lssl and answer to the said petition
Of the said Charles E. yelling, and that said petit
toner shall fuse this order IN be published n the
BENNTsa1 OK BANNER, public Newspaper printed
at Bennington Aforesaid three week, successfully
the last OF which publications shall be At least
twenty days previous to the commencement OF
the aforcsri Id term cfcourt.
Dated at Benning on Aforesaid this 18th day Of
April, A. ID. 1871.
G. W. BARMAN, soiiei,ot." " "Ai- T