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

ORLo H. PARK, Caledonia County
VS.. Court,
Town of Newark ct ais jane 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: % That he
with many others is interested in certain
| undivided real estate in said town of Newark
| as hereinafter set out. He brings this petit
| ion in behalf of all who claim any interest in
| said undivided real estate. CD That said
| town was chartered August 4 5, 1891, and
IS propretors 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 a grammar
| school; one for a 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 a survey
was made and said town divided into IS
parts, or lots; eight of said lots not To-
Gated on good SOIL were reported as indif-
ferent lots " and then of small value that the
proprietors of said town allotted to the 65
owners each one lot, and one lot to each
public right. or use, named in paragraph 3.
90 LotsS, 80, 81, 81, So, 90 and 60 were not
divided, and have and now are treated and
called 1.-THE undivided" (6) Each of these
undivided" contains 295 acres making sub
% 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 of land each of the classes
claim or it's exact location. (S) 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 % ac-
res of another share in the undivided"
I'D 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 Z. 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"
(12) 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 a
subpoena and order of notice by publication
to such parties as are absent from the state
and upon hearing for such further order or
relief as TO the court may seem proper and
meet.
To. said petition is attached citation in
the words and figures folowing
STATE OF VERMONT, Caledonia County, SIS.
To the'town of Newark: c. E. Ball, L. B.
Lee and l.. 7. Gray, Selectmen of Newark
A. c. Burns, c. II. Cass, James Howard
Noah Hudson, David King, L. B. Lee, H. D.
Packer, H. +. Smith, L. c. Stoddard, H. A.
Walter, U. S. Walter. The Williams Manufac-
turing Co., all OF Newark aforesaid; E. E. Tib-
bets, and E. F. Lockhart of Northumber-
land, in Coos County. New Hampshire;
Charles C. Cheney. Edward J. 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 undivided in Newark To
any Sheriff or Constable in the State to serve
and return.
Dated December 1, 1908
VIM. H. TAYLOR,
Superior Judge.
And it being made to appear that E. E.
Iibbetts, E. F. Lockhart; the heirs and as
signs OF the 90 original proprietors of New
ark; and those claiming under tax titles and
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 them:
therefore it is ordered that notice be given
to them by publication of the substance of
SAID petition with said citation and also this
order, three weeks successfully in the GALE
DOMAIN, a newspaper published at ST. Johns
bury, in said county which last publication
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 of
June A. D. 1909, on which day they are or
dred to cause their appearance to be entered
In said cause.
Given under my hand at Hardwick, in the
County of Caledonia, this list day of March
A. d. 1909.
VIM. H. TAYLOR,
Superior Judge.
ELISHA MAY, Attorney.