Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1902-06-06

ALBERT A. BALL. Trustee State of Vermont,
SAMUEL GREENoUGH, ! Court of Chancery
Whereas, the petition of Albert A. Ball, Trus-
tee, of Springfield in the County of Hampder
and State of Massachusetts, filed in this Court
on the 10Th day of May, A. ID. 1902, returnabe at
the Windham County Court of Chancery. next
tobe held at Newfane within and for said Coun-
ty of Windham on the first Wednesday after
the first Tuesday of September, A. u. 1902
Showeth that Samuel Greenough of Lowell, in
the County of Middlesex and State of Massa-
chusetts on the 9th day of April, A. ID. 1901 duly
executed to said Albert A. Ball, Trustee, mort
gage deed of certain land in Guilford in the
County of Windham and State of Vermont, de-
scribed as follows. viz. Beginning on the high
way leading from Brattleboro, w. to Leyden,
Mass, at the Northwest corner of the farm,
running eastery on land of Amos Prouty to land
owned by Frank K. King; thence South on land
of said King to the land of Alyah Smith estate
thence Westerly on land of said Smith estate to
the highway aforesaid; thence passing said
highway and running Southerly to land of W.
Fl. Jacobs estate; thence Westerly on land of
said Jacobs estate to land formerly owned hy
S. L; Brooks estate to place of beginning. Being
the home farm recently owned and occupied by
Frank r. King. Also another piece of land
known, as the Long Lot bounded as follows,
North by land of Geo. n. Bond and land owned
by Frank r. King East by land of j. Henry
Pratt; South by land of Bert Whttemore; West
by land of 5. A. Smith Co., and one Weymouth
and the home farm of f. r. King, containing in
the whole 1871 acres of land more or less, with
the buildings thereon, being part of the prem
ises conveyed to me, Samuel Greenough. by F.
T. King, dated March 10th, 1901, and recorded
in Guilford town records, Book 81, Page 1872,
conditioned for the payment of $500 dollars, in
one year from the date of said mortgage, with
interest semi annually at five per cent which is
now justly due and owing, and has not been paid
according to the effect of the same.
And the petitioner further AYERS that on, to
wit, October %, 1901, said Samuel Greenough
conveyed said land and premises to one Francis
A. Boutwell,, of Stockbrldge, Vermont, subject
to the said mortgage that on or about April
LIST, 1902. said Boutwell, deceased. at said Stock
bridge, leaving daughter, Beatrice |. Conyers.
as his sole heir at law that said Beatrice l. Con-
yers is married woman. the wife of L. ID. Con-
yers, of New Dorchester, in Boston, Suffolk
County, Massachusetts, that on, to wit. April
18th, 1902, one Beatrice l. Conyers Of Boston,
Massachusetts, was by Honorable Probate Court
for the District of Hartford, duly appointed ex-
ecutriX upon the estate of said Francis A. Bout
well: that the petitioner understands and be-
lieves that one II. n Gum, of Brattleboro, in
said County of Windham, claims some right,
title or interest in said land or premises. But
the petitioner AYERS that the right, title or in
terests of the estate of said Francis A. Boutwell,
and of said Beatrice l; Conyers., and said E. D,
Conyers. her husband, and said II. n. Gum, in
said premises, are all subordinate to the right,
title and interest of the orator therein under
said mortgage.
And the orator AYERS that he understands and
believes said farm to be rapidly depreciatlng in
value by reason of being poorly cared for and I
being kept and managed in an understandable |
manner: that said Gum is managing said prop |
erty, and threatens to, and the orator believes |
will unless restrained by a temporary order of
this Court, sell off the hay and growing crops of
the present year, from said farm, all of which /
would be to the great detrnent and injury of .
said property.
Wherefore, the petitioner specially prays that |
an injunction order may issue in the premises /
enjoinng and restraining all said defendants.
their attorneys, servants and agents from sell
ing off or removing from said premises any of
the grass or hay, growing or that may be grown
on said farm during the present year.
And the orator prays that an order or notice
of this petition and summons upon said defend
ants GTeenough, Beatrice |. Conyers and T.. u.
Conyers by publication be made in the prem
ises.
And wherefore the petitioner prays that the
equity of redemption of the said Samuel Green
ough, Beatrice |. Conyers, +. ID. Conyers and
said Beatrice l. Conyers, eXecutrix upon the es-
tate of said Francis A. Boutwell,, in the premises
may be foreclosed agreeably to the provision of
law.
Therefore, upon presentation of the foregoing
prayer to the Chancellor, 1T Is ORDERED:
THAT each of said defendants, their attor-
neys agents and servants be and hereby are re-
strained and enjoined from removing or selling
oil from the land and premises described in said
petition, any of the hay or grass growing or to
De grown upon said property during the present :
season. until further order. This injunction ,
shall not be served nor become operative until
The petitioner executes to the defendants bond
n the penal sum of five hundred dollars condi- {
Toned according to the Rule in such case made
md provided, to be approved by the clerk.
Given under my hand at Randolph, in Orange
County, this eth day of May, A. d, 1902 I
JOHN W. RowELL, Chancellor"
And whereas it being made to appear that the !
aid Samuel Greenough, Beatrice l. Conyers, E.
}. Conyers and Beatrice l. Conyers. executrix /
lpon the estate of E. A Boutwell,, deceased, re- | !
ide without the State of Vermont so that the {
ordinary process of subpoena cannot he served :
pon them, it is ordered that the petitioner give
aid Samuel Greenough, Beatrice /. Conyers, \
:. ID. Conyers and Beatrice l. Conyers exc |
utrix. notice of the pendency of said |
'etition and the term of court to which it [
; made retunable by publishing the sub e
lance of his said petition as hereinbefore set 7
orth together with this notice, in the Wind 1
am County Reformer, newspaper printed at v
'rattleboro in said Windham County, three
7eeks successfully the last publication to be at
East twenty days prior to the first day of Sep y
ember Term, A. ID. 1902, of this Court and that n
he said Samuel Greenough, Beatrice l. Conyers, n
). d. Conyers and Beatrice l. Conyers, eXecu- /
rix, he and hereby are required to appear in
aid Court on the first day of the said term S
hereof and make answer to said petition; other \
Use the same will be taken as confessed. which !;
will he deemed sufficient notice for 4
hem to appear and make answer if they see fit. /
Given under my hand at Brattleboro in said :
ounty this 18th day of May A. D. 1902. =
Attest, j. Fl. MERRIFIELD. Clerk.
j. II. MERRIFIELD, Clerk.