The Barre daily times. (Barre, Vt.) 1897-1959, 1911-06-20
STATE OF VERMONT.
Washington County, IS.
In Chancery,
September Term, 1911.
y Hutehins & II. II. Bailey

Rvas, Mercedes Canales, kuisibo Fren-
andez 4 Frank Sherburne
Whereas, A. b. Hutehins and f. III.
Bailey. both of the Town of Barre, in
the County of Washington and State
of Vermont, have brought their bill of
foreclosure against Herbert j. Slayton,
Trustee Of the bankrupt estate of Euisi-
DO FERNANDEZ, OF the City of Barre, in
the County Of Washington, Aureliano
Rivas. Mercedes Canales, Euisibo Fren,
andez and Frank Sherburne, al of Mont,
pelier in the County OF Washington and
State of Vermont, which cause is now
pending in the Court OF Chaneery in the
County of Washington and State afore-
said, and therein complain and say, that
Joseph Canales, Mercedes Candles, Aure-
liano Riyas, all of Montpelier, in the
County of Washington and State of
Vermont. on the l4th day Of February,
A. d. 1906. executed three promissory
notes and delivered the same to A. b.
Hutohns and r. n. Bailey, one of three
hundred $4,000 dollars, payable on or
before March LIST, A. d. 1907, one OF
five hundred $500 dollars, payable on
or before the lst day of March, A. ID.
1908, and one of seven hundred and thir-
.ty five tS735) dollars, payable on or be-
fore March LIST 1909. and all with in,
terest annually, and ia order to secure
the payment of said notes according to
their tenor, the said Joseph Canales,
on the l4th day OF February, A. ID.
1906. in consideration Of fifteen hum
dred Isl 500 dollars, by his deed Of that
H. h.y asslx taA
edge and recorded conveyed TO the
said A. B. Hutchins and f. H. Bailey
the following described land in the town
of Barre, in the County Of Washington
and State OF Vermont, viz. Beginning
at the southwest corner pier stone of
the Joseph Canales stone shed which
stands on the land hereby conveyed;
thence North 3s deg, so m. E. one
hundred and eleven feet to a stake and
stone; thence North 81 deg, 10 m,
W. sixty feet 10 stake and stone;
thence South 80 deg, 80 m, w. one
hundred and eleven feet to the south
west corner pier stone Of said shed;
thence south 81 deg, 10 M. +. six
~ feet to place Of beginning, Being
the same land and premises and priv.
leges thereto attached aud subject to the
same conditions that T. J. Woodbury.
and f. II. Bailey conveyed to Joseph
Canales by deed bearing date the Sth
day Of February. 1906, also all the ma
chinery attached and used with said
stone shed on the laud, upon condition
that If the said notes should be paid ac-
cording to their tenor said deed to be
be void, otherwise of force, as by said
deed will more fully appear,
And further representing that the
said Joseph Canales, on the 14th day of
July. A. D. 1906, gave two notes to
Aureliano Riyas, amounting to one
thousand and seventy-eight dollars and
seventy.fiye cents lsl07s,75l and in or
der to secure the payment of said notes
according TO their tenor, the said Joseph
Canales on the same day, in considera.
ton Of said sum BY his deed Of
that date conveyed to the said Aureli-
ano Rivas the said land and premises
above described setting forth prior
to the said A. B. Hutchins
and E. H. Bailey and that said mort.
gage remained in full force and effect
And further setting forth that said
Joseph Canales on the 2lst day of Jan.
lary, 1907, executed to Frank A. Sher-
burne of Montpelier in the County of
third mortgage ON said
above described, TO secure the |
said Frank A. Sherhurne for signing
certain promissory note for the sum of |
fifteen hundred dollars to the First Ma !
tional Bank Of Montpelier and also for
lther indebtedness existing between
them, and that said mortgage is still /
n force and effect.
And further setting forth that on the /
10Th day of July, A. d. 1907, said Jo- I
ieph Canales quit-claimed to one Euisi- /
10 fernandez all his right and title In I
'aid property above described subject /
% said mortgages and which said mort
RACES the said Euisibo Fren&ndes as
Iumed and agreed to pay
And further setting forth that on the (
18th day of January, A. d. 1905. the
aid Euisibo FERNANDEZ was adjudged a
bankrupt by the United States District /
,ourt for the District of Vermont, and /
hat on the 25th day of February. A, Il. +
90s, Herbert j. Slayton of the city of 1
Barre was duly appointed trustee in
of his estate, and that said
'layton duly qualified as such trustee.
And further setting forth that in or
Ter TO further secure the orators for the
'ayment of the three notes given to them
" said Joseph Canales, Mercedes Canales
nd Aurcliano Rivas, on the l4th day
4 February, A. d. 1906, as above set
orth and described the said Mercedes
'anales on the l4th day of February.
\ d. 1906, in consideration OF the sum
f fifteen hundred dollars, by her deed
f that date mortgaged to A. B. Hutch
ms and f. II. Bailey the following de-
cribed land in the City of Montpelier
\ said County, viz.
Being the same land and premises to-
ether with the buildings thereon stand
lg that Urencio Frenandez conveyed hv
,arranty deed dated May 30th. A. d.
905, to the said Mercedes Canales which
aid deed is recorded in book % page
43 of the land records of Montpelier
nd reference Is made to said deed FOR
lore particular description, and being
urther described as follows. II being
certain building lot aud all buildings
here on situated on the northeasterlv
de of Barre Street and bounded as fol-
,ws; beginning at a point on the north
'esterly side OF Lot NJ. 81, on the plan
( Sibley & Kemp's addition in Mont.
elier survey of 1902, at the southeast
rly corner OF the land conveyed by
'arranty deed by the said Urencio .
remainder and Marcia FERNANDEZ TO the
lid Mercedes Canales az a point sixty .
We feet from the sOuthwesterlv side
-sibley Avenue; thence northwesterly