The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1891-04-16
IN CHANCERY.


STATE OF VERMONT
Ben! ington County
CHARLES E. wELLING.l
HOMER A.LYoSs,
ELIJAH +. FILLMORE.
ASAPHP tHiLDS.
Whereas, Charles F. Welirgof Bennington In
the county of Bennington and State OF Vermont
has filed in the office ofihe Clerk of the Court
Chancery in the county OF Pennington, bis peti
tinn for inrecl sure against Home 4. Lyons Of
Wallingford in the county Of Rutland, and EliiaN
D. Fillmore md Asaph p. Chds Of Benningto
in the county Of Bennington, and State Of Yer
mont, setting forth that Homer A. Lyons (lt.
scribed as Homer A. Lyon them OF Bennington
in the county Of Bennington and State Of Yer
mont on the eighth day OF November A. ID. 1885
duly execu'ed to Charles Z. yelling deserted
as Chas. E. Wellingl Of Bennington in the county
Of Bennington and State of Vermont, q mortgage
deed Of c,1tain lard situated in Bennington
aforesaid ami described as fol ows: Bound d on
the north by lands OF I oren d. Austin; east by
Hiram Deria'S land about forty rods from Aus
tins south line, ON the west side Of The brook to
bend in said brook; thence crossing 40 the east
side Of the brook thence on the east side Of said
brook on said Deuio's west line to FIe man STRAIT
tons land; on the south by lands Of Freeman
S.rattOn and Barb' Chase and n the vest By
the centre Of the highway from Town House 10
Loren D. Austin, containing about forty acres OF
land be the ZANE more or less Also a certain
piece Of land H. said Bennington being the west
has. II ell; east by lands OF Hull 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 evidenced by his Ohe said IL ous)prom.
missory note or notes for said sum or NAV be by
any renewals Of the said notes OF all or any part
thereof or addition thertto Of the said sum pay
able TO the said o. +. yelling, or his assignee
after da'e with inter est, aud shall keep the build
ings err cted on said premises insured AGAINST loss
by fire and assign the pulicies to I'D Wellinx;
Which is now justly due ard owing, and has not
been paid ace ing 10 the effect Of the same TO
W.T. enc note for nine hundred dollars with inter-
est thereon from the 23rd d " OF December A. D.
lsSs; and one other note r. one hundred dollars
with interest thereon from the 2srd day of Decem
ber A. ID. 1855 both notes made and delivered In
accordance with the condition OF said mortgage
And further showeth that Elijah ID. Fillmore
and Asapl P, Chllds Of sid Rem n ston jointly
and severally claim some sort of interest In said
mougaged premises DERIVED since the execution
OF said mortgage deed Aud PRAYING th atthe eoui I
OF redemption ofthe said Homer A. yons Elijah
ID. , lin, re aud Asaph P. Childs In the premises
may be foreciosed agrreably to the provisions OF
section seven hundred and sixty OF the Revised
Laws.
And it appearing that the said defendants are
without this state so that suhpOR a .nnot be
served upon them.
II IA THEREFORE, ORDERED. that the said de
PENDANTS be required 10 appear in court n the
first Tuesday Of be next stated term o. said court
10 be held at MAJ chester within and for the
county OF Bennington, on the first Tuesday { (
june 4. ID. 1891, and answer to the said petition
d the said harlss Z. yelling, and that said peti.
TONER shall cause this order 10 Be published IN the
BENNlSo1oS Banner, public newspaper printed
At Bennington Aforesaid three week. successfully
the last OF wi ich publications. shall b. ai least
twenty days previous to the Commen,em eht OF
The azores ID 4 rm cfcourt.
Dated az B, IN ng'on Aforesaid this 18th day Of
April, A. d. t.9l.
g. ". HARTMAN, so'i,itos. IS