Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1908-02-14
Petition for Foreclosure.
I.~seN County Court Of Chaneery,
March Term. A. u. los

March Term. a. u. lsos.
Charlie, W Bedcll v> Helen NJ Cummings.
Wh,r,a, Charles W Bedell, Of I.iitie,on, in
the County oi Grafton, and state OF New iamp-
shire has filed IN the office of the CLERK OF the
Count Of Chanccry ioT Essex County his petition
tor foreclosure setting forth, III substance, that
said Helen VI. Cummings and her husband,
lance Cumming g., now deceased, both OF Little
Ton IN the County of Grafton, and state Of New
Hampshire on the 18th day OF september, A. u.
ly,1. duly executed to Fred T.. Richardson and
Frank NJ. Richardson OF l.Iuleton aforesaid a
mortgage deed Of the following described land
In Concord, IN the County OF Essex and state OF
Vermont All the land and premises being
same conveyed by Fred Il. Richardson and 9th
e.. To Helen NJ Cummings september 18th, 1900
and this mortgage j. given for part OF the pur-
cha-c-sad deed may he referred to for a more
particular description Of said premises; said
land and premises are farm IN the town OF
Concord afure said, containing about one hundred
and sixty acres aud il l. bounded Northerly by
the Timothy Richardson farm, so called, now
owned by V !. Forest and by the Copper Mine
Farm. 50 called. now owned by J.. i. Billiards
estate: Westerly, 10y land owned by Lafayette
and Marine Hastings and by land owned by
George Cummings, SUutherly by land owned by
George Cummings, aud by the MAY farm, 80
called, now owned by Fred LeClair Easterly.
10y the MAY farm, 80 called, and by the Thayer
farm, 80 called, both now owned by Fred lie
Clair.
Conditioned for the payment by the said Helen
VI Cummings, OF her heirs and assigns, TO said
Fred L.. Richardson and Frank VI. Richardson,
or their heirs the sum OF six hundred and sew
cnty-siN dollars and fifty cents, according to the
tenor of her, the said Helen VI. Cummings
notes of even date with the said mortgage for
the sum of six hundred and seventy-SiN dollars
ami hity cents. PAYABLE to Fred T.. Richardson
aud frank VI Richardson. OF order, one hun
lrcd dollars in one year from date. one hundred
dollars two year, from date, one hundred dol
+ lars ia three years from date one hundred dol
. lag~ iu four wears from date, one hundred dol
lars VA five wears from date one hundred dollars
~ six years from date, and seVenty-SiN dollars
ana httN Ceuts in seven years from date, all
payahlfwith interest annually; and upon which
said notes the said Helen NJ. Cummings on the
l'ud day OF May, \. H. 1000, paid the sum OF one
hundred dollars and that all of the said notes
and the annual interest thereon. less the said
sum of one hundred dollars, are now Justly due
and owing and have not been paid according
to the tenor aud effect of the same.
That the above described lands and premises
were duly conveyed by the said Fred f.. Rich
lrdSOu and Frank VI. Richardson to the said
Helen VI, Cummings, on the said 2Sth day of
. September A. u. 1000 and that the above de
~crihed mortgage deed and the notes secured by
the same were made, executed and delivered
10y the purpose of securing the balance OF the
purchase money not paid, and that the said
James Cummings, now deceased, Joined III the
said mortgage deed with his said wife, Helen
NJ Cummings. tor the purpose of conveying her
said real estate a. security for the purchase
money, and that the title to the said real estate
was IN the said helen NJ. Cummings she being
the owner of the same that said mortgage deed
il duly recorded III Book 20, Page 30, OF the
Land Records OF the said Town OF Concord.
That the said Fred l., Richardson and Frank
NJ. Richardson on the first day OF December, 4.
u. l0p. BY a certain instrument in writing duly
signed, sealed acknowledged and witnes sed by
them duly signed, transferred and made over
to the Petitioner the said premises, conveyed to
them in mortgage aforesaid and all their right
tit'c, interest and estate in and unto the same,
together with the said seven promisSory notes
, then wholly unpaid, described in said mort.
gage and the said Fred +. Richardson and
, Frank VI. Richardson endorsed the said seven
notes without recourse and then and there de
lNcred the same to the Petitioner.
, That the Petitioner i 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 Concold i'll
Book 90 page Az.
, That the said Helen NJ Cummings resides
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 VI
Cummings be decreed to pay to the clerk OF this
: court, for the benefit OF the Orator, the sum due
4 IN said notes, with interest and costs by short
day To- be fixed 10y the Court and in default there
o. that the said defendant and all persons claim
ing undcr her, he forever foreclosed of all equity
Of redemption in the premises; that the Orator
have wit Of possession of the premises; that
: the Orator he further relieved according to
equity and good conscience, and that writ OF
subpoena hc granted TO your Orator directed to
the said Helen NJ Cummings, commanding her
to appear before the Court of Chancery, TO he
held at Guildhall in the County of Essex, on the
> last Tuesday i'll March A. D. 1905 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 proceeding
be given the defendant, Helen NJ. Cummings
by publication.
Aud it being made to appear that the said
Helen VI. Cummings is without this state, Sc
that citation, notice and subpoena cannot be
served upon her, the said Helen NJ. Cummings
Therefore, it IS ordered that notice OF the pend.
eucy of said petition tor foreclosure be given
her, the said Helen NJ. Cummings by publica
ton OF the substance thereof, together with this
order, iii the Essex County Herald newspaper
published at Brighton, In the County of Essex
and state OF Vermont, three weeks success sivelv
, the last of which publications to be at leas,
twenty days prior to the first day of the mex,
term OF ESSEX County Court OF Chancery, to be
held at Guldhall, in the County of Essex on
the last Tuesday of March A. u. 1905 on which
day the said Helen NJ. Cummings is ordered to
cause her appearance to be entered with the
Clerk OF said Court OF Chancery i'll said cause
otherwise said bill of complaint will be taken
as confessed.
Given under my hand at Guildhall i'll the
County of Essex, this Sth day of February A. D.
1905. GEORGE A. lit BBARD CIEpK
HARRY BLoDGErT, Solicitor.