Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1908-02-21
Petition for ForeeLosure.
ESSEX County Cont Of chaneery.
.-A -. Ia -.


ESSEX County Court OF chsncery,t
March Term, 4. ID. isos-
Charles W. Redeil ~. Helen N. Cummings.
whereas Charles W. Bedeii. Of LIttieton, in
the County of Grafton, and state OF New hAinp'
shire, has filed in the once OF the Clerk oil the
Court OF Chaucery Tor Essex County his petitl"u
Tor foreclosure. setting forth, in substance thsf
laid Helen NJ. Cummings and her husband.
ian in the County of Grafton. and state OF New
Hampshire On the 18th day OF september, n -.
ION. duly executed to Fred T. Richardson and
frank NJ Richardson OF iiuleton aiore said,
mortgage deed OF the following described land
ia Concord. in the County OF Essex aud stale oi
Vernon; All the land and premises being
same conveyed by Fred T.. Richardson and 9TH
ers TO Helen NJ. Cummings September 18th, 1900
and this mortgage j. given Tor part OF the puf-
chase-sad deed may be referred to TOT more
particular description OF said premises sAia
land aud premises are a farm in the town Of
Concord aiOre said, containing about one hundred
and SIXTY acres. and II Is bounded Northerly by
the Timothy .Richardson farm, 10 called, now
owned ~ v I Fore st. and by the Copper Mine
Farm. called, now owned by T.. r. BILLIARDS.
estate Westerly. by land owned by Lafayette
and Marine Hastings, aud by land owned by
| George Cummings Southerly by land owned BY
! George Cummings. and by the May farm, 80
/ called, now owned by frei LeClair Easterly.
| by the May farm, so called, and by the ThrycT
! farm. so called, both now owned by Fred Lee
| Clair.
! Conditioned for the payment by the said Helen
VI. Cummings, or her heirs and assigns to said
I Fred 4. Richardson and Frank ". Richardson,
/ or their heirs, the sum OF six hundred and sew
euiy-six dollars and fifty cents. according 10 the
tenor OF her, the said Helen VI. Cummings
notes of even date with the said mortgage tor
/ the sum OF six hundred and Seveuty-siS dollars
and fifty centsF payable To Fred u. Richardson
Z and Frank VI. Richardson. order, one hun
bred dollars in one year from date, one hundred
! dollars two years from date, one hundred dol
1 lars in three years from date, one hundred dol
/ lars in four years from date hundred dol
lars in 1--WE years from date, one bundled dollars
in stS years from date, and srvcuty-siS dollars
and fifty cents IN seven years from date, all
I PAYABLE with interest annually; and upon which
! said notes the said Helen 81. Cummings oil the
22ud day OF May, A. ID. 1907, paid the sum OF one
hundred dollars. aud that all of the said notes
and the annual interest thereon, less the said
sum OF one hundFed dollars, are now Justly due
and owing, and have not been paid according
IL the tenor and effect OF the same.
That the above described lands and premises
were duly conveyed by the said Fred r.. Rich
ardson and Frank NJ. Richardson to the said
Helen VI. Cummings, on the said 18th day of
September, A. n. 700, and that the above de
>CTibed mortgage deed and the notes secured by
the same were made executed and delivered
for the purpose of securing the balance Of the
purchase money not paid, and that the said
James Cummings now deceased, Joined in the
said mortgage deed with his said wife, Helen
NJ Cummings for the purpose OF conveying her
said real estate as security for the purchase
money, and that the title to the said real estate
was IN the said Helen NJ. Cummings, she hei;fg
the owner OF the same that said mortgage deed
i duly recorded in Book 20 Page 80, OF the
ia
That the said Fred r. Richardson and Frank
". Richardson on the first day OF December, A.
u. 1923, by acertain instrument in writing duly
signed, sealed, &C acknowledged and witne sed by
them duly assigned, transferred and made over
TO the Petitioner the said premises, conveyed to
them in mortgage aforesaid, and all their right
title, interest and estate in and unto the same,
together with the said seven promis sorry notes.
then wholly unpaid described in said mort
gage, and the said Fred T. Richardson and
Frank VI. Richardson endorsed the said seven
n,tP a And de-
livcred the same TO the Petitioner.
That the Petitioner is now the owner and
holder Of the said seven notes and the mortgage
securing the same that the transfer OF the said
mortgage to the Petitioner was duly recorded in
the Land Records OF the said town OF concoId in
Book 70, page AZ.
That the said Helen NJ Cummings re sides
: without the State OF Vermont so that process of
the court cannot be served upon her by an
officer
And praying that the said defendant, Helen NJ
, Cummings be decreed to pay to the clerk OF this
court, for the benefit of the Orator, the sum due
on said notes, with interest and costs by short
day TO be fixed by the Court and in default the re-
OF, that the said defendant and all persons claim
ing under her, be forever toreclos ed of all equity
Of redemption in the premises; that the Orator
have a writ of pos sion of the premises; that
the Orator be further relieved according to
equity and good conscience, and that writ of
subpoena be granted to your Orator directed to
the said Helen NJ. Cummings, commanding her
to appear before the Court OF Chancery, TO he
held at Guildhail in the County OF Essex oil the
iaSt TUESDAY III March, A. ID. 1908, then and
there TO make answer to the foregoing bill of
complaint and that the Court will grant to the
Orator an order that notice OF these proceedings
he given the defendant, Helen NJ. Cummings,
by publication.
And IT being made to appear that the said
Helen NJ Cummings is without this State, so
that citation. notice and subpoena cannot be
served upon her, the said Helen NJ. Cummings
/ Therefore, it is ordered that notice of the pend
ency of said petition for foreclosure be given
her the said Helen ". Cummings, by publica-
ton OF the substance thereof tog er with this
order, i'll the Essex County Herald, a newspaper
published at Brighton in the County OF Essex
and State OF Vermont three weeks succe ssivelv
the last OF which publications to be at lea 81
twenty days prior TO the first day OF the next
term OF Essex County Court OF Chancery, to be
held at Guildhall, IN the County OF Essex on
the last Tuesday of March, A. d. 1905 on which
day the said Helen VI. Cummings is ordered to
cause her appearance to be entered with the
Clerk OF said Court of Chancery in said cause
. otherwise said bill of complaint will be taken
as confessed.
Given under my hand at Guiidhaii in the
County of Essex, this 5th dav of February A. u.
1908. GEORGE A. HUBBARD, CLERK.
HARRY BLoDGErr. Solicitor.