Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-08-02
CTATE OF VERMONT, windbam county
- In Chancery, September Term, 1895.
(wINDHAM COUNTY SAVINGS BANK
MARY c. McCLE AIRY and w. p.
MCCLEARY.

Whereas the windham County Savings bank a
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 Windham 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 G. McCleary and her husband.
W. p. McCleary OF st. Louis in the state of Mis-
souri,, setting forth In substance, that the said
Mary G. McCleary, then of Wardsboro in 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 Septem
Der, A. d. 1892 duly executed to the said Windham
County Saving bank, mortgage deed OF certain
lands in Jamaica in said Mindham county de-
scribed as follows: South by lands Of Henry n.
Fits and Oscar NJ. Newell: west by lands called
the Mundel hill aud by lands Of Lucy a. Wilbur
and others; north by lands of Reviilo Howard
other lands of the said Mary c. McCleary known
as the Sias Jones farm, and lands of Squire Glea-
sons estate and east by lands of Eveline NJ.
Murphy Said premises are known as the Daniel
White farm and contain by estimation two hun
dred acres, with the buildings thereon. Condi-
toned for the payment of the promissory note Of
the said Mary c. bearing even date with said mort
gage for the sum of three hundred dollars and
payable to said bank demand with interest
semlannually, which is now justly due and has
not been paid according to the tenor and effect OF
the same And the petitioner showeth that it
was, at the time, given to understand by the said
Mary G. McCleary that she was a single woman
doing business in her own name and could law
fully convey said premises in mortgage afore-
said; and the petitioner did so believe at the time
and upon such understanding and belief advanced
the said three hundred dollars to the said Mary &C.
and as security therefor accepted the mortgage
aforesaid. That the petitioner 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 w. p. McCleary but for some
cause unknown TO the petitioner were living sepa-
rate and apart, and have 30 Continued ever since.
And praying that the equity of redemption of the
said Mary c. McCleary and W. p. McCleary in the
premises be foreclosed agreeably 10 law. And it
being made TO appear that both the said Mary c.
and w. p. McCleary are now resident without the
state of Vermont so that the ordinary process of
subpoena cannot he served upon them, IL 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 returna BILE 10 be given to the said petit
uonees, by pubs. ing in The Vermont Phoenix,
newspaper printed at Bratuleboro in said county,
the substance Of its said petition, together with
TINS 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
see fit.
Given under my hand at Brattleboro, in said
county, this Sist day of July, A. D. 1895
81 ROYALL TYLER, Clerk.
MILLION DAVIDSON, Solicitor for Petitioner,