Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1893-07-07
PETITION IN CHANCERY.

It | lDN IN I ii y NJ EN- Y.
STATE or VERMONT, Essen County Court,
ESSEN COUNTY. IS ! Sept. Term 1899.
Martin u. Lndd ". ALBANIA Cate aud Mnry
Gate.
Whereas, Martin Il. Ladd of brighton. in
tho County OF Essex, and State ot Vermont.
has flied in Essex County Clerks Once his
petition setting forth. in substance. that On
the 9th day OF May y. u. 1888 the petit
tiunrr duly executed to said ALBANIA cate a
contract uHGcr seal to decd To said Gaze IA
certain piece of land III sand Hilxhtun dc
scribe! "a follows. viz. Commencing at II
point on the east side oi Dc rby street ON the
Charleston rOud Mt the south west corner OF
Charles MHgccS Land, thcuce in straight
line to land owned by !. <. Farmer, thence
in Il south west direction along said Farmers
land to land c wncd by Il. NJ. MaESur. thence
westerly along said Mausur'S land to said
street or road. thence nuTthtrly along said
road to point oi beginning. upon the cond,
tionS that the said Albania Cate pay to the
petitioner the sum OF two hundred and TWEEN.
ty.tve dollars III the following instruments
Five dollars at the end OF each and every
month from the date hereof tor four months /.
then fifty dollars ut the end Of every year
from the 10th day OF september lSNS. until
all is paid. and upon the pay mcut OF the same
then the petitioner was by \ good and sufi-
Cicnt warranty deed to convey the above dc.
sCriOcd land to said Cate. defendant, and up
on failure Of the SAID Cate to perform tho
conditions ct payment on his part to be per
formed then il shall I've lawful for the Icti.
tioner To declare the contract forfeited and
| vacated. and to rc.cEtrr upon and take pos.
! session of the premises and all buildings. and
| to sell aud dispose OF the same and the petit
! tiuncr alleges that the said ALBANIA Cate has
not performed and kept the conditions ui
said contract on his part to he performed
and kept. but that there is now due aud uw.
| ing on SAID contract from said Cate to the
! petitioner the sum ut two hundred and fifty
| dollars which has not been paid according To
| the effect of the same.
he nrftt tnFt he al Ih,i nj
bana Gate and Mary Cate, wife Of said Al.
buna Cate. then OF sad brighton. but now
| ct Rumiurd. III the County OF oxford and
! State OF Maine, on the eth day of December
| 1898 duly executed to J. (. Fogg and X T.
| BiCklOrd, both ot said brighton, "A mortgage
deed of the above described land aud prem
Uses conditioned for the payment OF three Ger
tain prUmiSSory notes III writing, bearing
same tie with aid deed, viz. One note tOI
the sum OF one hundred dollars payable II
one year from date, one note Tor the sum O
one hundred and fifty dollars pay able in tive
years; one note tor the sum of one hundred
and hfty-ninc dollars and forty-cght cent?
| payable Ill three years from date, all made
payable to said FoEG X Bickiord or thcii
| order with interest annually, and signed by
said ALBANIA Cate, then said deed shall III
null and void, otherwise to he and remain il
full force and effect. There is now due unC
owing ON said notes, including interest, tn,
sum OF five hundred and forty dollars which
has not been paid according to the effect q
the same.
And tue petitioner iurthCr alleges that on
the 2Sth day OF october 1890, said FogG <
Bickiord tor a valuable consideration dull,
assigned to the petitioner said notes anI
mortgage, and that the petitioner is now tn
actual owner and poSScssor of the same
Wherefore the petitioner prays that the cqui
ty OF redemption OF the said ALBANIA Cat
and Mary Cate, wife OF said ALBANIA Gate, j,
the premises may be torccloscd ngTccably I,
the provisions OF law, and that the Honor
. able Court OF Chanccry will make such uthc
and further orders and DEGREES in the prem
Uses as shall appear just and reasonable.
And it being made to appear that the sal
) ALBANIA Cate and Mary Cate arc out of thi
State so that subpoena cannot be serve
on them, notice is hereby given to the sal
= ALBANIA Cate and Mary Cate, and they ar
hereby required to appear before the Cour
Of ChanCery next to be held at Guidhall /
and Tor said Essex County, on the thir
Tuesday OF September. a. u. 1898, then an
: there to answer said petition and abide tn
orders and DEGREES which shall be made thcr,
in. And the petitioner is directed to caus
this order and the substance OF said petitio
; to be published three weeks successfully /
the Essex County HERALD, II newspaper pull
lShed ut Island Pond in said County
Essex, the last of which publications shall
at least twenty days previous to said thir
Tuesday of September, A. u, 1893.
r Dated mt Guildhall this 10th day of June
A. ID, 1898. GEO. A. HUBBARD, Clerk
Il. NJ. MANsUR, Solicitor.