Middlebury register. (Middlebury, Vt.) 1886-1937, 1901-11-08
Seeal 17otices.
JOHN VS.. MARcK, STATE OF VERMONT,
VS.. ADDISON COUNTY.
CARTER L. BEERS, ct al. In Chancery.

December Term, A. d. 1901.
Whereas. John V. S. Marck. of Shelburne,
in the County of Chittenden, has tled his peti
ton to the Court of Chancery, 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 +. Beers of Coleman, Winneshiel<
County, Iowa, Efie Cole and 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 ana Polly his wife of said Monkton, on
the 18th day OF November, n. ID. 1873, exc
cuted to II. o. Smith and IL. B. Baldwin, Of
SAID Monbton, 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 - acres
more or less, with n 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 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, ex 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, q
school lot, containing about thirty acres, ana
one parcel, called tine "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 in the report of said commits
sioners duly returned and accepted, and
bearing date Nov. 10. 1880. was thereafter re:
corded on page s29 OF the land records OF said
That subsequently said John A. Beers by
deed of quit claim conveyed all said property
and premises to said Carter i. Beers, who
hereunder claims some inter 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 ana
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 Beers
left heirs at law as follows:
Said Carter l.. Beers, Caroline Barnum ana
J. r. Barnum her husband, Bertha l.; syl'
vester and Arthur sylvester her husband,
Allen +. Beers, and Ellie Cole ana Jonn j..
Cole her husband;
That subsequently Adolphus y. Green, of
said Monkton, took and holds possession or
all said lands under contract with sald Car
ter l.. Beers for the purchase thereon, by VIZ
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.. r.
Barnum, Berth l.. Sylvester, Arthur Syives-
ter, Allen +. Beers, Eftie Cole and John >;
Cole, residing without this state so That sara
petition cannot be served upon them, II Is
ordered that they be requested to appear on
the first day of the next stated term or SAID
Court TO be holden at Middlebury, within and
for the County of Addison. on the first Tues
day of December, A. ID. 1901, then ana tneie
to answer to said petition, and for that pur
pose said petitioner shall cause to be pup
iished the substance of said petition and this
order three weeks successfully In the MIDDLE
bury Register, published at Middlebury
aforesaid, the last of which publications TO
be at least twenty days previous to said term
OF said Court.
Dated at Middlebury aforesaid this 18th day
OF October, A. ID. 1901.
4s RUFUS WAINWRIGHT, Clerk.
w. l.. BURNAP, Solicitor for Petitioner.