Bennington semi-weekly banner. (Bennington, Vt.) 1894-1902, 1894-08-24
IN CHANCERY.
PETER HARMON,
STATEOF VERMONT,
BENNINGTON
COUNTY.
IN CHANCERY.

J EN-, NE r. n; MELDON, BENNINGTON
MARY ". KEnI COUNTY.
JOHN +. PRINCE. IN CHANCERY
Whereas, "eter Harmon of Dandy in the county
ofRutland and State of Vermont has filed in the
office of the clerk of the Court of Ohancpry with
in and for the county of Bennington his bill of
complaint against Elsie A. Kent and Mary w
hsent, ooYh Oh DoiseI "a Tue county oi Denl.ngvon
land in said county of Rutland, and Samuel F.
Prince and John F. Prince, both of Philadelphia
Ala .,4o STATE " EuILsJ .aDia.
Setting forth in substance in said bill that in
the year 1881 and for several years prior thereto
the defendant Samuel F. Prince and one Duane
l. Kent wore pertners in the business of quarry
ing and manufacturing marble ct Dorset. in the
county g. Rrnnin4 ton, and owned tenants in
commu". H0d used in the carrying on of said
business, certain parcels Of real estate located at
SAID Dorset, her. matter more fully described
That the firm name of said partnership was d.
II. Kent and Company. and as such so continued
to transact said business until the death OF the
said d. l.. Kent, in the month Of May, 1882
mat the orator was employed as y labOr~r by
said hrm. for several years prior to the death of
the said D. L. Kent and during which time he
loaned said firm divers sums of money; and at
the time of the decease of said D. l.. Kent. the
said firm of D. l.. Kent and Company was indebt-
ed % the orator in the sum of two thousand dol
lars for which sum the orator held the promis-
sorry notes of said firm:
That the defendant Elsie A. Kent is the widow
OF the said ID l.: Kent, and said defendants Jennie
Il. Meldon and Mary w. Kent are the children
and heirs at law Of the said D. L. Kent
That soon after the death of said D. L. Kent
his said widow and heirs at law sold and convey
ed by valid deed of convey ance to the defendant
John F Prince the interest Of said D. L. Kent
deceased, in and to the real estate hereinafter de.
scribed, which said deed was also executed by J.
w. Cramton, administrator of D, l.. Kent de-
ceased and also sold to the defendant John F.
Prince, the interest of the said deceased in the
personal estate OF said firm, the defendants Elsie
A. Kent Mary w Kent and Jennie K. Medon
Chen Jennie E. KentO taking as part payment
therefor, promissory notes of the said John F.
Prince and Samuel F. Prince for the sum of
twenty-five thousand dollars, dated April End,
1855, PAYABLE to the order of the said Elsie A..
Mary W. and Jennie E.; and that. on said last
mentioned date the said Princes executed to the
said EAie, Mary and Jennie and the said admin
tstrator, II bond binding themselves to pay the
debts of said firm of D. L. Kent and Company;
and that to secure the payment of the aforesaid
notes Fnd the annual interest acrruing thereon,
and the performance of the condition of said
bond, the said John f. Prince, on the 18th day Of
april 1885, duly executed to the said Elsie A,
Mary w. and Jennie Z. a mortgdge deed of said
real estate, which is situate in the town or Dor.
set aforesaid and described as follows. to wit:
Being an equal ndiyided half of certain pieces
and parcels OF undivided land in said town Of
Dorset comprising all the lands and premises in
said town which were formerly owned by Samuel
f. Prince and d. L. Kent as tenants in common
or as co-partners doing business under the firm
me- me and style of d l.. Kent and COMPANY
Together with certain rights privileges,
easements, rights of way, rights of water dump
ing rights on ground rights to cut wood etc an
purtenant to all or part of said premises; also,
covenanting in the condition Of said mortgage to
keep the said equal, undivided half of the build
inG standing on the two pieces of land first de-
scribed in said mortgage deed, duly insured to a
reasonable amount, TO pay the premiums and ex-
penses OF such insurance, and to keep the poll
cies thereof assigned to the said Elsie A., Jennie
o. and Mary w. their administrators or assignees,
for the benefit of said mortgage:
And further setting forth that the said d. l..
Kent was solvent at the time of his decease, and
that money and other property to a large amount
were distributed to his said widow and heirs,
from his estate, but that the orator did not pre-
sent any claim before the commissioners appoint
ed on the estate, because he was requested not
TO do so by the said defendants and their agents,
and was Informed that an arrangement had been
made to secure the payment of the 1ebts of said
hrm. substantially as above set FORTH and that
the orator has never received any payment what
ever upon the principal sum of his said claim
since said time and down to the present; that said
Princes continued said business under the name
of d. L, Kent and Company after said conveyance
and mortgage as Aforesaid and the orator cGntiu
ued in their employ until about March, 1893 when
said firm became insovent and proceedings min
solvency were instituted against it and are 81
pending:
And further alleging on information and -
that all or nearly all of SAID notes to the said
Elsie A., Jennie f and Mary w. were paid at
maturity although said defendants now claim
that all OF said notes. except one or two, are now
due and unpaid; and further setting forth on in
formation and belief, that all or nearly all, of
the debts owing by the aforementioned firm at
the time OF the decease of the said D. l.. Kent.
orator:
That said mortgage was made for the benefit
of the orator well said three def-ndantsL and
that said defendants have received the avaiIS of
said notes as well as other large sums of money,
and other property, their distributive share of
said estate, which they were not entitled at law
or in equity, TO receive and enjoy until after the
payment of the orators said debt, which was a
valid claim against said estate:
And praying in said bill in substance that said
Honorable Court may order and decree that such
n he nj ~ tn
The orator on account of the said indebtedness to
him. of said firm of d. L, Kent and Company at
the time of the death of the said D. l.. Kent as
aforesaid may be paid and satisfied unto the
orator out of the property mentioned in and con-
veyed by said mortgage, by strict foreclosure
thereof as against the said defendants Elsie A.
Kent Mary W. Kent Jennie f, MedOn, Samuel
f. Prince and John +. Prince and all pei sous
claiming under them or either of them:
And if said Honorable Court shall Adjudge and
decree that the rights of the orator under said
mortgage are ouly equal to those Of the said de.
PENDANTS Elsie A. Kent, Mary W. Kent and Jen-
ME Il. Meldon, then and III that case said orator
prays that such sums as may be found due to the
orator and said three defendants respectively,
under said mortgage, may be paid and satisfied
unto them by a strict foreclosure thereof as
against said Samuel F. Prince and John Prince
and all persons claiming unto them or either of
them: and that it may please said Honorable
Court 10 grant unto the orator sucu ether and
further relief as to SAID Honorable Count shall
seem meet
And also praying for writ of subpoena direct
ed to the said Elsie A. Kent. Mary w. Kent,
Jennie E Meldon, Samuel f. Prince, and John F.
Prince commanding them and each OF them to
appear before said Honorable Court at the next
stated term thereofand make answer etc
All of which is duly subscribed and sworn to by
the said orator, Peter Harmon, and dated the 10th
day of August, 1894,
And also setting forth thai the said defendants,
John +, Prince aRd Samuel F. Prince. reside
without this state at Philadelphia in the State of
Pennsylvania, and moving that notice of the
tendency this action may be given to the said
defendants, John F. and Samuel F, by publica-
ton. agreeGbly to the requirements of the statute
in such case made and provided.
And it appearing that the said defendants.
Samuel F. Prince and John F. Prince, both reside
and are withoutNhe State of Vermont, so that
subpoena cannot b. served upon them or either of
IT'S THEREFORE ORDERED that the said
defendants, Samuel F. Prince and John L. Prince
be required to appear tine First day Of the next
stated term of the Honorable Court of Chancery,
to be held al Bennington, wiAtin and for the
County of Bennington and State Of Vermont,
on the First Tuesday of DecsmbAr, A. d. 1894,
and make answer to said Bill of Complaint
AND FURTHERMORE that tn said COM
plainant, Peter Harmon, shall cause His order to
be published in the Bennington BaniiA u. public
newspaper printed pnd published at Be nington.
in the County of Bennington afoIesaA three
weeks successfully, the last of which pubfSRton
shall be at least twenty days previous to Ne
commencement of the aforesaid term OF san
Court ofChancery.
Dated at Remington in the County of Benuing-