Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1896-04-16
LeEa1 Notices.
j. W. Gabrielle
j. w. Gabrielle
v. In Chancery,
A. G. Bradish Orange County,
& s. M. Flint. June Term, 1896.

v. In Chancery,
A. q. Bradish Orange County,
& s. M. Flint. June Term, 1896.
Whereas, James w. Gabrielle OF Ran
dolph, in the county OF Orange, has
brought his bill OF complaint against A.
g. Bradish OF Boston, in the common
wealth Of Massachusetts, and Seth M.
Flint OF said Randolph, therein setting
forth in substance that on the day OF
A. d., 1891, he was the owner in
fee OF certain land and house thereon, on
Main street, so -called, in West Randolph
village, bounded northerly by land OF
said Bradish, on which land stands ten :
enent house on bank, as does the ora
tors house, hereinafter described, and
Scutherly by land OF one Richm md; that
ssRid house OF the orator stands close to the
sidewalk on said Main street, so that the
back part OF said house is much lower
than the front thereof; that the orator
was minded to repair said house so that
there would be two tenements to rent
therein, one on level with said Main
street, and the other below the first, in
that part of the house standing down the
bank; that in order to so arrange his
house it would be necessary to make a
entrance for said lower tenement,
on the side OF said house below the top OF
said bank, or else to dig the bank away,in
front OF said house and there make steps
and an entrance; that because OF tine ex-
peDse OF building said last named en-
trance and the probable danger to pas
sengers on said sidewalk In front OF said
house, the orator sought to buy a few
feet OF land on the southerly side OF his
house, Of said Richmond, that he might
make an entrance on that side, but said
Richmond declined to sell; that he
then applied to said Bradish to buy Of
him few feet OF land, because said Brad
ish's land came closeto the orators line
and house, that an entrance might be
made on the northerly side OF said house;
that said Bradish replied that II the ora
tor would build steps down said bank,
not only for approaching the proposed
entrance to his house, but also to ap-
proach the entrance to said Bradish's
house, the orator should have the right to
approach his said entrance over Bradish's
land, so long as said Bradish controlled
the same.
That the orator thereupon made an en-
trance to his house on said northerly side
and arranged the inside OF said lower ten
ement in accordance Herewith, and in
of said Bradish's promise,
and having full faith therein, built said
steps at great expense, and, lest there
should be Misunderstanding, he further
built stairs from platform at the bottom
OF said steps to the lower part Of said
Bradish's building, at large expense;
that from that time until this present the
orator and said Bradish have each used
said steps to approach the entrances OF
each of their houses; that the orator has
no other entrance to his said lower tene-
ment, and that he cannot change said en-
trance and the approach thereto without
very great expense nor make any approach
thereto without very great expense nor
make any approach and entrance
without digging through the side
walk and building steps, and that this he
cannot do without leave from the trus-
tees OF said village; that the orator has
been, by his tenants, since said contract
with said Bradish,!i continual occupancy
of said approach and entrance, that the
same was and is in his right, and that he
well hoped that no dispute would have
arisen touching his right Of occupancy OF
said land BY said steps, but that said
Bradish and Flint would have left him in
the peaceable occupancy OF the same.
And further setting forth that the de.
lendant Bradish, acting through his
agent, the defendant Flint, has forbidden
the orator to occupy said land by said
steps, and that said Flint, acting for said
threatens to build or has built a
fence in the space between;the orators said
house and said Bradish's house within q
few inches OF the orators house, and
across said space at the foot OF said steps,
50 that said defendant Bradish can enter
the door OF bis tenement by means OF
said steps SO built by the orator, but that
1t entirely prevents the orators tenants
from going to or coming from said house,
and deprives the orator Of the use OF said
to his great damage.
Therefore praying that the said defend
ants and each Of them, their, and each OF
their servants, workmen and agents, may
be restrained by injunction from inter.
iering in any way with the convenient
ingress and egress OF the orator and his
tenants to and from said house by means
Of said northerly entrance and said steps
thereto, and from maintain
ing or keeping any fence or obstruction !
10 said orators entrance on said steps, |
ind that subpoena may be directed to |
said defendants, commanding them per-
,onally to be and appear before this court |
1t certain day, then and there to answer
Ill and singular the premises, and to |
stand to, perform and abide such order, |
direction and decree therein as to the
court shall seem meet.
And whereas it appears that the defend |
ant A. q. Bradlsh resides without the |
state OF Vermont, sosthat subpoena can
not be served upon him, it is therefore
ordered that the said James w. Gabrielle
give the said A. g. Bradish notice Of the
tendency of said bill OF complaint, by
publishing the substance thereof together
with this order for three weeks successive
y in the HERALD AND NEWS, newspa-
per published at Randolph in said county,
- - 1. ~ ~
lays previous to the commencement OF |
The next term Of the court OF chancery, to
be held at Chelsea within and for said
county, on the first Tuesday OF June, A.
D., 1895.
And it is further ordered that the said
defendant, A. g. Bradish, appear before |