St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1909-03-17
Petition for Partition.

okLo ID. PARK Caiedonia county
Town of Newark ct ais June Term, 1909.
Orlo H. Park of Newark, in the County of
Caledonia, has filed In the office of the clerk
Of the County Court, for said county. his
petition for partition VS.. the Town of New
ark and many others whose names appear in
the citation hereafter made a part hereof
wherein he alleges in substance: a. That ne
with many others is interested in a certain
undivided real estate in said town of Newark
as herein after set out. He brings this petit
ion in behalf of all who claim any interest in
said undivided real estate. (2) That said
town was chartered August IS, 1871, and
65 proprietors were named. (3) One right
in the whole township was granted to each
of the following uses or purposes; One for
seminary or college; one for grammar
school, one for settled minister; one for
social worship and one for support of
school or schools in said town. And all said
rights were public rights over which the sell
ectmen of Newark have control. a. Soon
after the granting of said charter survey
was made and said town divided into rs
parts, or lots; eight of said lots were not 10.
Gated on good soil; were reported as "indif-
ferent lots" and then of small value that the
proprietors of said town allotted to the 50
owners each one lot and one lot to each
public right, or use, named in paragraph 8.
90 Lots 8, 80, 81 ST. So, 90 and 60 were not
divided, and have and now are treated and
called the undivided" co. Each of these
undivided" contains 295 acres making sub
stantially $500 acres of undivided" land.
(7) From time to time persons have taken
land as "squatters" or otherwise, and claim
to use and occupy same under rights In the
undivided others have taken deeds OF
rights of original proprietors and entered
into possession of certain portions of said
undivided" and they or their grantees are
now in possession. Petitioner doesn know
the exact quantity ofland each of the classes
claim or its exact location. 81 Certain tax
sales have been had of the rights of the origi-
nal proprietors, from time to time, to persons
long ago deceased. (10) That the petitioner
is now the owner of three shares and 20 ac-
res of another share in the undivided"
(1D That all the defendants named In this
petition claim some rights, title or interest
but just what right each defendant claims he
Is unable to state. Defendants e. E. lib.
belts, E. F. Lockhart, Edward H. Rice and
Clarence E. Smith claim certain timber rights
in certain shares or rights in the " undivided"
Q2) Some of defendants have cut large
quantities of timber much more than their
shares, as tenants in common, and he asks
that settlement of these rents and profits
be made (13) Petitioner is unable to set
out the shares or rights each defendant owns
or claims and asks that each defendant prove
his right or share. Petitioner prays for
subpoena and order of notice by publication
to such parties as are absent from the state;
and upon hearing for such further order or
reiiet as to the court may seem proper and
meet.
To said petition is attached a citation in
the words and figures following:
otA lie VI NEHMONT, SdleuOnla County, S.
To the town of Newark: c. E. Ball L. B.
Lee and l.. T. Gray, Selectmen of Newark
A. c. Burns, c. H. Cass, James Howard,
Noah HUDSON, David King, L. B. Lee H. D.
I Packer, II. B. Smith, L: c. Stoddard H. A.
Walter, U. S. Walter. The Williams Manufac-
turing Co., all OF Newark aforesaid; E. L. lib
BETS, and E. F. Lockhart of Northumber-
land Gt6 in Coos County, New Hampshire
Charles c: Cheney. Edward ]. Rice and
Clarence E. Smith of Burke, in Caledonia
County, The Vermont University and Peach,
am Academy; and to the heirs of the original
proprietors of Newark; to all purchasers OF
interest in the undivided" and their heirs
and to all persons who have or claim any in
terest in said a. undivided" in Newark. To
any Sheriff or Constable in the State to serve
and return.
Dated December /, 1908.
VIM. H. TAYLOR,
Superior Judge,
And it being made to appear that f. B.
Tibbetts. E. F. Lockhart the heirs and as
signs of the 60 original proprietors of New
ark and those claiming under tax titles, ana
other persons interested in said undivided
land, whose names are unknown, reside
without the state of Vermont and have no
known agents or attorneys therein, so that
said citation cannot be served upon thetn
therefore it is ordered, that notice be given
to them. by publication of the substance OF
said petition with said citation and also TINS
order three weeks successfully in the GALE
DOMAIN, newspaper published at St. johns,
pury, in said county, which last publicatiGn
shall be at least twenty DAYS prior to the
June Term, 1909, to be held at st. Johnsbury
within said county on the first Tuesday %
June A. D. 1909, on which day they are OF;
in said cause.
Given under my hand at Hardwick, in inc
county OF Caledonia, this list day of Marc"
A. d. 1909.
VIM. H. TAYLOR,
Superior Judge
MAY Attorney.