Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-08-02
]. H. MERRIFIELD, Clerk.
CLARKE c. Fits, Solicitor.
STATE OF VERMONT, windham County
In Chancery, September Term, 1901.
FRANK A. JONES
VS..
CORDELIA II. PROCTOR,
+. l.. PROCTOR,
EDGAR Z. BARRETT
SAMIEL THORN.

II. l.. PROCIOR,
EDGAR E. BARRETT
SAMUEL THORN.
Whereas, Frank A. Jones formerly OF
Newfane in the county OF Windham
aforesaid, but now of Warwick in the
county of Franklin and state of Massa-
chusetts, on the 18th day of July, 1901,
filed in this court his petition for fore
closure against Cordelia II. Proctor and
E. L. Proctor of Athol in the county OF
Worcester and state of Massachusetts,,
county of Windham and state of Yer
mont, Samuel Thorn of the city, county
and state of New York, returnable at the
term of the Windham County court of
Chancery next to be i.eld at Newfane
within and for the county of Windham
aforesaid, on the fourth day of Septem-
Der, A. d. 1901, setting forth that the
said Cordelia H. Proctor and E. L. Proctor
on the first day of November, A. d. 1892,
duly executed to the said petitioner, a
mortgage of certain lands situate and
being in Newfane aforesaid, bounded and
described as follows, viz Beginning at
the northeast corner of the land hereby
conveyed, at a stake and stones on line
of land of Murray Cheney, being the
northeast corner of land of H. E. Sparks;
thence westerly on land of said Cheney
about one hundred rods to a stake and
stones, being the northeast corner of
land of Mark Adams; thence southerly on
said Adams's land about one hundred
rods to stake and stones; thence wes-
terly about forty rods to stake and
stones; thence southerly about one hun
dred rods to a stake and stones, being
the northwest corner of land of Alvin
Brown; thence easterly on land of said
Brown and Henry Akley about two hun
dred rods to a stake and stones, being a
corner of said Alleys land; thence north
erly on said Alleys land about one hun
dred rods to a stake and stones, being
said Alleys northwest corner; thence
westerly about fifty rods to stake and
stones, being the southwest corner of
land of II. e. Sparks; thence northerly on
land of said Sparks about one hundred
rods to the place of beginning, contain
ing two hundred acres, more or less; be-
ing the same premises conveyed by your
petitioner to the said Cordelia H. Proc
tor on the day of the date of the afore-
said mortgage. Conditioned for the pay
ment of the promisory note of the said
Cordelia H. Proctor for the sum of FIVE
hundred dollars, dated Nov. LIST, 1892, and
payable to your petitioner or order on de-
mand, with interest at six per cent. And
further setting forth that said note was
given for the purchase price of said
mortgaged premises. and that it had not
been paid according to the effect of the
same, but was still due and owing.
And further setting forth that the said
Cordelia H. Proctor subsequently con-
veyed the said mortgaged premises to
one Frances A. Barrett wife, of the de-
PENDANT Edgar i. Barrett. That the said
Frances A. Barrett deceased without is
sue, leaving surviving the said Edgar r.
Barrett, husband as aforesaid who now
claims to be the owner of said described
mortgaged premises by virtue of his sur
formed, by reason of said premises haV-
ing been devised to him by the last will
and testament of the said Frances A.
Barrett. And further setting forth that
the said defendant, Samuel Thorn, claims
TO have some sort of interest in said mort
gagged premises, the exact nature of
which the petitioner is not fully informed,
but believes II to be by reason of a
mortgage of the same premises, executed
to him by the said Frances A. Barrett,
the date and amount thereof the petition
er is not informed.
Wherefore, the petitioner prays that the
equity of redemption of the said Cor
e. Barrett and Samuel Thorn, in the
premises may be foreclosed agreeably to
law, and that the time of redemption by
the parties aforesaid be decreed to be
made at an early day and for other re-
lief as may seem meet.
And whereas, II being made to appear
that the said Cordelia II. Proctor, 10. L.
Proctor and Samuel Thorn, reside with
out the state of Vermont so that the or
binary process of subpoena cannot be
1T is ORDERED that the petitioner
give said Cordelia II. Proctor, e. l.. Proc
tor and Samuel Thorn, notice of the pend
dency of his said petition, and the term
of court to which II is made returnable,
by publishing the substance OF his said
petition as hereinbefore set forth, togeth-
er with this notice, in The Vermont
tleboro, in said Windham county, three
weeks successfully, the last publication
20 pc at least tWehty Gays prior 10 the
1901 of this court, and that the said Cor
! della II. Proctor, e. L. Proctor and Sam
uel Thorn, be and hereby are required to
appear in said court on the first day of
| the said term thereof, and make answer
| to said petition, otherwise the same will
| be taken as confessed, which publication
will be deemed sufficient notice for each
OF them 70 appear and make answer If
| they see fit.
Given under my hand at Brattleboro in
said county this 18th day of July, A. d.
1901.
j. H .MERRIFIELD, Clerk.
| HASKINS & SCHWENK, Solicitors for
| Petitioner. 29-31