News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1897-11-03
Order of Publication.


II. c. LANE AND MAMUFAcTUB- County Co1rt.
Frs OIL Il GREASE Co. AND Decamber
\. &. RAVMORE. Term, IS91
WHEREAs-The said Cristy aud Fuller have
this das filed in the Clerks office of said Court a
petition against the above parties for the tore
closure OF certain mortgage given by said de
lendant Lane to the said Cristy and Fuller dated
March 5 1907, Of the following described prom
erty, to wit: 'All the timber on lots No. * %.
81, 30. 81, 90, 30 GS, heipg the lots got OF said
Cristy and Fuller, also all my inlerf It in the
four-hous", barns, bl rksmith shop and mill
buildings erected on land leas Il Of /. Powell,
and now OCcupiCdby me for mil purposes and in
cidentally thereto. Also all my mill and machin-
cry Of all kinds situated therein and thereon, be-
ing engine and boiler, saw mill, single and
double edger paner and M tCher, slab saw.
putting saw, single mills and boiler, and
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, VT Said petition is Teturnahle to
the Lamoille County Court Of Chancery, Deceln-
Der Term, 1891 Setting forth also that
said Lane has fed and is now without the
State anu in parts unknown, so that
PERSONAL service cannot be had on him, and
that the Manuiar turers' Oil & Grease Co, cor
pOratiOn Incorporated under the laws Of ONO
and doing business with principal office ut
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-
scribed aforesaid by attachment or otherwise
and that they are without the state so that per-
sOnal services cannot be had thereon; said petit
ton also sets out the fact that said Lane owes
said Fuller Il Cristy on note and book account the
sum OF $500 dollars and that he owes them in dam
ages for nOn-pertormance of said contract a fur
Their um OF 20O0 dollars. The conditions of said
mortgage stated in said petition of foreclosure
is that the said Lane pays said Cristy and Full
Ter ali he then owed or might thereafter owe
them in any way or manner, and also perform
certain contract with th'm, dated August Il,
1896, and recorded on pages 1928, Vol 90 Of
Land Records of Cambridge, Vt, as stipulated
therein for him to perform; said contract here.
after appended hereto, Petitioners pray for
fore closure Of said mortgage and n short time
decree aud therein give notice that they will
take the evidence of the following persons 10
wit: Saml Bard, Leroy Morse, Ashton Ed
wards. Ira Powell, Geo. Martin, w. w. smith,
all of Cambridge, Vt, at hotel of Irving Mellen-
day at II O'Clock a. m. Onthe Sd day OF December,
1891, in Cambridge, Vt, before ;. b. Waite, for
purpose of shortening time; also setting forth
that the mill property ha burned and the secu-
Tty inadequate for satisfaction of the debt due,
Ms reasons for shortening the time, and that in
the non per Torrance of said contract said Fuller
and Cristy have been damaged greatly and asks
that Master may be appointed therein to deter
mine the amount OF SAID damages sustained, and
asking also for Order of Publication Il, to Defts.
Lane and Manufacturers Oil & Grease Co..
atures said, they being without the state. Said
contract is in words and figures following
This iudenture mat and entered into by and
between T. c Cristy of johnson and Ii. 5. Fuller
Of Cambridge, LamOilIe county, Vermont, of the
first part and II. q. Laue Of Burlington Chit
tenden county. Vermont, of the second part,
! WitneS seth The party of the first part sells
unto the second party all the merchantable
spruce and hemlOck lumber or timber standing
or lying on lots No. %, 20, 80 81 80 81 g. 50, IN
Cambridge, formerly Sterling, in the Sd division.
The second pa ty is to erect o" move ms steam
mill on to the location called Frank POWellS
fiat and arrange the same in proper condition to
manufacture the lumber tr IN said lots on or
before Oct l, 1896 ready for business and is to
take part lumber from | IS 81, 90 and part from
lS, % and 81 first, and commencing at lower end
Of said lot aud take in strips to top of mountain
or upctr end Of Sa Il lots clean, and is to have
three years from date to clear said 10 $, and is to
! lumber said lots in good and lumberman'S man
neT and is 10 pay two dollars and fifty cents per
| NJ feet for said spruce timber or lumber and two
! dollars for hpmlOck board measure. and all tim
| her 10 :. lumb r. Sc, is to he and remain the
| absolute PROF trtY vi he said CTSty and Fuller
! To al INT Is and purposes and subject to their
| order and co 'lTol at all and any times until
these two dollars and fifty cents and two dollars
per NJ. is paid and this contract is completed.
| The said lumber. timber &c. is to be paid for
as faS' as It is sold or shipped and the first party
| reserve the right to have all Of the proceeds
| come direct to them the second party is to get
| Uff at leaSi on mil on feet of lumber from said
| lots the first year and two million each year
| thereafter uut all If said lumber is taken off.
| All trees are to be cut down 10 ten inches on
| stump and tops t. : inches the second party
| have the right TO TAX whatever hardwood tim
| her or lumber he Is mind 10 nom said lots at
| the same price of the spruce, two dollars and
| fifty cents per NJ. and Il der same c nditions
but at II times tn tile to said lumber and tim
| Der from said lots Of every kind is to remain in
the party of fist part; the fir party are
| to furnish the second party one thousand dollars
| cash to put into said buSnt IS. as follows two
| hundred and fifty dollars to move and put up
| track. and Ore-half on demand and the balance
as needed to finish said track and the balance of
said thousand dollar. is to be paid as follows
one dollar and fl ty cents as fast as said
| logs are cut and skidded and two dollars as fast
as are delivered TO mill, and one llar
and twenty. five one -hundredths as fast as sawed
| and stacked, and two dollars more when planed
| and matched and delivered upon the carS--mak-
ing total OF S675-and all lumber to be at same
| price as above mentioned when delivered on
cars the first party are to put into said business
of all sales, including stumpage, II necessary 10
run said business for at least one year from date
| After the first year if the party Of the second
part chooses to repay al moneys invested by the
first party in the business thereafter all lumber
| taken from said lots shall be al two dollars per
| NJ, excepting the hemock which shall be one
and fifty one.hundredlhs dollars per NJ. In ac-
| counting for stumpage there is to be deducted
from mill measure 4per cent for cus and unmer-
| chantable lumber. The party of the second part
is to give the first parties good and sufficient
| mortgage and chattel mortgage on his mill and
every thing pertaining thereto; also chattel
| mortgage on all his stock, horses, oxen, wag-
| ons, and everything else which II. Il. Powell
| has mortgage on as security for money adj
| vanced to the completion of this contract. Also
it is further agreed by the second party that all
/
| taken from the above described lots is to
| be the property of the first party until they
| are paid the stumpage and whatever amount the
first party has turn shed for cutting hauling and
| manufacturing said lumber and for what they
| have advanced for moving the track and putting
| up the same. All bills for the sales of lumber
| shall be made payable to the parties of the first
| part; it is further agreed that whatever logs
| said Lane sells, the measurement he gets shall
be taken by the party of the first part, but no dis
| count taken out IL is also agreed bv the par
| ties that said Lane shall not be obliged to take
any timber from said lots that pitches over the
| mountain on the MOrristown side or the Valley
| side. (Ihe inteTlining done before sigring)
| In witness hereof we hereunGo set our hands aud
! seals this nth dav Of Aug, A. ID. 1856
| In presence Oft
| !. S. COBURN. r, G. CRIsTY, IL. s.
| w. IL. GRlSWoLD, X. s. FULLER, l.. 81
IL. q. LANE, IL, S.
State Of Vermont, Lamuile County S. At
I Cambridge, this 18th day of August, A ID. 1s06,
| H. g. Lane, Il. c. Cristy and X S, Fuller per-
| strument, by them sealeJ and subscribed, TO be
| their FREQ ac ana deed.
Before me,
10 w. II. GRIswoLD, Notary Public.
| WHEREAs-lt is made to appear by stid petition
| that they the said Lane aud Manufacturers Oh n
Grease co are without the state so that personal
service can not be had on them, IL is hereby or
| dered that IN be notified Of the pendency OF
said petition by order of publication OF the sub.
| stance of the same in the News aud Citizen, a
weekly paper published in MorrisvIe and Hyde
| Park, in .-amoile county, and notified to make
| their personal appearance 10y first day OF the
| term Of said court on first tn, sday of December
| 1897, at Hyde ARK, Vt, the same to he pub
| ished three successive weeks therein, and the
last OF hich publications IT, be at least 20 lays
| before said term Witness whereof | have
caused my hand and the seal of said court TO be
nj god hnp lie ia ~ ftIf lgi