Bennington semi-weekly banner. (Bennington, Vt.) 1894-1902, 1894-09-07
IN cHANCERY.
PETER HARMON,
STATE OF VERMONT,
BENNINGTON
COUNTY.


JOHN F. PRINCE IN CHANCERY.
Whereas, Teter 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
"ounNiairt n"nire+ Tlsin Rnrt o,I Now w
Kent, both of Dorset IN the county O1 Bennington
aforesaid. JENNIE K. Meldon OF the city of Rut-
land in said county of Rutland, and Samuel F.
Prince and John F. Prince. both M Philadplnhia
III the otate Oh pennsylvania.
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 ~ Termination, and owned as tenants in
cOmm"' aud used in the carrying on r. 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 ID. l.. Kent, in the month Of May, 1889
That the orator was employed rs laborcr 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
, the time of the deccase 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
K. 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
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 aud Jennie L. haldOn
then Jennie Z. KentO taking as part payment
therefor, promissory notes of the said John f.
Prince and Samuel F. Prince for the sum Of
ant xr-f1y md oil tY,ri1 D,H
1885, 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, 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 and the annual interest ac"ruing 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 e. 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 Undivided half of certain pieces
and parcels of ,nf'yfh' land in said town Ct
Dorset. comprising all the lands and premises in
said town which were formerly owned by Samuel
+. Prince and D. l.. Kent as tenants in common
or as co-partners doing business under the firm
nPme 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. ap-
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 piece 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
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 est
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 arraTg- ment 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
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 contiu
ued in their employ until about March lS93. when
said firm became insolvent and proceedings in in
solvency were instituted against it and are still
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 or nearly all, Of
the debts owing BY the aforementioned firm at
the time of the decease of the said D. l.. kent,I
have also been paid, except said debt due to the
orator:
That said mortgage was made for the benz ht
of the orator well said three defendants, and
that said defendants have received the avail$ Of
said notes as well AS other large suCs of monty,
and other property, their distributive share (of
said estate which they were not entitled 1t 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
sum of money as may be found to be now due to
he 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 a strict foreclosure
thereof as against the said defendants Elsie A.
Kent Mary W. Kent, Jennie f. Medon, Samuel
f. Prince and John f Prince and all pei sous
claiming under them or either of them:
And if said Honorable Court shall ddjudge 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 aud Jen-
ME E. 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 TO grant unto the orator sue, ether and
further relief as to said Honorable Cont shall
seem meet:
And also praying for a writ of subpoena direct
ed to the said Elsie A. Kent. Mary w Kent,
Jennie E MedOn, 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
dav 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 NAV be given to the said
defendants, John F. and Samuel F., by publica-
ton agreesbly to the requirements 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'seryed upon them or eitherof
them:
TITS THEREFORE ORDERED that the said
defendants, Samuel F PrincN and John f. Prince
be required to appear the first day of the next
stated term Of the Honorable 0ourt of Chancery,
to be held at Bennington, within and for the
County of Bennington and StateSof Vermont,
on the First Tuesday of DecemberA. d. 1894,
and make answer to said Bill of Complaint.
AND FURTHERMORE that the Nid COM
plainant, Peter Harmon, shall cause thisSrder to
newspaper printed pnd published at Bennington.
in the County of Bennington aforesaid three
weeks successfully, the last of which publication
shall be at least twenty days previous 10Y the
commencement of the aforesaid term OF SAID
Court ofChancery. y
Dated at Bennington, in the County of Benuing>,
ton aforesaid this 23d day Of August, A. ID 1884,
HARRY 7. CO SHMAN, Clerk
BUTLER & MOLONEY