Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-07-19
LEGAL NOTICES.
STATE OF VERMONT, Windham County
In Chancery, September Term, 1901.
HERBERT E. KIDDER,
JOHN L. ENsWoRTH. ct al.


In Chancery, September Term, 1901.
HERBERT e. KIDDER,
JOHN f. ENsWoRTH. ct al.
Whereas, Herbert IL. Kidder, of Wards
boro, in said Windham county, has filed
in said court his petition of foreclosure
against John F. Ellsworth of Springfield
in the county of Hampden and state of
Massachusetts, and Eugene NJ. Angler Of
Bratttleboro, In said county of Windham,
returnable at the September term of said
court, y. ID. 1901 setting forth that said
Eugene NJ. Angler, on the 18th day Of
July, 4. d. 1891 duly executed to Clarke
{. Fits of said Bra ttleboro, a mortgage
deed of certain land situate in said
Wardsboro and described as follows:
Consisting of building in South Wards
bOro used as a store and dwelling and
barn and lot, bounded on the north by a
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 Wardsbur0 City; west by
land of George Johnson; south and east
by the highway leading from South
Wardsboro 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 hs 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 2nd, 1897, duly assigned by
said Clarke c. Fits to one Charles II.
Thompson, and by said Thompson on
March 18th, 1901, duly assigned to the pc
titioner.
And further setting forth that one John
f. 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 2. 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 Mt 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-
chusetts-
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, newspaper published
at Brattleboro, in said Windham county,
three weeks successfully the last publ
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
j. II. MERRIFIELD, Clerk.
CLARKE c. Fits, Solicitor.
STATE OF VERMONT Windham County
In Chancery, September Term, 1901.
FRANK a. JONES
CORDELIA II. PROCTOR,
f. L. PROCTOR,
EDGAR E. BARRETT
SAMUEL THORN
Whereas, Frank A. Jones formerly of
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,,
Edgar r. Barrett of Brattleboro in the
county of Windham and state of YER
mont Samuel Thorn of the city, country
and state of New York, returnable at the
term of the Windham County court of
Chancery next to be held 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 II. 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 a stake and stones; thence wes-
terly about forty rods to a stake and
stones: thence southerly about one hun
bred 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 hum
dred rods to a stake and stones, being
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 a stake and
stones, being the southwest corner of
land of H. f. 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-
petitioner to the said Cordelia II. 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 +. Barrett. That the said
Frances a. Barrett deceased without is
sue, leaving surviving the said Edgar II.
Barrett, husband as aforesaid, who now
claims to be the owner of said described
mortgaged premises by virtue of his sur
worship, and, as your petitioner is in
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 it 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
della H. Proctor, e. l.. Proctor, Edgar
%. Barrett and Samuel Thorn, in the
premises may be foreclosed agreeably to
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