The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1891-04-30
In CHANCERY.
STATE OF VERMONT l
Benz ington County I
CHARLES z. YELLING. 4

STATE OF VERMONT |
Benz ington County
CHARLES z. WELLINGa
HOMER A. LYONS,
ELIJAH d. FILLMORE,
ASAPH p, CHlLDS.
Whereas Charles F. Welirg Of Bennington IL
the county of Bennington and State OF Vermont
has filed In the office oftbe Clerk Of the Court
Chancery in the county OF Bennington, his peti
Wallingford in the county OF Rutland. aud Elijaf
d. + fillmore Gnd A. q III p. Childs of Bennington
in the county Of ] en- linRton, and stete OF Yer
mont, setting forth that Homer A. LYONS de
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. d. 1886
duly executed 10 Charles Z. yelling ldescriteC
rs Chas. +. Wellingl Of Bennington In the county
ofBennington and State Of Vermont, a mortgage
deed Of ctItain land situated in Bennington
aforesaid and described as follows: Bound-d or
the north by lands Of oren d. AUSTIN; east by
Hiram Detin's land about forty rods from Aus
tins south line the west side Of the brook 10
bend In said brock thence crossing No the easI
side Of the brook; thence the east side Of sail
brook on said Der 10 west line TO Ere man Strai
tons land; on the south by lands OF Freeman
Stratton and Barb Chase and IN the west bJ
the centre Of the highway from Town House L
Loren u. Austin, containing about forty acres o.
land be the same more or less Also a certain
piece OF land i, said Bennington being the west
side OF Bald Mountain, bounded north by lands Of
has. n 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 thousand
dollars as evidenced by bis (the 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 pay
able to the said Q. +. yelling, or his assignee
after da'e with inter est, and shall keep the build.
inRs erected on said premises insured AGAINST loss
by tire and assign the p licies to . nd yelling;
Which Is now justly due and owing, and has moi
been paid eccnring to the effect OF the same 10
wit. ne note for nine hundred dollars with inter
est thereon from the 23rd d ~ Of December. A. ID
lSs; aud 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 ID. Fiilm6re
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 IN atthe eoui \
ofredemption Oft the said Homer A. yops. Elijah
ID. tillm, re and Asaph p. Chlds in the premises
may be foreclosed aareeably 10 the provisions or
section seven hundred and sixty OF The Revised
Laws.
And II appearing that the said defendant, are
wlhJut this State so that a subpe "a cannot be
served upon them.
IL Is THEREFORE, ORDERED. that the said de
PENDANTS be required TO appear In court on the
first Tuesday Of be next stated term OF said conr
TO be held at Manchester within and Tor Inc
county OF Bennington, on the first Tuesday N
June, A. ID. 1871, and answer to the said petition
Of the sad Charles Z. yelling, and that said peti
Toner shall eiuse this order to BE- published IN the
bksNiSo1oN Banner, public newspaper printed
81 bennington Aforesaid three weeks suceassIVrly
the last % which publications shall be At least
twenty days previous TO the commencement of
the Aforesaid term cfcOurt.
Dated at y, ming on Aforesaid this 18th day Of
April, A. d. ltgi. -
-. EDWARD J. HALL, Clerk.
q. W. uAsA.aS, Solicitor, a