Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1902-01-31
Inrins Ii. Richardson.
State of YER

l4titlll> IL. fblcndIuSDn. state OF Yer
- vs.. mont.
Thomas Martin. Elizabeth Windham Co.
Martin and Cutler Porter. In Chancery
March Term. G..
WHEREAS. Lucius II. Richardson of Brattle-
boro in the County of Windham aforesaid on
the 18th day of January, lS2, filed in this Court
Martin. and Elizabeth Martin, husband ufTi-
wife, Of BrattebOro in the County of Windham
aud state of Vermont, and Cutler n Porter of
Springfield. in the County of Hampden and
state OF Massachusetts returnable at the term
OF the Windham County Court of Chancery,
next to lie held at Newfane within and for the
County of Windham aforesaid. on the jth day
of March. \. ID. 1902, setting forth that the
SAID Thomas Martin and Elizabeth Martin on
the hth day OF June \. ID. lSr!, duly executed
To the said petitioner IA mortgage of certain
lands situate and being in BattlebOrO afoTe-
Sad bounded and described as follows, namely:
Bounued west by the land of Morris Austin,
north by the land of Julius j. Estey, east by
land of said Estey and land of Joseph j Fenton,
south 10y Elliot Street, with buildings thereon
beng the same premises that were conveyed 10
said Thomas Martin by deed of Patrick Brosna-
nan recorded in Book Y page As, together
with the water and rights of water belonging
thereto ana subject 10 the reservations and
stlpulations in SAID deed. condit toned that said
Thomas \. Martin, or his heirs. administrators,
executors or assigns. should well and truly pay
or cause TO lie paid to the Peoples National
Bank of Brattleboro. IA certain promisory note,
dated June d. ISL. signed by Daniel \. Martin
and said l.ucius H. Richardson. NJ d payable TO
said bank or order, on demand with interest
annually for he sum of twelve hundred dol
ldIS, WnlCn sdlu note has not been pad by the
said Thomas Martin on demand 10y said bank,
but was ON the list day of February. 1895. paid
ny sald petitioner to said Peoples National
hank which said note Is now held by said
petitioner and is justly due and owing and has
not been paid according to the effect of the
same.
And further setting forth that AT some time
prior to the giving of said mortgage to him
aforesaid. the said Thomas Martin and Eliza
beth Martin conveyed the said premises by
mortgage To the Vermont savings Bank of
Bratlleboro 10 secure the payment of IA note
for the sum of eleven hundred dollars which
SAID note has not been paid according to the
tenor thereof but is justly due and owing.
And further setting forth that the said de-
PENDANTS, Cutler Porter. claim to have some
sort of an interest in said described mortgaged
premises, the exact nature of which the petit
tloner is not fully informed. but believes il to
be by reason of Il mortgage of the same premises
executed To them by the said Thomas Martin
and Elizabeth Martin some time subsequent To
the mortgage of your SAID petitioner. but the
exact date and amount thereof your petitioner
is not fully informed.
And further setting forth that the security
is inadequate 10 meet the indebtedness con
slstlng OF the amount due ON said savings
Bank mortgage and the amount of said mort
gage to said petitioner.
wherefore the petitioner prays that the
equity of redemption of the said Thomas Mar
TIN, Elizabeth Martin and Cutler X Porter in
the premises may be fOrecOScd agTeeahly To
law and that tine time of redemption of the
parties aforesaid may be shortened and decree
uc made al an early day, and for other and
further relief ms may seem Just and meet. And
NhCltds u bclhS Hutlt ~ uplcut llldl Tue saul
Cutler Porter reside without the State of
Vermont so that the ordinary process of sub
poena cannot he served upon them. ii is ordered
that the petitioner give said Cutler Porter
notice OF the tendency of said petition and the
term of court to which il is made rcturnable
10y publishing the substance OF his said petition
ms hcrcinhcfore set forth together with this
notice in The Vermont Phoenix, II newspaper
printed AT BrattlebOro in said Windham Coun-
ty. three weeks successfully, the last publiCa-
lion To be AT least twenty days prior to the
first day of the March Term, \. ID. 1902, of this
Court, and that the said Cutler n Porter he
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 lie taken MS confessed, which
publication will he deemed sufficient notice
for them TO appear and make answer if they
see fit.
Given under my hand nj BrattlehOro in said
County this 18th day of January, \. ID. 1872.
j. IL. MERRlFlELD, Clerk.
| lIAsKINs Il SCHwENK, solicitors. 40