The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1893-05-11
IN CHANCERY.



fhANh hNos' June Term
an is,a
rAooslo MARBLE COMPANY AID 1878
Wheras, Frank Fnos. Of brooklyn IN the
County ui Kings and state OF New york, hss
died ia The oiilce OF the Clerk O: the Court Il
Chancsry IN tho County OF beDning ton, hts pc
tiiion for foreclosure aeainst The above named
defendants. upon certain lands In the town Of
Ma uche rter, In the County Of Bennington, de-
sefibed In a certain trust deed in the nature Of
mortgage, dated kepternber ist, 1880, executed
by Tsoopic Marble Company 70 Holland Hast
Company, AZ followsA,
A leHse.hold interest under lease, dAisd NAY
9ist A ID. 1883, sod expiring MAY sit, 1885,
nom Douglass II. Dyer, Of the exclusive night
to search FOR quarry aud remove stone IN, upon
and from the home farm OF said Douglass II.
Dyer In said Mapchetter, containing about 100
aoi es more or lees, t
Also . ieare hold interest under . Iesse dsted
June 22nd, 1859, aud erpniug June 22nd, 1883,
from James ". Bowen, OF the exclusive night 10
search for quarry aud remove Stone 10, upon
and from ihe land aud premises the, elm dee
cribed, situated in said Manchester, containing
about 200 acres more OF less. ..t s.sa.
Also three ltase.hoid interests. under leases
conveying the right and privilege TO take aud
convey in pipe or pipes, tho water Issuing IRON
| certain premises therein mentioned, - follows
tAl Lease from Jay Bentley, dated March 9th,
1890, Tor 20 yeaft
mi Lease from EbeD II, Graves, dated March
9Th, 1890, for 90 years,
fo) Lease from Ira Bentley dated March ith,
1890, Tor 80 years: IFg
| All ssid leases being duly recorded 10 the Town
Clerk's q flee OF said town Of Manchester;
Conditioned ftr the payment Of two hundred
and fifty thousand dollars as specified Ia 400
bonds Of 81 900, Zach. dated september lat,
| 1890. with interest coupons attached, payable ~
years after date, with sent annual interest. At 8
per cent. per annumj with provlso. that II
said H. terest IL not paid within sI months after
the came becomes due. then the principal shall
become due al the election OF said trustee.
And y.ur orator AYERS that said defendant has
moi paid the interest on said bonds or any psrt
,heIoof, and the said trustee has elected and
declared 10 writing that the principal OF said
bonds bss become and 10 due.
And yonr orator further AYERS, that he 10 the
owner and holder OF one hundred aud thirty
seven OF said bonds, upon which no interest has
been paid; that he has demanded payment u
the inter, Vt on the same Of said defendant aud
| OF SAID trustee, and they have refused payment
Of the same; and ihertupou your orsor, Owning
majority OF said $50 bonds requested and IN
structed the said Holland Trust Company In
writing to commence proceedings ~ foreclosure
on said bonds; and that said Holland Trust
Company has failed aud refused 10 " do.
And your orator further AYERS, that said de-
fendaDt has no officer, agent or attorney within
the state Of Vermont on whom process can DO
served.
And it appearing that the said defendant re.
sides and IL without the State OF Vermont, 80
that a sbrmna cannot be served upon ~
It'll therefore ordered that said defendant BIO
required to appear on the hrst dsy OF The nett
stated term Of said Court 10 be held At Man
chester, within aud fof said County OF BenDing.
ton, ON The first Tuesday Of Jnne AID. 1893. and
make answer TO said petition: and that the said
Petitioner shall cause this order to be published
10 the Manchester JouRsAL apublo newspaper
printed at Manchester Aforesaid, three weeks,
SUCCESSFULLY, the last OF which shall be At last
tseety days previous 10 the commencement Of
the ategsaid term Of said Court.
Dated al Manchester Aforesaid. this ~ b day
70 Apidl AID. 1898.
HK FOWLER, Deputy CLERK.
JogL @. HaarsI, Solicitor for the Petitioner.