Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1911-04-14

J. {. Fogg, Lila V. Fogg chancery in said
and the Island Pond Ma County.
tional Bank.
Helen NJ Dale of St. Petersburg in the County
Of Hllsboro, and State of Florida brings this
her bill of complaint against J. c. Fogg and
Lila v Fogg of some place without the state,
to your pc titioner unknown and the Island
Pond National Bank of Brighton, in the County
Of Essex and thereupon complains and says:
That J. {. Fogg then of Brighton, in the
County of Essex on the Ist day of March, A. d.
1898, was justly indebted to Helen NJ. Dale in
the sum of twenty-five hundred dollars speci-
fed in one prornisory note described as follows;
Island Pond, w. March Ist, 1895
For value received, promise to pay Helen
NJ. Dale, or order, twenty-five hundred dollars
on demand and interest annually, and signed
JIG. Fogg
And in order to secure payment of said note
according to its tenor, the said ]. c. Fogg and
Lila V. Fogg, on the 18th day OF March, A. D.
1898, in consideration of twenty-five hundred
dollars, by their deed of that date by them duly
executed, acknowledged and recorded, did con-
vey to Helen NJ Dale the following described
land in Brighton in the County of Essex and
State of Vermont viz: Lots and 9 as repre-
scented OH the plan of Island Pond Village in
said Brighton, being fifty feet and running back
one hundred twelve aud one half feet on Mill
Street with the buildings thereon situate. Be
ing the same premises decided to VIM. Cheney
by Ann r. Dyer and others November g. 1884,
and recorded i'll Brighton Land Records, Book
5, Page sos. Also another piece of land with the
buildings thereon. decided by Bartlett & Robin
son to Dyer & Fennesey, July Ist, 1868, and re-
corded i'll Brighton Land Records, Book 6. Page
262 described as follows beginning at point
on the westerly side of Mill Street, as repre-
scented in Goodwin's plan of Island Pond Viii
1age in said Brighton, one hundred twelve and
one half feet from the southerly line OF Main
Street, thence running westerly fifty feet thence
running southerly at right angles to the first
mentioned line to the line of George H. FitZ-
geraids land thence running easterly on the
line of said Fitzgerald's land to the westerly
line of said Mill Street; thence northerly on
the westerly line of said Mill Street to the first
mentioned point, being the same land decided
to VIM Cheney by Charles NJ. Dyer. Also the
barn built by VIM. cheney on said lot of land,
also the same land and buildings decided by
Vim. Cheney to J. c. Fogg on the I2th day OF
November, 1892, excepting the freight house by
deed recorded, Brighton Land Records, Book
10, Page 22I, upon condition that ii said note
should be paid according to its tenor, then said
deed to be void otherwise of force as by said
deed already in court to be shown, will at large
appear: and that said note is due and unpaid.
And your petitioner further says that there ap
pears of record second mortgage given by
the said ]. c. Fogg and Lila V. Fogg the
same premises described i'll this petition to the
Island Pond National Bank, of Island Pond, VT,
to secure the payment OF one note for twenty
five hundred dollars, dated December II, 1907
and therefore makes the said Island Pond
National Bank party defendant thereto.
Therefore, your orator prays that the said de-
iendant be decreed TO pay to the Clerk of this
Court for the benefit of the orator, the sums
due, and to grow due OH said note, with interest
and costs by short day to be fixed by the
Court and in default thereof that the defendants
and all persons claiming by, from or under
them be forever forclosed of all equity OF re-
demption in the premises; that the orator have
a writ of possession of the premises; that the
orator be further relieved according to equity
and good conscience, and that writ of subpoena
De granted to your orator directed to ]. {. Fogg
and Lila V. Fogg and the Island Pond National
Bank commanding them to appear before the
Court of Chancery, to be held at Guildhall in
the County of Essex and there to make an
swer to the foregoing bill OF complaint.
And it appearing that the said ]. c. Fogg and
Lila V. Fogg reside and out of the state of
Vermont, so that service of subpoena cannot be
made upon them.
It is ordered that the above named defend
ants be notified to appear before the Court OF
Chancery to be held at Guildhall in the County
Of Essex on Tuesday, the 10th day Of May, A. d
ly!I to answer to said petition by publishing
TINS order three weeks successfully in the
Essex County Herald a newspaper published
u said county, the last of which publications
shall be at least twenty days previous to the
Sala 10Th day OF May, otherwise this bill will be
taken confessed
Given under my hand at Guildhall in the
1871 GRO A UfJpRARD CLERK.
FoRFER H. DALE, Solicitor.