Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-08-02
LEGAL NOTICES.
STATE OF VERMONT, Windham County
In Chancery, September Term, 1901.
HERBERT E. klDDER,


JOHN +. ELLSWORTH, ct al.
Whereas Herbert IL, Kidder, of Wards
boro, in said Windham county, has filed
in said court his petition of foreclosure
against John i. Ellsworth of Springfield
in the county of Hampden and state OF
Massachusetts, and Eugene M. Angler OF
Bratttleboro, in said county of Windham,
returnable at the September term Of said
court, A. ID. 1871, setting forth that said
Eugene NJ Angler, on the z9th day of
July, A. ID. 1897, duly executed to Clarke
Z. Fits of said Brattleboro, a mortgage
deed of certain land situate in said
Wardsboro, and described as follows:
Consisting of a building in South Wards
boro used as a store and dwelling and
barn and lot, bounded on the north by
stone wall running from near the north
east corner of George Johnson's barn
easterly to near the northwest corner Of
the barn on the premises hereby con-
veyed, and by an imaginary line extend
Ing easterly from the east end of said
stone wall in a direct line with said stone
wall to the highway leading from South
Wardsboro to Wardsboro city; west by
land of George Johnson; south and east
by the highway leading from South
WaTdsboro church to Wardsboro city,
conditioned for the payment of a certain
promissory note Of even date Herewith
for two hundred and fifty dollars, signed
by said Angler and payable to the order
of said Clarke G. Fits, on demand, with
interest annually, which note is now
justly due and owing, and his not been
paid according to the effect of the same.
And further setting forth that said
mortgage with the note above described,
was on August End, 1897, duly assigned by
said Clarke c. Fits to one Charles H
Thompson, and by said Thompson on
March 18th, 1901, duly assigned to the pc
titioner.
And further setting forth that one John
T. Ellsworth of Springfield, in the county
of Hampden and state of Massachusetts,
claims some right, title or interest in
said premises, by reason of a conveyance
to him by or through said Angler since
the date of said mortgage, of the equity
of redemption in said premises above said
mortgage, which right, title or interest
of said John F. Ellsworth the petitioner
AYERS is subordinate to his rights under
said mortgage.
Wherefore, the petitioner prays that
the equity of redemption of the said Eu-
gene M. Angler and John F. Ellsworth in
the premises may be foreclosed agree
ably to the provisions of law.
And whereas, it appears that said John
f. Ellsworth resides without the state of
Vermont, to wit at Springfield, in the
county of Hampden and state of Massa-
1T is ORDERED that said petitioner
give said John F. Ellsworth notice of the
tendency of said action by publishing
the substance of said petition as herein
before set forth, with this order, in The
Vermont Phoenix, a newspaper published
at Brattleboro, in said Windham county,
three weeks successfully, the last publi-
cation to be at least twenty days previous
to the first day of said September term,
A. d. 1901, of said court. And that said
John F. Ellsworth be required to APP
pear in said court on the first day of
said term, being the fourth day of Sep
TENDER, A d. 1901, at Newfane in said
Windham county, and make answer to
said petition, otherwise the same will be
taken as confessed: which publication
will be taken as sufficient notice to said
John F. Ellsworth to appear and make
answer to said petition.
Given under my hand, at Brattleboro,
In said Windham county, this 18th day OF