Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1902-02-07
Lucills II. Richardson



V. mont.
Thomas Martin. Elizabeth windham Co.
Martin and Cutler Porter. In Chancery
March Term Or
WHEREAS. Lucus II. Richardson of Brattie.
horO IN the County of Wndham aforesaid on
the 10Th day Of January, 1902, filed in this Court
| his petition for foreclosure against Thomas
Martin, and Elizabeth Martin, husband and
wife. of BrattlcburO i'm the County of Windham
ana state OF vermont, and Cutler * Porter of
Springfield, in the County of Hampden and
| State OF Massachusetts, returnable AT the term
| OF the Wtndham County Court of Chancery
next TO bc held at Newfane within and for the
county of Windham aforesaid. on the 9Th day
oi March, y. y. 1902, setting forth that the
sald Thomas Martin and Elizabeth Martin on
ne 6th day of June \. ID. 1892, duly executed
10 the SAID petitioner mortgage of certain
lands situate and being in Brattlcboro afore-
SAID bounded and described as follows. namely:
bounded west 10y the land of Morris Austin,
norm 10y the land of Julius J. Estey, east by
land OF said Esey and land of Joseph j. Fenton,
south 10y Elliot street. with buildings thereon,
beng the same premises that were conveyed to
said Thomas Martin by deed of Patrick Brosna-
nan lcco'ied in Book page AZ together
with the water and rights of water belonging
thereto and subject to the reservations and
stipuations in said decd. conditioned that said
Thomas \. Martin. or his heirs. administrators
executors or assigns, should Well and truly paw
or cause 10 he paid to the Peoples National
Bank OF BrattleDOrO. certain prOmiSory note
dated June D. 1892, signed by Daniel A. Martin
ana SAID Lucius II. Richardson. and payable to
suld bank or order, on demand with interest
annually for the sum of twelve hundred dol
lars, which said note has not been paid by the
said Thomas Martin on demand 10y said bank.
nut was on the 2lst day of February. 1895. paid
by said petitioner to said Peoples National
Bank which said note l. now held by said
petitioner ana is justly due and owing and has
nut been paid according TO the effect of the
And further setting forth thar at some time
prior 10 the giving Of said mortgage to him as
aforesaid. the said Thomas Martin and Eliza
beth Martin conveyed the said premises by
mortgage to the Vermont Savings Bank of
brati Iebufp, TO secure he payment of Il note
ff ola
said note has not been paid according to the
tenor thereof but i justly due and owing.
And further setting forth that the said de-
PENDANTS, Cutter Porter, claim to have some
sort OF an interest in said described mortgaged
premises. the exact nature of which the petit
uoncr j. not fully informed, but believes il to
De 10y reason Of mort gage of the same premises
executed 10 them 10y the said Thomas Martin
ana Elizabeth Martin some time subsequent to
the mortgage OF your sand petitioner. but the
exact date and amount thereof your petitioner
i not fully informed.
And further setting forth that the security
Is inadequate TO meet the indebtedness CON
slstlnE 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
IN Elizabeth Martin and Cutler Porter in
the premises may be foreclUsed agreeably to
law ana that Inc time of redemption of the
parties aforesaid may be shortened and decree
be made AZ an early day. and for other and
iurthef rellef as may seem just and meet. And
whereas II being made to appear that the said
cutter Porter reside without the State of
Vermont 50 that the ordinary process of sub
poena cannot Toe served upon them. il is ordered
that the petitioner give said Cutler Il Porter
n"tlce OF the pendcncy of said petition and the
term of court To which il is made returnable
10y publishing the substance of his said petition
rs hcrclnbefOre set forth together with this
notice. III The Vermont Phoenix. IA newspaper
printed al Biatteboro in said Windham Coun-
~. three weeks successfully. the last publica-
non 70 be az least twenty days prior TO the
lrst day OF the March Term. \. ID. 1902, of this
'urt, ana that the said Cutler Il Porter be
ana 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 he taken as confessed. which
publication will be deemed sufficient notice
Tor them To appear and make answer if they
see TIT.
Given under my hand at Brattleboro in said
county this 18th day of January, 4. ID. 1872.
j. II. MERRlFIELD, Clerk.
HAskINs n SCHwENK. Solicitors 40