Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-08-09
CTATE OF VERMONT, Windham county
- Ia Chancery, September Term, 1885.
lWINDHAM COUNTY SAVINGS BANK.
MARY c. McCLE NRY and W. p.
MCCLEARY.


Whereas the windham County Savings bank.
corporation duly established by law, located and
doing business IN Newfane In the county Of Wind
ham. aforesaid has this day filed in the Office OF
the clerk Of the court Of chancery for said Wind.
ham county, its petition for foreclosure return.
able to the Wndham county court Of chancery
next to be held at Newfane within and for said
county on the second Tuesday Of September. A. D..
1895, against Mary c. McCeary and her husband
w. i. McCleary of St. Louis in the state Of Mis-
souri, setting forth in substance, that the said
Mary G. McCleary, then Of Wardsboro 10 the
county Of Windham aforesaid, who did business
in her own name and right in the transfers of real
estate aud otherwise, on the 9th day Of S-ptem.
Der. A. b. ls3& duly executed to the said Ninuham
County saving bank, mortgage deed of certain
lands IN Jamaica in said Windham county. de-
sCribed as follows: South by lands of Henry y
Fits and oscar NJ. Newell; west by lands called
the Mundell hih and by lands Of Lucy 4. Wilbur
and others; north by lands Of Revilo Howard
other lands Of the said Mary c. McCeary known
as the Silas Jones farm, and lands OF Squire Glea-
sons estate: and east by lands Of Ev-line VI.
Murphy said premises are known the Daniel
White farm and contain 10y estimation two hun
dred acres. with the buildings thereon. Coudi-
toned Tor the payment Of the pr0mssOry note Of
the said Mary c. bearing even date with said mort
gage for the sum of three hundred dollars and
pay able to said bank on demand With interest
seml-annually. which is now Justly due and has
not been paid according to the tenor and effect Of
the same. And the petitioner eth that 10
was, at the time. given to understand by the said
Mary {. MCDleary that She was a single woman
doing business IN her own name and could law
:
said: and the petitioner did - believe at the time.
and upon such understanding and belief advanced
the said three hundred dollars to the said Mary
and as security therefor accepted the mortgage
aforesaid That the petit oner has recently dis
covered that at the time of the execution of said
mortgage as aforesaid the said Mary c. had a
husband the said ". p. McClear, but for some
cause unknown to the petitioner were living sepa-
rate and apart, and have SO Continued ever since.
And praying that the equity of redemption of the
said Mary c. McCleary and W. p. McCleary in the
premises oe foreclosed agreeably TO law. And il
being made To appear that both the said Mary c.
and w. r McCleary are now resident without the
state of Vermont. SO that the ordinary process of
subpoena cannot be served upon them, it is or
dered that the petitioner cause notice of the pen
dency Of its said petition and the term of court to
which it is returnable to be given to the said petit
tlonees by publishing in The Vermont Phoenix. a
newspaper p' inted at Bratteboro in said county,
the substance of its said petition, together with
this order. for three weeks successfully, the last
publication to be at least twenty days prior to the
first day of the September term. 1895. of said
court of chancery, which said publication will be
considered sufficient notice to the SAID petitioners
to appear and make answer thereto shall they
see tit.
Given under my hand at Brattleboro, in said
county, this 3lst day Of July, A. D. 1885
81 RONALL TYLER, Clerk.
MILoN DAVIDSON, Solicitor for Petitioner.