News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1897-10-27
Order of Publication.

vs.. LamOille
II. q. LANE AND MANUFACTURE SCounly Court,
Frs OIL Il GREASE Co. AND December
n Z. RAYMORE. Term, 1891.
WHEREAs-The said Cristy aud Fuller have
this day filed in the ClIk office of said Court,
petition against the above parties for the fore
closure OF certaiH mortgage given by said de-
iendant Lane to the said Cristy and Fuller, dated
March 5, 1871, of TIE following descrihed prop
erty, to wit: "All the timber on lots No. ., 20,
81 ~, 81, 3d. 20, IS, being the lots got Of said
Cristy ana Fuller, also all my interest in the
courthouse, barns, blacksmith shop and mill
buildings erected on land leased OF I. Powell,
and now occupied by me Tor mil purposes and in
cldentally thereto. A lsO all my mil and machin-
cry Of all kinds situated tn, rein and thereon, be-
ing engine and boiler. saw mill, single and
double edger p'an,r and hatcher, slab saw,
butIng saw, single mills and boiler, and all
puleys, belts, tools, etc. belonging thereto and
my interest IN the lease OF said site where these
buildings are situated"
All said premises are situated in the town of
Cambridge. VI. said petition is returnable to
the LamOille County Court Of Chancery, Deem
Der Term, 1877. Setting forth also that
said Lane has fled and is now without the
state ana in parts unknown, so that
personal service cannot be had him, and
that the Manufacturers Oil q Grease Co., cor
pOratiDn incorporated under the laws of Ohio
and doing business with principal office at
Cleveland, ONO, and without this state, have, or
claims to have acquired some interest since exc
cution and record OF this mortgage being fore
closed in some part or all of the premises de-
sCTlOeu aforesaid by attachment or otherwise,
and that they are without the state that per-
| sOnal services cannot be had thereon said petit
| ton also sets out the tact that SAID Lane owes
| SAID Fuller Crlsty on note and book account the
sum OF $500 collars and that he owes them in dam
| ages for non-pertormance of sal contract FUR
| ther sum OF zOUO dollars. Inc condluons OF salu
mortgage stated IN said petition of foreclosure
| is, that the said Lane pays said Cristy and Full
! Ter all he then owed or might thereafter owe
| thelh IN any way or manner, ana also perform
| certain contract with thrm, dated August liz
| 1896, and recorded on pages 1928, Vol. 20, of
| Lard RECORDS OF Cambridge, W, as stipulated
| therein tor MN TO perform; Salu contract mere
| after Appended hereto. Petitioners pray LOT
| foreclosure OF sal9 mortgage ana snort tlllS
| decree aud thefen give nouce mat they VIII
| take the evidence OF the following persons 70
VIII: Sanll Balrd, Leroy Morse, Ashton EH'
| Walus: IRA ioWeiI, geo. "aIiln, W. W 9uitn'
| amor Cambridge, ' l., at notel OF irving Melen-
nay at II cock d. III; on 81 udy ol IGCe.llDeI,
1871 IN Cambridge, w., before = B' WaIe, LOT
! purpose OF shortening ume; also setung lofIh
tnaI IHe mn property l,a burned anu tie STU
| rlty inadequate lof satisfaction OF the deDJ uue5
| as reasons lof shortening lGe ume' ana mat IN
lhe hoh-peflplhahce OF sald contract sdlu ulIeL
anu Cflsty nave Oeeh damaged gTealiy anu aeh9
| that Master may De appOlhJeu IheIelh u uetelII
mine the amount OF sall damages sustained, anu
| esking also Tor Order OF fuOllcalOn as 10 DEUS
Lane ana manufacturers, vi Gfeaee 80
aforesaid, thty being WtihouL Tue SGite' oalu
contract Is In words anu hgures l"llowlng;-
ms muehtuIe MAJ ana entered INTO py dnu
between K. Z CrSty OF Johnson ana Ii, s. ulet
| OF Cambridge. Lam0llle county. Vermont, OF tne
first parr, and Ii. u. Laue OF Burlington, chit
1.
Wlthesseth Inc party OF lhe hTSJ part sens
unto IN" second party all the mefchanJaDl6
spruce and heml0ck lumber or timber standing
OF lying on lotS NO. y, ~, ~, 81, 81 ~ 69 09' III
Cambridge, formerly Sterilng, IN the so DIVISION
The second pa ~ is to erect Or move his steam
mill ON TO the Location called FRANK PoWeu
flat aud arrange the same In proper condition 10
manufacture the lumber ir IN sad lOtS ON OF
before Oct. l, 1870, ready Tor business ana IS 10
take part lumber from lots 81, 81 and part from
70, % and 81 hrst, ana commencing at lower emu
of said lot and take In strips to tOpOt mountain
or upper end OF sa lots clean, ana Is TO nave
three years from date 10 Clear SalG 10 s. ana IS W
! lumber SAID lots III a good ana lumDermah mani
| ner, and is TO pay TWO dollars ana nlty cents per
! NJ. feet for said spruce timber or lumber and Two
| dollars Tor hemock Doaru measure, ana an tlill-
! Der. lOgs, lumber &c IS 10 be ana remain Lho
1 absolute property OF me SAID CrlSty ana fulltr
TO all intentS and purposes ana SUBJECT 10 theiT
, ! order and control at all ana any tunes unUll
these two dollars ana nity cen ana TWO dOllaIS
! per NJ. IS pald ana TINS contract IS completed.
! The said lumber timber. NC, Is 10 be pald 1oL
as tas as II Is SOFA OF Slpptu anu tlie Irst parry
reserve the right to nave all OF the proceeds
come direct TO them the second party Is TO get
off at least on million feet OF lumber IRON salu
lots the hrSt year ana Two mllllOh edGu yedt
thereafter until all II sara lunOef Is taken on
All trees are 10 be cut down 10 ten lhcneS OH
stump and tops t. nches; the second party
have the right 10 take Whatever hardwood tlill.
per or lumber ne Is q mihu TO from sdlG lols ~
the same price OF the spruce, TWO dollars ana
fifty cents per H.. ana under same cvndltlohS
but al al tlhleS thr .ltle 10 Sdld lumber dnu tl
|
the party OF q e hrSt part; the nr party are
to furnish the SECOND parry one Thousand dOlaTs
cash 10 put INTO SAID ouslhe S. as tolloWS tWO
hundred aud htty dollars TO move ana put up
track, and or e-halt on demand ana the DalancI
as needed TO hnlSh SAD track ana the balance VI
= said thousand QOlar' Is TO be par as follows!
one dollar and nlty cents as lasC as SAT-
logs are cut and skldded anu two dollars as las
as are delivered TO MILL ana one d llal
and twenty hve one-hunofedths as laSt rs s5lWeo
and stacked, and two dollars more When planeO
and matched and delivered upon ihe carS--mak
ing total of S6.15-and all lumber to be nj SAINT
price as above mentioned Wnen ueliVereu Vi
cars; the hrst party are 10 put lhJO SAM business
of all sales, ncludiI stumpage, If necessary Il
run said business for at least one year from dale
After the first year if the party of the secon(
part chooses to repay al moneys invested by thu
first party in the business, thereafter all lumDe
taken rom said lots shall be al two dollars pc
Nj, excepting the hemlOc6 which shall be ont
and fifty one.hundredths dollars per NJ In &C
counting for stumpage there is to be deducted
from mill measure per cent for cults and unmer
charitable lumber. me party OF the secon ~ par
Is TO give he hfst paI'lee gnu HlIH sum-
mortgage ana chattei mortgage on on ms NH az an
every thmg pertaining tHeISlu, alsH d OnaLts
mortgage on az MS sioch, noIseI' oAeh wee
ons, ana everything else which n, ~ l oN -
has mortgage on US secuIiy lot lnoheS az
vanced TO the complexion Oh tnis c9hIaot' q - -
u lurther aglSeIl 10y tl9 9vSTmu ~ ., i
the uloef am "Ss a"'' l'i iIl % 49, 49, NJ
taken from tht "opC,SS go - -, W;,i, ,be
be the properly OF lhe IISt PaIg uhtn III ~
are paid the stumpaEe ana WnatGNcr alnUun' W
Il first party mas lufn shtu lor culIl"s, haIS 9t,
Manufacturing halu IunptI anu ~ VIA ~ ~,
nave advanced l,i nVNlI t'lJ uHCN az ~ P,
up me same, Al pils w tl'g 9''N9 - " ii, Il ~