St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1909-03-10
Petition for Partition.

ORLo H. PARK, | Caledonia County
VS. Court
Town of Newark ct ais. jane Term, 1908.
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: G) That he
with many others is interested in a 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. (2) That said
town was chartered August / s. 1891, and
Go propretors were named. CD 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 n
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 were not To-
GATED on good SOIL; were reported as "indit-
terent 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.
(5l Lots 8, 49, 81 81, So, 60 and 63 were not
divided, and have and now are treated and
called the undivided" 90 Each of these
undivided contains 295 acres making sub
stantially $500 acres of undivided land
% From time to time persons have taken
lana 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 does not know
the exact. quantity of land each of the classes
claim or its exact location. (S) Certain tax
sales have been had of the rights of the origi
i'm n Tina To,
long ago deceased. (10) That the petitioner
is now the owner of three shares and 20 ac-
res OF another share in the undivided"
(11) That all the defendants named in this
petition claim some rights, title or interest,
put just what right each defendant claims he
is unable to state. Defendants E. E. lib
6etts, E. +. Lockhart Edward H. Rice and
Clarence Smith claim certain timber rights
in certain shares or rights in the undivided"
02) 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
MS right or share. Petitioner prays for a
subpoena and order of notice by publication
to such parties are absent from the state
and upon hearing for such further order or
reilef as to the court may seem proper and
meet.
To said petition is attached a citation in
the words and figures following:
STATE OF VERMONT. Caledonia County. SIS
To the town of Newark: c. E. Ball, l.. B.
Lee ana l.. T. Gray, Selectmen of Newark;
Noah Hudson David King, /. B. Lee, II. D.
Packer H. E. Smith, L. c. Stoddard, H. A.
w alter Q. S. Walter. The Williams Nj anufac-
turing Co, all OF Newark aforesaid; E E. lib
bet s, and E. F. Lockhart of Northumber-
land. in Coos County, New Hampshire;
Charles G; Cheney, Edward J. Rice and
clarence 3. 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;
ana TO all persons who have or claim any in
Ierest IN said = 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 L. F.
Iibbetts, E. F. Lockhart; the heirs and as
signs of the Go original proprietors of New
irk; and those claiming under tax titles, and
'ther persons interested in said undivided
and, whose names are unknown, reside
without the state of Vermont and have no
,nown agents or attorneys therein so that
aid citation cannot be served upon them;
herefofe 1t is ordered, that notice be given
o them by publication of the substance OF
aid petition with said citation and also this
rder three weeks successfully in the GALE
DOMAIN, newspaper published at st. Johns
Jury IN sad county, which last publication
nail be at least twenty DAYS prior to the
une Term, 1909, to be held at St. Johnsbury
within said county on the first Tuesday OF
une A. D. 1909, on which day they are or,
red to cause their appearance to be entered
4 said cause
Given under my hand at Hardwick, in the
'ounty of Caledonia, this list day of March
!. d. 1909.
VIM. H. TAYLOR,
Superior Judge.
ELISHA MAY, Attorney