Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1896-08-03

interest in said premises so conveyed by her, but
the nature and character of which is unknown %
HIM. And representing that the Orator is informed
and believes that the said Albert L. Field has an
interest IN SAID premises last above mentlonea the
character ana extent of which is unknown 20 MIN.
And TURNER representing that the starch factory
premises conveyed by said Calvin Hartman to EilJan
/ cleveland, by deed April g. 1886, was by SAD
| by deed containing the following condition: FRO
vided, nevertheless, that the said Aldrlcn q bur
bank, their heirs and assigns shall at all times be
holden ana bound to pay one-twentieth part OF the
expense of all repairs on the dam or of building a
| new dam should it become necessary. And if at
any time they shall refuse or neglect to pay as
above provided, then this deed to become null and
| void. Ana subsequently, the said premises were
conveyed by Burbank and Williams to the defend
ant, George D. Walworth, who is now the owner
| thereof. And further representing that the said
| tannery right conveyed by the said Calvin Hartman
to B. F. Herbert, June II, 1872, was by the admin
istrator OF SAID b. Herbert conveyed TO the Or
ator July ., 1881, who Is still the owner thereof
And further repres entiDg that the said saw-mll II
premises conveyed by said Calvin Hartman to Eli
iah Cleveland by quit claim deed on February 4,
1914, was by said Cleveland conveyed TO E. Ill. lay
lor and by sad Taylor to Henry Hayes. by deed
dated April Il. 1874, which said deed contains a
condition following: Hayes agrees to do nine -twen-
tleths OF the expense of keeping the dam the
river at the head of aforesaid mill. And said prem
ises were conveyed by said Henry Hayes to Bur
bank q Williams, July 10, 1892 and the was
conveyed by Burbank & Williams TO defendant,
George ID. Walworth, who is the owner at the pres
ent time. And your Orator refers all said deeds
and records thereof as a part of his bill of COM
plant, certified copies Of which he brings into
Court ready to be produced.
And the Orator insists and AYERS that by virtue
of the deed from Calvin Hartman the common
source from whence all these water rights sprang,
to the said Herbert of the annery rights, to all of
whose rights the Orator succeeds that he, his
heirs and assigns should enjoy these rights, jar
implied covenant arose on the part of the common
grantor that there should forever thereafter be kept
and maintained dam substantially like the one
existing at the time of said grant, from which said
Herbert. could
provided in said covenant, that, said grant of
said tannery right to take water out of said dam
a grant OF an easement in the premises and
water right of said Hartman then owned by him in
said Coventry, consisting of said saw-mlll premis
the right to make the of the starch factory
contribute one-twentieth of the expense of keeping
said dam in repair and the right make the owner
of the grist mil contribute onehalf of the expense
of keeping said dam in repair, said saw mill prem
gristmlll premises and starch factory premls
es became burdened with said easement, and bound
to keep said dam in repair in such manner as said
Herbert, his heirs, executors, administrators and
assigns forever thereafter might fully ENJOY the
rights and privileges conferred by said deedto him
from said Calvin Harman.
And further avering that after said tannery rights
were conveyed to the Orator. and while he was the
owner thereof, and after said saw-mill and starch
factory were conveyed to the said George d. Wal
worth and while he was the owner thereof, and af-
ter said grist-mill was conveyed to said Clarssa
Field, and while she the owner thereof TO wit,
the goth day of June, 1895, said dam having be
come ruinous and out of repair the said Orator
having given notice to said owners of said saw mill
grstmil and starch factory premises that said dam
was ruinous and out of repair, and that in conse-
quence thereof he, the said Orator, unable to
to draw water therefrom in full and ample amount,
as he had a right to do under his said deed and
said owners being fully aware of the condition
of said dam, and that said Orator was unable to
draw water theTefrom, as aforesaid, but negecting
and refusing to repair said dam, entered upon said
dam as he, said Orator, has right to do, and x
pended in repairs upon said DAM at that time in
money and labor, the sum of 1914, which bad
never been paid to him by said of said grist
MILL sawmill and starch factory premises although
cnffo fla6
they have ever refused and neglected to do so,
to pay any part thereof
And the Orator further shows that at the time of
making said repairs the same necessary, and
were made that he said Orator might the water
use it, and made because the owners of said
sawmin, gristmih. andthe starch factory would not
And further represents that Oh the20fhday ofJuney
t gso same s been beeame &E ras t a
the water held back by the same and then and
there gave way and entirely broke down. and was
washed ont. And the said Orator then and there in
consequence thereof became unable to draw any wa
ferred upon him by said deed ofsaid tanner right
and thereupon he gave notice thereof the owners
ises and requested them to rebnild said dam, aud
the water therefrom he had right TO do. but the
said owner of the said sawmill and starch factory
premises. the defendant, George ID. WalwoTth, who'll
" refused TO do or to IN any way assist IN rebuilding
the same, but the said owner of the said grist-mil
premises, the defendant. Carssa Field. consented to
near ner proportion OF salu expense IN reouHlhg
said dam. and thereupon entered into an agreement
And further averring that after the making of the
agreement with said defendant Claffss Field on the
said dam at an hxpense OF l25f83 in money and la
borand that upon that expense he has received only
the of one hundred and iftvnine dollars and 10
cents being money paid by said defendant, Claiissa
Field. to laborers on said dam and for debris taken
of said dam, leaving due the Orator for said
ton and repairs the of = 1872 30. and interest
on the same from September l. 1895, to the present
time.
Aud further averring that since the erection and
the repairs Of said dam he has repeatedly demanded
payment of said defendant. Clarissa Field but she
has refused and still refuses TO pay yonr Orator
her share of the expense of erecting said dam
part thereof, except what she paid to laborers on
said dam aforesaid.
without attaehabie property so that the Orator is
count of the erection of said dam and said repairs
and that he has remedy 10 recover the sane
aveIring that although he has demanded of tile de-
PENDANT, George Walworth, the sum due from him
refused aud neglected to pay the same And pray
ing that the end therefore that the said defend
ants NAV answer the several matters and things
hereinbefore stated fully and particularly if
they Were herein again repeated and they We're
count may be taken of the debt aforesaid due
the Orator and the same apportioned the expense
aforesaid for the repairs aud erection of the same
DAM among the several owners OF said grist-ms saw
mill and starch factory premises shall seem just
and equitable in the premises and that said owners
be decreed to contribute to the expense of said
ton and repairs of said dam as aforesaid aud tow nd
keeping the same in repair in the future. and the
same be made charge npon said grist-ni saw-mill
and starch factory premises ana that said defend
ants be decreed to pay to the Orator the said sum
due him for the erection and repairs aforesaid by
short time to be named by the Court and upon their
failure to do so. all equity of redemption in said
premises shall forever thereafter to exist in
said defendants such of them shall fail to
comply with the of said decree. and the title
to said premises shall therefore in the Orator.
his heirs executors administrators and assigns And
further praying such Iother and further relief in
the premises the nature of the and equity
requires.
And whereas. it being made to appear that said
Osmond L. Field, Albert L. Field, and George ID. Wal
worth are without the State so that personal service
of said Petition can not be made upon them. there
raj L.. "
bert L. Field and George D. Waworth be ordered TO
appear before the Court of Chancery next to be hold
en- at Newport within and for the County of Orleans
on the I'd day of September A. d., 1896, then and
there in said Court to answer to the foregoing Petit
ton of the Orator. by the publication of the above
substance of said petition in the Orleans County
Monitor, weekly newspaper published at barton,
three successive weeks, the last of which public