News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1904-05-04
WRIT OF SEQUESTRATlON.
STATE OF VERMONT, J
LAMOILLE COUNTY Deer
COURT OF CBANCERY.
b. b. BLAKE

| NOIhI Of IbANCEh1.
b. b. BLAKE
The New England Canadian Asbestos Com
R4ny, Framcls e, Hathaway, James ii.
| warning, Wallace l.. Wilcox. G. Frank
4 Allen, BerjamIn +. Rddell, Clarence ID. In
grahm Mnott A. Steel, c. S. Ramsey and
Fred l.. Smith,
WHEREAS, b. B. Blake of Eden, in the County of
L9mOlle and State of Vermont. has filed in the
ONCE of the clerk of the Court of ChaLCery aud
Ill cause the same to be entered on the d ck-t
Of the Dec. Term thereof, 1903. his Bill Of Com
pHiat against the New England Canadian as.
| DtstOs Company, corporation organized aud
| existing under and by virtue of the laws Of the
| tate Of Maine. and owning and operating an
asbestos milling and mining plant at Eden, i'm
said County Of LamOille and Francis e.
| Hathaway, James II Warning, Wallace L VIII
cox, aud q. Frank Allen, all Of Fall Rivt r. in the
County OF Bristol and State of Massachusetts );
q artLce B. Ingrahm Of Hartford IN the County OF
| lia tlOrd and stare of Connecticut Fred j.
| Smith OF Providence in the County of Providence
| and state Of Rhode Island Benjamin f Riddell
| Of said Fall River MinOt A. steel Uf Ports.
mouth IN the County Of Newport and State of
| Rhode Island and G. Ramsey o1----
N the State OF Massachusetts, and therein set
ting forth in substance -
mat the New England Canadian Asbestos
Company is q Corporation duly orgaI I'D and
existing under the avs of the state Of Maine.
Wlth an Authorized cap tai stock fore and one
hall million Of doll rs, divided into shares Of the
par value OF one dollar each, and there are at
| last five hundred and twenty stockholders,
| holding 391 39' shares Of said stock that your
|
| stock further that said corporation property,
| situated IN the town Of Eden in said County If
! LamOiilG to the value of one hundred Thousand
dollars, VII On said property consisted of valu tbe
re estate having large quantities of asbestos and
| machinery for mining nd milling the same.
| And lurther setting forth that ali of the men
| above mentioned, excepting &. 5 Ramsey. are
| directors Of the corporation, a al Sali parties
| are all non residents of this stat and &, frank
| Allen IS president, Fed /. smith is Treasurer
| and Walac l.. Wilcox is manager Of said cor
| N, b rlnp
| ton was uu"er tn control and management OF
| said board OF directors.
| Further setting lOrth that on the 9th day of
March, 1908, all of said directors and said officers
| of SaIu corporation cOntriving and fraudulent
ly intending t. get the contrOl aud title of all of
said property of said corporation located at said
| Eden into their power and hands and to raudu-
| lent deprive SAID corporation and its stOckhOld-
| ers and creditors of said property assembled in
| the city of Providence and county of Providence
| and State of Rhode Island and then and there
| SAID corporation by its said president and treas
| urer duly executed ana delivered to said fran
| els E.. Hathaway, James II. Warning, Wallace
| l.. Wilcox q. Frank Allen, Clarence b. Ingram,
| and Fred H. smith. all of whom were Then and
there directors and officers as aforesaid of said
| corporation, Il certain mortgage OF all real
and estate, property of said co pOratlun in said
| Eden. Said mortgage covering all of the rear
| estate owned by said company i'll said town of
| Eden. said mortgage was and is conditioned
| as follows: The conditions Uf this deed are such
| that if the said corporation shall upon Oemand
| pay to each Of said grantees his executors,
administrators, or assigns, all sums of MONEY
| which he shall have actually paid to, for, or in
| behalf of said corporation from tho first day of
March, 1903. OF a total sum not exceeding $4,000,
| and also interest upon each sum from the date
| of loan or paymen at the rate OF per cent. per
| anLum TO be compounded semi-annually, then
| this deed to be void, otherwise in force. 1t Is
| further provided that at the expiration of ten
| days a tier said written demand has been made
| for the paym7 ul trt of the debt specified
| in the condition aboN written which part shall
amour to at least $1,000, and Id amount 50
| demanded shall not be paid as atOre said the en-
| tire amount then existing OF SAID indebtedness
| shall thereupOn btCOme due and payable. d.
And further setting forth that on said 9Th day
of March, 1903, at said Providence and as part
of the above transaction said corporation by its
said President and Treasurer executed and de-
livered to the same parties and III addlt on said
Benjamin f. Rddel and said Minot A. Steel all
OF whom We're then and there directors and Off
GERS of said corporation as aforesaid, a certain
other mortgage of the same property and said
mortgage WAS TO be subsequent to the eceed-
ing mortgage. The mortgage provided that all
property except the land and buildings should
be called personal property. The conditions of
this mortgage i'll substance is as follows: That
if said corporation should pay said grantees all
indebtedness VIII tch IL might owe them by ca
son of endorsement or otherwise or in any otner
manner whatsoever nos exceeding $l5OA0 also
interest at per cent: Oh each sum 10 be com
pounded senil-annuully also further provided as
III the last section OF the first utsci bed mort.
gage. And further setlug lortu tnar on jhe 9Th
| uay of july, 1903, at Edeu a,rresaid, al OF the
p Operty u sad corporation AT said EHen eX-
cept TIL lands ana build ng' thr con, was sold
by George +. Town Il equity sheriff at public
auction, u.lutr said lat named mortgage as a
ChatC-I III rigag And at SAID SnerlffS sale
one G. :. Ramsey pnrpDrted . bid of property
to the amount of S4555 and Wallace l.. Wilcox,
property to TIL auUu"t OF 1924, and others prop
eTty 10 the amount of $33, total 3d. $3.50.
That he value Of all said prop rtl was at least
S30Ou0 turtner 5 t ing fourth that all of the
ahove tr4noac ions ar Iradulent the part of
81 id directors, and that said Ramsey and said
Wilcox have not paid any money for the prop
erty Purchased by them
And further setting forth that the grantees OF
the tirsi de cribtd mo tgage have brought their
petition to this HonOlaDie Court to 1Orclose their
mortgage and have asked for short day OF
redempti m, and your orator will ask leave i'll
behalf of said Oorpor to- and behalf of him.
self AMI all Other stOckhO.der-, to enter as
pa ty delende in Salt foreclosure suit, t"
answer tue same setting out the facts herein
specified, aud with thr permission OF the urt
to file cross Bill, asking for affirmative relief,
and that the at,re aid multg. ges he declared
null and void AMI that tue Same be cancelled.
And further setting forth that on the tn uay of
November, 10 3, writ of stquestraton was
granted 10y W. +. Stafford, Chancellor, whereby
all OF the property OF the above rpOratlOn of
every name and kind was seque tered anu at
tached.
The New England Canadian Ashes o. Company,
Francis l.. Hathaway, James w. Warning,
Wallace J.. Wilcox, q. frank Allen, Benjamin
+. RiddelI, Clarence ID. Ingrahm, Minot A. steel,
G. ,. Ramsey ana FREQ l.. Smith, are without
this State, 50 that a Citatt cannot he served
upon them. Therefore. it is Uldered by the
Court at The December Term, that notice of the
tendency Of said writ OF sequeStratiun be given
them by publication of sub lance thereof togeth-
er with this order in toe NEWS AND CITIZEN, "A
newspaper published at HYDE Park and Nor
risville il the COu ty of LamOille, thee WeeNs
successfully, the last OF which publications to be
at least twenty days prior to tue first day of the
next term of the Lamoille County Court of Chan
cery to be held at Hyde Park, il the County
of Lamolle, on the first Tuesday of June
d. 1901, at which time the said The NeH England
Canadian Asbestos Company, Francis +. Hath.
away, James Fl. Warning, Wallace H. Wilcox,
e. Frank Aliel, Benjamin f. Riddell, Clarence
u Ingrahm, MinOIt A. Steel. Z. :. Ramsey and
Fred l.. Smith, be ordered to appear and to
make ful, true and perfect nswer to all and
singular the matt rs ana things sec forth in the
foregoing bin of complaint OF b. T. Bll Ike and to
stand to- abide and perform the further order
and decree OF said court III the premises.
Given under my hand at hyde Park IN the
County of Lamoihe, this 25th day April, a. ID.
1904. ). b. WAITE. clerk.