The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1893-05-04
IN CIIANcERY
B,ssisaros Cocsry.
fhANN 'No'' June Term
10 ,.pp,p c,.p.sv AID, lNA

fhANA HNo'' June Term
rAoosIo MARBLR COMPANY AID 1873
Hlras, Prank Enos, Of brooklyn III The
Ooun,y OF Kings and state Of New yort has
ned 10 the flee OF the CLERK OF the Courl d
Chsncefy IN the tounty OF Bennington, his pc.
tiiion for foreclosure against The shove nam,
defendants, upon certain lands In the town 4
Manchester, In the County 81 lssnnington de.
scribed IN = certain uust deed in the nature Of
q mortgage, dated teptember ist, 1890 slccated
by 1rcopc Marble Company 10 Holland na.,
Company, ss follows! "
A I.ate.holi interest under lease, dated Nay
Stat A d. 1859, sod elpiripg Mar ai-1 1855,
nom Douglass II Dyer, Of the s,olnsive right
to search Tor, quarry aud remove stone IN, npln
and from the homo farm VI ssM Doagiass II,
Dyer in -aid Manchester. containing abont 40
Alec lea,e hold interest under lease d,ied
June 22nd, 1859, and expiring juno 22nd, lpss,
from James W. Bowen, o. the exclusive right 10
search for, quar-, and remove STONE 10, upon
aud from the land and premises this ein dcs
eribed, situated in said Msncb eater, containing
about 900 acres, more or less.
Also three snse.hold interests. under leases
conveying the right and privilege 10 take aud
convey IN pipe OF pipes, the water issuing from
certain premises therein mentioned, ~ follows.
tAl Lease from Jay Bentley. dated March 9Th.
1880 for 80 year..
9Th, 1890, for 90 yesrs!
lc) Lease from Ira Bentley. dated March All.
1870, for 10 years:
All said leases being duly recorded ip the, Town
Clerk nice Of said town Of Manchester
Conditioned hr the payment Of two hundred
aud fifty Thousand dollars ~ specified In 2j0
bonds Of 81 900, zach, dated september lat,
1890, with interest coupons attached, payable 10
years after date, with semi. annual interest at 4
per cent. per aDnum; with = provlso. that II
said IL terest is not paid within eli mouths after
the same becomes due. then the principal shai
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, aud the said trus 90 has elected aud
declared IN writing that the principal Of said
bonds has become and 10 due.
And your orator further AYERS that he 10 The
owner and holder Of one huusred and thirty.
seven OF said bonds, upon which no interest has
been paid; that he has demanded payment u
the inter, vt ON the rame OF SAID defendant and
OF said trustee. and they have refused payment
q the same: and tfereupon youf ora or. opniul
Z majority OF said $50 bonds requested and ~
strnc,ed the said Holland Trust Compkny Ia
sIting 10 commence proceedings In fui sciosufe
Company has failed and refused 10 70 do.
And your orator further ayers. that said de-
iendant has no officer, agent or attorney within
the state Of Vermont on whom process can be
served.
Ard II appearing that the said defendant r..
sides and II without the state OF Vermont, so
that tbj IN q cannot be served upon ~
IL 10 therefore ordered ihst said defendant be
n CURED 10 appear on the nfst dsy Of The next
stated tenn Of said Court 10 be held u Man.
chester, W thin aud Tor sail County Of Bssning.
ton, IN The first Tuesday Of Jnne AID. 1898 aud
make answer TO ssid peiitions sDd that the said
petitioner shall cause this order TO be publshsd
In the Manchester JOURNAL public newspaper
successiyely, the last Of which shall DO at lsAat
twenty days previous 10 ths commenosment of
The aforesaid term Of said Court. -
Dated a. Manchester Aforesaid this 26 day
~ April AID. 1888.
II. X. FOWLER, Deputy CLERK
JoEL @. BAKER, solicitor for the Petitioner,