Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1896-04-02
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In Chancery.
Orange County,
lime Town 1909

Y. In Chancery,
A. q. Brsdish Orange County,
, & 8. M. Flint. June Term, 1895.
W ereas, James w. Gabrielle Of Ran
doipb, in the county OF Orange, hal
brought his bill OF complaint against A
g. Bradish u Boston, in the common
eslth nf 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 W est Randolph
village, bounded northerly by land oil
tmeDt house on a hank, as does the ora
tors house, hereinafter described, and
southerly by land OF one Richm nd; that
said 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 a 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 1t would be necessary to make a
separate 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 the ex-
pense 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 nnnliad IN ooid Afuk 10
him few feet of land, because said Brad.
ish's land came close to 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 APP
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
ana arranged the inside OF said lower ten.
ement In accordance Herewith, and in |
consideration 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 q 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
maze any approach and entrance
without digging trough the side
Walk and building steps, ana that this he
cannot do without leave from the trus.
lees OF said village; that the orator has
oeen, by his tenants, since said contract
with said Bradish I'm continual occupancy
u SAID approach and entrance, that the
'ame was and Is in his right, and that be
we'll hoped that no dispute would have
risen touching his right OF occupancy OF
!aid land by said steps, but that said
6radish and Flint would have left him in :
he peaceable occupancy of the same.
AND further setting forth that the de.
enda9t Bradish, acting through his !
gent, the defendant Flint, has forbidden !
ne orator to occupy said land by said
teps, and that said Flint, acting for said
'radish, threatens to build or has built a
ence In the space between.the orators said /
louse and said Bradish's house within a i
ew inches OF the orators house. and
cross said space at the foot OF said steps, :,
Q That said defendant Bradish can enter .,
ne door OF his tenement by means Of a
ald steps so built by the orator, but that =
entirely prevents the orators tenants r.
rom going to or coming from said house,
nd deprives the orator OF the use OF said Al
TO bis great damage
Therefore PRAYING that the said defend ii
nts and each OF them, their, and each OF Ia
1elr servants, workmen and agents, may q 4
restrained by injunction from inter. "a
ring In any way with the convenient :
lgress and egress OF the orator and his ar
nants to and from said house by means IN
SAID northerly entrance and said steps Of
>proaching thereto, and from maintain. IN
g or Keeping any fence or obstruction Of
said orators entrance on said stems.
"a That subpoena may be directed to
10 uefendants, commanding them per. :
nally to be and appear before this court
, u certain day, then and there to answer ~
ana singular the premi ses, and to Co
and to, perform and abide such order. cls
rection and decree therein as to the Of
urt shall seem meet. til
ana whereas 1t appears that the defend a.,
u A. u. Bradlsh resides withonf the Inc
ate OF vermont, SOFT hat a subpoena can. fro
y De served upon him, it is therefore s sae
dered that the said James W. Gabrielle sal sal
We the said A. g. Bradish notice al the to
nndency OF said bill OF complaint, by Bel
blishing the substance thereof together NJ,
This order for three weeks successive. i
IN the HERALD AND NEWS, newspa- -
published at Randolph in said county.
last publication to be at least twenty T
Us previous to the Commencement ~ Pre-
next term OF the court Of chancerv. 70 s s,U'
neld at Chelsea within and for said Mo-
lnty, on the first Tuesday of limo dec
1895. 'une' a her
Ind n 10 f,r,ho afol
~ 20 .oi.HeI oIuereu tnat the said on
ehuant, A. IT, Bradish, appear before frol
d court Of chapcerv ,nor tha a.. - that
said term and thoon 80, 80 n'Se uhy tint
wer to said bin OF complaint, other sn ,,,
2 the same will be taken as con fessed. ",
' ',a IN the county clerks Office at ' i
s,lsea, this 23d day Of March, AID.
,. CURTIS s. EMERY, Clerk.
y. DFNIsoN, Sol'r for Orator. ~,