Middlebury register. (Middlebury, Vt.) 1886-1937, 1901-11-01
SeoaI 11ottces.
JOHN ". $; MARCH, STATE OF vE I!s,1I,
VS.. ADDISON COUNTY. I
CARTER L. BEERS, ct al. In Chancery.

December Term. a. d. 1901.
Whereas. John V. 5. Marck, of Shelburne,
in the County of Chittenden, has filed his peti
ton to the Court of Cnancery, within and for
said County of Addison, at The December
term, A. ID. 1901, against Carter l.. Beers of
Bristol, in said Addison County, Caroline
Barnum and j. Z. 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 L. Beers of Coleman, Winneshiek
County, Iowa, Ellie Cole ana John j. Cole her
husband of Oakville, Lynn County, oregon.
and Adolphus \. Green of Monkton, in said
Addison county, setting forth that John y.
Beers and Polly his wife of said Monkton, on
the 18th day of November, a. ID. 1919, exc
cuted to II o. Smith and II. B. Baldwin, of
SAID Monitor, n mortgage deed OF certain
land situated in said MonKton, all the same
land conveyed to said Polly Beers by l.. e.
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
certain note therein described,
That subsequently said mortgage was trans
ferred and said note endorsed and delivered
| for value TO one Fred Marck OF binesburgh
Vermont, and, for the purpose effecting the re-
lease of said Smith and Baldwin as endorses
of said note, said John A. Beers on the 9th
day OF May, 1879, executed to said Fred Marck
a mortgage deed of certain other lands stu
ated in said MOnktou, 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 a 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 III the report of said cOmmis
siOners duly returned and accepted, and
bearing date Nov. 10, 1850. was thereafter re.
corded on page 329 of the land records of said
That subsequently said John A. Beers by
deed of quit claim conveyed all said properly
and premises To said Carter l.. Beers, who
= thereundec claims some int est therein;
That subsequently said Fred Marck Died
intestate ana said mortgages and note came
into the possession of Your petitioner as heir.
at-law of said Fred Marck and your petitioner
has since been and still is the lawful owner
| of said note ana mort cages
That subsequently said John A. Beers and
Polly Beers died in,estate, and no admins
traitor was ever appointed on the estate or
| either of them;
That said John A. Beers and Polly Beers
left neirs at law as follows;
Said Carter l.. Beers, Caroline Barnum and
J. p Barnum her husband, Bertha l.; -
Allen f. Beers. and Ellie Cole and John J.
Cole her husband;
That subsequently Adolphus y. Green, OF
said MonktOn, took and holds possession OF
all said lands under a contract with said Car
ter l.. Beers for the purchase thereof, by vir
tue whereof said Green claims an interest
| therein,
And praying that said defendants may be
foreclosed of their equity OF redemption In
said premises.
Said defendants, Caroline Barnum. J. p
Barnum, Berth L. sylvester, Arthur sylves
ter, Allen +. Beers, Effie Cole and John j
Cole, residing without this state so that said
petition cannot be served upon them, it Is
ordered that they be requested to appear or
the first day OF the next stated term OF said
Court to be holden at Middlebury, within ano
for the County of Addison. on the first Tues
day of December, A. ID. 1901 then and thei
to answer to said petition, and for that pur
pose said petitioner shall cause to be pub
lished the substance OF said petition and thi:
order three weeks successfully in the Middle
bury Register, published at Middlebury
aforesaid. the last of which publications tC
be at least twenty days previous TO said term
OF said Court.
Dated at Middlebury aforesaid this 10th day
OF October, A. d. 1901.
43 RUFUS WAINWRIGHT, Clerk.
W. l.. BURNAP, Solicitor for Petitioner.