The Barre daily times. (Barre, Vt.) 1897-1959, 1911-06-27

Aureliano Riyas, amounting to one
thousand and seventy-eight dollars and
seventy-fye cents tSl07S,75) 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 Riyas the said land and premises
above described, setting forth prior
mortgage 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 JAM
uary, 1907, executed to Frank A. Sher-
burne OF Montpelier in the County Of
Washington, a third mortgage on said
property above described, to secure the
said Frank A. Sherburne for signing a
certain promissory note for the sum Of
fifteen hundred dollars TO the First Ma
tional Bank Of Montpelier and also for
other indebtedness existing between
them. and that said mortgage is still
in force and effect
And further setting forth that on the
goth day Of July, A. y. 1907. said Jo-
seph Canales quit-claimed to one Euisi-
DO Franandez all mis- right and title in
said property above described subject
to said mortgages and which said mort
cages the said Euisibo Frenandes as
sumed and agreed to pay
And further setting forth that on the
2Sth day of January, A. d. 1908, the
said Euisibo FERNANDEZ was adiudged
bankrupt by the United States District
Court for the District OF Vermont, and
that on the 25th day of February. A. ID.
1908. Herbert j. Slayton of the city Of
Barre WIS duly appointed trustee in
bankruptcy OF his estate, and that said
Slayton duly qualified as such trustee.
And further setting forth that in or.
der TO further secure the orators for the
payment of the three notes given to them
by said Joseph Cansles, Mercedes Canales
and Anreliano Rivas, on the 18th day
OF February, A. d. 1906, as above set
forth and described the said Mercedes
Canales on the i4th day Of February,
A. D. 1905, in consideration Of the sum
OF fifteen hundred dollars, by her deed
of that date mortgaged to A. b. Hutch
ms and f. II. Bailey the following de.
scribed land in the City OF Montpelier
in said County, viz.
Being the same land and premises to-
gether with the buildings thereon stand
ing that Ureneio FERNANDEZ conveyed by
warranty deed dated May 30th. A. d..
1905, To the said Mercedes Candles which
said deed is recorded in book % page
34S Of the land records of Montpelier,
and reference ii made TO said deed tor
more particular description, and being
further described as follows It being
a certain building lot and all buildings
there on situated on the northeasterly
side Of Barre Street and bounded as fol-
lows; beginning at point on the north
westerly side Of Lot No. 81, on the plan
Of Sibley & Kemp's addition in Mont
pelier survey OF 1902, at the southeast
erly corner of the land conveyed by
warranty deed BY the said Urencio
FERNANDEZ and Marcia FERNANDEZ to the
said Mercedes Canales at a point sixty
five feet from the southwesterly side
Of Sibley Avenue; thence northwesterly
along the southeasterly line Of the land
80 conveyed sixty five feet to the south
westerly corner OF said land; thence
turning at right angles TO the left and
extending in straight line to Barre
Street; thence along the northeasterly
side of Barre Street to the southeasterly
side OF lot No. 20 on said plan, thence
in straight line along the northwest
erly line of said lots No 20 and 81 TO
the place OF beginning, upon condition
that if said notes should be paid accord
ing to their tenor then the said deed to
be void othtrwise of force, and further
setting forth that By said deed it would
appear that the Capital Savings Bank
and Trust Company of Montpelier held
first mortgage on said property to Sc
cure an indebtedness of twenty five hum
dred dollars, which said last mentioned
mortgage was then in fun force and eff
feet.
And further setting forth that two of
said notes, viz, the note for the sum of
five hundred dollars and the note for the
sum of seven hundred and thirty five
dollars, were due and unpaid, and pray
ing that the defendants be deereed to
pay to the Clerk of this Court, for the
benefit of the orators the sum due on
said notes with interest and costs and
by short day to be fixed by the Court,
and in default thereof that the said de-
PENDANTS, Herbert J. Slayton, Trustee
as aforesaid, Aurelano Riyas, Euisibo
FERNANDEZ and Frank A. Sherbuune and
all persons claiming by, from and under
them be forever forelosed OF all equity
OF redemption in the premises first de-
scribed, and further that the defendant I
Mercedes Canales and all persons claim
ing BY. from and under her be forever
foreclosed OF all equity of redemption
in the last described premises, that the
orators have writ of possession OF the !
aforesaid premises as above described.
And whereas it is made to appear to |
the Court that the defendant Aureliano |
Riyas IS without this State where SER
Vice of the process of this Court can !
not be made upon him. therefore it is
ordered that the said defendant be Civ [
en- notice OF the tendency of said bin /
in Chaneery, given opportunity to make
defence therein and summoned to appear 1
to make answer thereto, before the Hon
orable Court of Chaneery next to be (
held at Montpelier within and for the .
County OF Washington and State of
Vermont on the second Tuesday in I
September, A. D. 1911, by publication Of
the substance OF the said bin in Chan
,ery. together with this order, in the /
Barre Daily Times. a newspaper pub \
ished at Barre in the County of Wash n
ngton. three weeks successfully. the n
asst Of which publications shall be at
east 20 days prior to the said second
Tuesday in September, A. ID. 1911, which
'hall be deemed sufficient notice 70 the