The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1893-04-27
IN CHANCERY.

lin CHANCERY.
FRANK ENos,
TACohlc MARBLE COMPANY. Al 1875
Whereas, Frank Fnos, Of Brooklyn In the
County OF Kings and state OF New York. has
died in the office OF the Clerk OF the Court Of
CbAneery IN the County OF Bennington, his pc.
tition for foreclosure against the shove named
defendants, upon certain lands In the town of
| Manchester, in the County OF Bennington, de.
| scrlbed IN 4 certain trust deed In the nature OF
a mortgage, dated september LIST, 1890 executed
| by Tacouc Marble Company TO Holland Tust
| Company, rs follows
| A Iease.hold interest under lease, dated NAV
3lst ID. 1883, aod expirli Z May 3lst, 1888,
| nom Douglass H. Dyer, OF the exclusive right
| TO search for, quarry and remove etone In, upon
and from the home farm OF said Douglass IL
Dyer in said Manchester, containing about $50
aci ca, more or less.
| Also q lease hold interest under lease dated
June 22nd, 1889, and expiring June 22nd, 1888
| from James w. Bowen, OF the exc lusye right 10
search for, quarry and remove stome in, upon
| and from the lnnd and prniises the Elm des
cribed, situated 10 said Manchester, containing
about 2O0 acres, more or less,
Also three lease.hold interests, under leases
conveying the right and privilege to take and
convey in pipe or pipes, the water issuing from
certain premises therein mentioned rs follows:
tAl Lease from Jay Bentley, dated March 9th,
1890 Tor 80 years:
IN Lease from Eben II, Graves. dated March
9th, 1890, for 80 years5
tol Lease from Ira Bentley, dated March 4th,
1890 for 80 years:
All said leases being duly recorded in the Town
Clerks Cf,lce Of said town Of Manchester.
Conditioned Tor the payment OF two hundred
aud nifty thousand dollars as specified In $50
bonds OF $1,000, each. dated September lst.
1890, with interest coupons attached, payable 20
years after date, with semi.annual interest. at 6
per cent. per aDnum; with prOyiso, that il
said Interest IL not paid within six months after
he ZANE 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 inierest on said bonds or any part
thereof, aud the said tus ee has elected and
declared IN writing that the principal Of said
bonds has become aud is due.
And yonr orator further AYERS, that he ia the
owner and holder OF one hundred and thirty.
seven Of said bonds, upon which no interest has
been paid that he has demanded payment OF
the interest on the same OF said defendant and
OF said trustee, and they have refused payment
Il the ssme; and thereupon your orator, owning
n ma ority OF said $50 bonds reauestsd and in |
strucled the sAid Holland Trust Company in |
writing to commence proceedings in foreclosure |
ON said bondri and that said Holland Trust |
Company has failed aid efuscd no to do.
And your orator further AYERS that said de- |
fendant has no ofil,er, agent or attorney within |
Z be state OF Vermont on whom process can be |
served.
AID Il appeIn that the said defendant re.
sioes aud II without the state OF Vermont, so
that tbIm cannot be served upon IL.
IL lie therefore dered that said defendant be
f,quil ed Ia appear on the fret dag OF the next
stated term Of sal Court 10 be held at Man.
chester, thin aud Tor said County OF penning.
ton, 81 ! be fret Tuesday OF Jnne A ID 1893 and
make answer to said pc ition; and that the said
petitioner shall cause this order 10 be pu blished
IN the Manchester JOURNAL public newspaper
printed al Manchester afote, ard, three weeks
successfully, the last OF which thAll be at least
tvtniy days pr. vious 10 The commencement of
the Aforesaid Term Of said Court.
Dated at Manchester Aforesaid, THE goth day
u Apii AID 1888.
II. X. FOWLER. Deputy CLERK.
JONI .. BAKEE. solicitor for the Petitioner.