The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1892-04-22
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IN CHANCERY-BENNINGroN COUNTY.

June Term, 1852.
BETSY CUMMINGS,
PATRICK POWERS,
MORTIMER CULLITON,
ISAAC SURDAM,
Whereas, Betsey Cummings of Bennington in
the County of Benning and State of Vermont has
fled in the office Of the Clerk of the Court of
Chancery in the Comfy of Benning, her petition
for foreclosure against the above named defend
ants. upon certain lands in the town of Benning-
ton in the County Of Bennington, described in a
certain mortgage, dated March 10th, 1875, exc
cuted by Patrick Powers and james Powers to
Paul NJ. Saunders as follows: Bounded on the
north by the old highway; on the east by lands
of Henry Baker and on the south aud west by
lands owned by the said Paul NJ. Saunders con-
tanning about six acres ofland, be the same more
or less il being the premises upon which the
said James now resides and which the said Saun-
ders formerly conveyed to said James Powers"
And being all and the same lands and premises
on which the said Betsey Cummings bow resides
conditioned for the payment Of the sum of one
hundred dollars one year from the date of said
mortgage deed specified in one certain promis-
sorry note bearing date the 10Th day of March,
1875, executed by the said Patrick Powers and
James Powers TO the said Paul NJ Saunders or
bearer, for the sum Of one hundred dollars with
interest thereon annually, which is now Justly
due and owing with large arrear Of interest
thereon, and has not been paid according to the
And the same has been duly assigned to the pc
titioner
That at the time of the execution of the afore-
said mortgage the said Patrick Powers was the
owner ofthe fee of said mortgaged lands and
that the said James Powers and wife, both now
deceased, had life estate therein.
That aftei the execution of the aforesaid mort
gage the said Patrick Powers executed second
mortgage of the same lands TO Isaac Surdam of
Bennington aforesaid but that said Surdam has
no interest in said nortgaged lands although he
may claim to have.
That Mortimer Culliton of Bennington afore-
said claims some interest in said mortgaged lands
in virtue of said mortgage to Surdam-o r by some
alleged assignment thereof or by subrogation 10
the rights Of said Surdam under said mortgage to
him, or otherwise, but in truth and in fact said
Culliton has no interest in said mortgaged lanCs
That said Patrick Powers resides and is with
out this State in parts to the petitioner unknown.
And praying that the equity of redemption Of the
said Patrick Powers, Mortimer Culliton and
Isaac Surdam In the premises may be foreclosed
agreeably to the provisions of Section $50 OF the
Revised Laws.
And it appearing that said defendant, Patrick
Powers resides and is without the State of Yer
mont, So that asubp9na cannot be served upon
him.
It is therefore ORDERED, that said defend
ant be required to appear on the first day Of the
next stated term of said Court to be held at Man
chester, within and for said County OF Benning
ton on the first Tuesday Of June A. D., 1892 and
make answer to said petition; and that the said
petitioner shall cause this order to be published
In the Bennington BANNER, q public newspaper
printed at Bennington aforesaid, three weeks
successfully, the last of which shall be at least
twenty days previous to the commencement Of
the aforesaid term ofsaid Court.
Dated at Bennington aforesaid, this 10th day Of
April, A. D., 1892.
HARRISON L NORTON, Deputy Clerk.
SHELDON & CUSHMAN,
IA Solicitors for the Petitioner.