Bennington semi-weekly banner. (Bennington, Vt.) 1894-1902, 1894-08-31
IN cHANcERY.
PETER HARMON.
STATEoF VERMONT,
/ BENNINGTON
COUNTY.


MARY ": KENT, COUNTY.
SAMUEL F PRINCE
JOHN f. PRINCE. IN CHANCERY
Whereas, Peter Harmon Of Dandy in the county
Of Rutland and State of Vermont has filed in the
office of the clerk of the Court of Ohancery with
in and for the county of Bennington, his bill Of
comnlant AGAINST Elsie A. Kent and Marv w
Kent both OF Dorset IN the county Oh bennington
aforesaid. Jennie Il. Mellon OF the city of Rut-
land in said county Of Rutland, and Samuel F.
Prince and John F. Prince, both of PHILADELPHIA
III the ntaue Ol renusyIs alma.
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 partners in the business of quarry.
ing and manufacturing marble at Dorset. in the
county oi Rennn. ton, and owned as tenants in
common, and 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.
H. Kent and Company. and as such so continued
to transact said business until the death of the
said ID. l.. Kent, in the month of May, 1882
Ihat the orator was employed as a labOrPr by
said firm, forseveral 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
7 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
E. 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 conveyance 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 4. Mellon
| (then Jennie Z. Kent,) 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,
1850, 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 Elsie, Mary and Jennie and the said admin
| istrator, n bond binding themselves to nav the
debts of said firm of D. L. Kent and Company;
| and that to secure the payment of the aforesaid
| notes and the annual interest accrung thereon,
and the performance of the condition of said
bond, the said John F. Prince, on the 18th day Of
| April 1880, duly executed to the said Elsie A.,
| Mary w. and Jennie E. a mortgage deed of said
real estate, winch is situate in the town or Dor
Being an equal ndivided 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
meme and style Of D L. Kent and Company.
Together with certain nights, privileges
easements, rights Of way, rights of water, dump
ing rights on ground, rights to cut wood ETC.. APP
| 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
| in6 standing on the two pieces of land first de-
scribed in said mortgage deed, duly insured to a
reasonable amount 10 pay the premiums and ex-
| penses of such insurance, and to keep the poll
cies thereof assigned TO the said Elsie A, Jennie
Z. and Mary W. their administrators 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 debts of said
firm substantially as above set forth, and that
the orator has never received any payment what
| eyer 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 ID. L. Kent and Company after said conveyance
| and mortgage as Aforesaid. and the OrGtorCJfEiu
ued in their employ until about March, 1893, when
said firm became insolvent and proceedings r5 W
solvency were instituted against it and are stik
pending:
And further alleging on information and belief,
that all or nearly all of SAID notes to the said
Elsie A., Jennie 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 nearly all, Of
| the debts owing by the aforementioned firm at
Il.
have also been paid, except said debt du, to th6
orator:
That said mortgage was made for the benefit
of the orator as well as said three defendants, and
that said defendants have received the availS Of
said notes as well AS other large sums of money,
and other property, their di'tributive 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
|
sum of money as may be found to be now due to
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, Meldon, Samuel
F. Prince aud John f. 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 only equal to those Of the said de-
PENDANTS Elsie A. Kent, Mary W. Kent and Jen-
ME K. Meldon. then and in 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 strict foreclosure thereof as
against said Samuel F. Prince and John F Prince
and all persons claiming unto them or either OF
them: and that it may please said Honorable
Court TO grant unto the orator sUcl ether and
further relief as TO said Honorable Court shall
seem meet:
And also praying for q writ of subpoena direct
ed to the said Elsie A. Kent Mary w. Kent,
Jennie E. Medon, Samuel +. 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 lOth
day of August 1894,
And also setting forth that the said defendants,
John T, Prince and Samuel F. Prince, reside
without this state at Philadelphia in the State OF
Pennsylvania, and moving that notice OF the
tendency OF this action may be given to the said
defendants, John f. and Samuel F., by publica-
ton. agreeaOly 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 without the State of Vermont, so that
subpoena cannot be served upon them or either Of
them:
IT is THEREFORE ORDERED that the said
defendants, Samuel f. Prince and John f. Prince
be required TO appear the First day of the next
stated term Of the Honorable Court Of Chancery,
to be held at Bennington, within and for the
County of Bennington and State Of Vermont,
on the First Tuesday of December, 4. ID. 1894,
and make answer to said Bill of Complaint
AND FURTHERMORE that the said COM
plainant, Peter Harmon, shall cause this order to
be published in the Bennington Banner. pubic
newspaper printed pnd published at Bennington.
in the County of Bennington aforesaid. Nhree
weeks successfully, the last of which publication
shall be at beast twenty days previous to the
commencement of the aforesaid term OF Salu