The Barre daily times. (Barre, Vt.) 1897-1959, 1907-02-07
Nellie Matthew'S ID chauncery,
vs.. Washington CO.
Frank Tracy Ct al. Mat. Term, 1907

L. ~ ttEANANFa ANNAAAI AAdIlnNMH VA bl4C Aih3
lof Barre in the county Of Washington
hf this day fled in the Office Of the
lrlerk Of the court Of chancery oil the
county OF Washington her bin Of com-
Iplaint against Frank Tracy and 4. J.
Deavitt Of Montpelier III the county Of
Washington, Henry r. Matthews, for
merly Of Berlin in said county, Geo. e.
Bales Of Wilton in the state of New
Hampshire, and George Emerson Of Ber-
Hin, state of Vermont, and s. r. Gale
lof Gale, N. r., setting forth in sub
stance; That the oratrix was lawfully
Joined in marriage with the said Henry
f. Matthews, that he owns farm in
the town of Berlin and the buildings
thereon, and other personal property to
the value Of foTty-five hundred dollars,
land that he has large sums Of money
deposited In certain other banks in De-
Itroit and elsewhere; that she lived and
Presided on said farm in said town OF
Berlin with the said defendant, Mat
thews; that while absent from said
farm, securing medical assistance, the
Esaid Matthews rented said farm as he
Iclaims to the said George Emerson. and
then said Matthew's absconded from the
. aAHNN AAAA DNto rtElNltu himself 80 HtbdN
process could not be served upon him
leitner within or without the state and
Whereas, the said defendant, Mat
thews left the oratrix destitute and I'M
able to take care OF herself That on
the day Of August, 1902, she
brought her petition returnable to the
next term Of the Washington county
court, for divorce, praying therein for
temporary and permanent alimony, and
that said cause Is now pending in said
courts that the defendant, Matthews, so
seereted himself that notice Of several
Il motions for temporary alimony could
mot be served upon him, that he also
lgave out in words and speeches that he
would not support the oratrix nor aid
nor assist her in any way. and that
HE would sen or dispose 81 his prop
ertv 80 that the oratrix would Be de-
prived Of her rights in and to the same.
land would place his property beyond the
reach Of process; that in pursuance OF
said threat, the said defendant, Mat
thews. entered into certain arrangements
land agreements with said defendants ex-
lcept Tracy TO the end and for the pur-
pose of bringing suits against the saio
defendant. Matthews, attaching his saIo
property, 10 sell and dispose OF the same
and thereby defeat the rights Of the
oratrix in and to her homestead in said
property and her rights Of alimonY in
and to the same; that all Of said suits
were brought bv said I j. Deavjtt, at
torney for the said plaintiffs, and said
real estate was attached on said writs
THAT no one appeared for The said de-
fendant, Matthews; that two OF said
suits were brought by relatives Of the
said defendant, Matthews; that the case
of George +. Bales vs. Henry Matthews
was entered in court in due course, and
continued from time to time until tho
March term III Washington county court,
1906 when Judgment was entered against
the said defendant by defmilt; that the
suit Of Gale against the said defendant
Matthews is now pending in said Wash
ington county court, and that the said
defendant has not appeared. nor has any
person entered their appearance for him
Judgment was entered in the Bales case
for the sum Of $500 damages, and costs
in the sum Of S44, that an execution
was issued and delivered 20 Frank Tracy
sheriff of Washington county. That he
levied upon the property OF the defend.
ant, Matthews. that he advertised the
same for sale on the goth day of Decor
her. 1906; that your orstrix on the 2Sth
day OF December, 1906, secured re.
straining order signed BY George Nj
Powers, chancellor, restraining and for.
bidding the said Tracy from selling and
disposing Of said property until the mo-
ton for temporary injunction could
be heard and disposed Of, and
. Whereas. the oratrix alleges that she
has d homestead interest IN and to said
property that she has never sold Or in.
numbered the same in any way or man.
ner. and
Therefore, your oratriy prays:
j list. That the premises considered q
writ Of subpoena be granted TO yoln
, oratrix to be directed TO the said de
PENDANTS, commanding them to appear
before the court OF chancery TO be held
at Montpelier. within and for the county
tof Washington, on the first Wednesday
after the first Tuesday in March, 4. d
1907, then and there to answer to tbs
foregoing bin OF complaint and you are
hereby commanded to cause your ap.
pearance to be entered by the clerk OF
said court on the return day hereof
and 10 stand TO and abide such order
direction and decree therein as to The
honorable court shall seem meet.
2nd That the premises consideres
q temporary injunction or restraining
Iorder pending a hearing on o motion fol
4 temporary injunction may issue. re-
straining and forbidling the defendants
Tracy, Deayitt, Bales, from selling ant
ldisposing Of said property until further
order of the court, and until said di
vorce case and the question Of alimony
be heard and disposed Of
Bird That said Judgment in the cast
Of Bales vs. Matthews, as hereinbeforl
referred 70, upon final hearing, BE de
elared null and void and set aside.
9Th. That the case vs.. said Matthews
az act forth in the foregoing bill OF com
plant, I've ordered paid or discontinued
, nnd that the said Gale and Matthews
their servants, agents and attorneys, b
! strictly enioined and forbidden from
( prosecuting said case to final judgement.
9Th. That upon final hearing, If thl
court IN the exercise of its sound iudg
meut and discretion, DEGREES that sait
. judgments or cases should not be per
, lpetuahy enioined to final execution, ans
the said parties should not be perpctu
alIy restrained ami enioned from pur
suing the same to final Judgment, ther
the oratriN prays that said execution
Judgment and other cases pending b.
stayed and the parties and their attor
neys and agents restrained from pressing
the same TO final Judgment and cxecu
ton until the rights Of the oratrix il