Middlebury register. (Middlebury, Vt.) 1886-1937, 1901-10-25
Seoal 11otices.
VS.. ADDISON COUNTY.

CARTER L. BEERS, ct al. In Chancery.
December Term, A. d. 1901.
Whereas, John V. S. Marck, of ShelDurne,
in the County of Chlttenden has filed his peti
ton to the Court of Chancery, within and for
said County of Addison, at The December
term, A. d. 1901, against Carter l.. Beers of
Bristol in said Addison County, Caroline
Barnum and j. p. Barnum her husband of
Prairie du Chen, Crawford County, Wiscon-
sin, Bertha l.. sylvester and Arthur Sylvester
her husband of Cedar Rapids, Lynn County,
Iowa. Allen f. Beers of Coleman, Winneshiek
County, Iowa, Ellie Cole ana John j. Cole her
husband of Odkville, Lynn County, oregon,
and Adoiphus y. Green of Monkton, in said
Addison county, setting forth that John y.
Beers ana Polly his wife of said Monkton, on
the Goth day of November, A. ID. 1915, exc
cuted to II. o. smith and II. b. Baldwin, of
SAID Monkton, mortgage deed OF certain
land, situated in said Monkton, all the same
| land conveyed 10 said Polly Beers by l.. f.
Smith, assignee in bankruptcy of the Estate
OF John A. Beers, and containing "a acres
more or less, with condition for the re
demption OF the same on the payment OF q
certain note therein described;
| That subsequently said mortgage was trans
| ferred and said note endorsed and delivered
| for value to one Fred Marck OF Hinesburgh,
| Vermont and, for the purpose effecting the re-
| lease of said Smith and Baldwin as eLdorsees
of said note said John A. Beers on the 9th
day OF May, 1879, e ecuted to said Fred Marck
a mortgage deed of certain other lands stu
ated in said Monkton, as additional security
| for said note, which said lands are an half IN
terest In three parcels of land belonging to
the estate of Eliakim Beers one parcel con.
tanning about sixty acres, one parcel, a
| school lot, containing about thirty acres, and
one parcel, called the "creek meadow" con
tanning about twelve acres, conditioned for
the redemption of the same on the payment
of n certain note therein described;
That subsequently the interest OF said John
A. Beers in the estate of said Eliakim Beers
! was divided and set out by commissioners
thereto appointed, which said division was
embodied in the report of said commls
sioners duly returned and accepted, ana
bearing date Nov Is. 1885, thereafter re.
corded
MonktOn;
That subsequently said John A. Beers by
deed of quit claim conveyed all said property
and premises to said Carter l., Beers, who
hereunder claims some intel est therein;
That subsequently said Fred Marck died
intestate and said mortgages and note came
into the possession of your petitioner as helr'
at-law of said Fred Marck and your petitioner
has since been and still is the lawful owner
of said note and mortgages;
That subsequently said John A. Beers and
Polly Beers died intestate, and no admins
traitor was ever appointed on the estate OF
either of them;
That said John A. Beers and Polly Beer;
left ners at law as follows:
Said Carter l.. Beers, Caroline Barnum and
j. L. Barnum her husband, Bertha l.: sy !
vester and Arthur sylvester her husband
Allen f. Beers, and Ellie Cole and John j
That subsequently, Adolphus n. Green OF
said Monkton, took and holds possession OF
all said lands under contract with SAID Car
ter l.. Beers for the purchase thereof, by VIZ
tue whereof said Green claims an lnteres
, therein,
And praying that said defendants may be
foreclOsed of their equity OF redemption II
said premises
Said defendants, Caroline Barnum. j.
Barnum. Berth l.. Sylvester, Arthur Sylves
ter, Allen f. Beers, Effie Cole and John j
Cole, residing without this state so that sait
petition cannot be served upon them, it Ii
ordered that they be requested to appear OF
. the first day OF the next stated term OF sait
Court to be holden at Middlebury, within ant
for the County of Addison. on the first Tues
day OF December. A. ID. 1901, then and thel'
to answer to said petition, and for that pur
pose said petitioner shall cause to be pub
ished the substance of said petition and THU
! order three weeks successfully in the Middle
bury Register, published at Middlebur,
/, aforesaid, the last of which publications tt
be at least twenty day previous TO said tern
OF said Court.
Dated at Middlebury aforesaid this 18th day
of October, A. ID. 1901.
I43 RUFUS AINWRIGHT, Clerk.
W. L. BURNAP, Solicitor for Petitioner.