The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1893-05-18
IN CHANCERY.

| N vi ANCEhI
BENNINGTON Cousrr
FRANK ENos, ,,no r.,m
TAcoNlo MARBLE COMPANY. AID 1879
Whereas, Frank Enos, Of Brooklyn In the
County OF Kings and State OF New York, has
Hled in the Office Of the Clerk o. the Court u
Chsnoery IN tho County OF Benning ton, his pc.
tition for foreclosure against tho above named
defendants, upon certain lands IN tbe town OF
Manchester, In the County Of Bennington, de.
scribed In a certain trust deed la the nature OF
a mortgage, dated september Isl, 1890, executed
by Tacouio Marble Company to Holland nust
Company, as follows
A leste.hold interest under a lease, dated May
3lpt A D. 1889, sod expiring May 3ist. 1888,
iiom Douglass II. Dyer, OF the eIciusiye right
10 search for, quarry and remove stone IN, upon
and from the home farm Of said Douglass n,
Dyer in said Manchester, containing about 100
aci es, more or less.
Also leato hold interest under q lease dsted
June 22nd, 1880, and expiring June 22nd, 1888,
from james W. Bowen, of the exc iusiye right 10
search for. quarry and remove Stone In, upon
and from the land and premises the elm dos
crbed, situated in said Manchester, containing
about 200 acres, more or less.
Also three lease hold Interests, under leAses
conveying the rigb and privilege 10 take and
convey in pipe or pipes, the water issuing from
certain premises therein mentioned as follows:
az Leaso from Jay Bentley, dated March 9th,
1890 Tor 80 year;
tp) Lease from Eben II, Graves, dated March
9th, 1890, for 90 yearsS
(c) Lease from Ira Bentley, dated March 4tb,
1890. for 10 years:
All said leases being duly recorded 10 the Town
Clerk's oiiice Of said town Of Manchester
Conditioned Tor the payment Of two hundred
and fifty thousand dollars ~ specified In $50
bonds Of VI 600, each. dated september lat,
1890, with interest coupons attached, payable 10
years after date, with semi-annual interest, 1T q
per cent. per aDnumi with proyiso, that II
said interest 10 not paid within siI months after
the ssme becomes due then the principal shall
become due at the election Of said trustee.
And your orator AYERS that said defendant has
not paid the interest on said bonds or any part
thereof, and the said trustee has elected aud
declared In writing that the principal Of said
bonds has become aud la dus.
And your orator further AYERS, that he IL the
owner and holder VI Que hundred aud thirty.
seven OF said bonds, upon which no interest has
been paid; that he has demanded payment II
the interest on the same OF sad defendant and
OF said trn.tee, and they have refused pay ment
Of t6e same; and thereupon your ora or, owning
4 masorjty OF said $50 bonds requested and IN,
struc,ss The said holland Trust Company 10
~itt,ag, TO sOmmeDce proceedings IN foreclosure
on said bonds and that said Holland Trust
Company has failed and refused NO 10 do
And your orator further AYERS, that said de-
iendsnt has no officer, sgent or attorney within
ihe sthte W 'cihoHb w Nhpm Ptooehs eau w
served,
Ard II appearing that The said defendant 70.
sioes and II without the state OF Vermont, 20
that OBJ % cannot be served upon II
Ii is therefore ordered that said defendant be
=, quifed TO appear On the first dsS of tbs nert
stated tenn OF said Court to be held At Man
within aud for said County Of BeDDIDg.
ton, on be first Tuesday u Jnne ID, 1893 and
make answer 10 said pc Iitionf and that the said
petitioner shall cause this order 10 be pn biisbod
10 the Manchester Journal spubilc newspaper
printed II Manchester Aforesaid, three weeks,
sncce ssiyey, the last Of which shall b. Al least
the aforesaid term of said Court.
Dsted al Manchester Aforesaid, this 26tb day
10 April AID. 1893.
II. X. FOWLER. Deputy Clerk.
JOEL @. BAKER. bolcitoI for tbs Petitioner.