The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1913-05-08
S,aie ~ Vermont.
Bennington Coauiy, -.

vs.
frank Proyaa Chapcery 10 SAID
Mina ftoyan and
NJ, J. Convey. County.
Whereas. j. n. CoYey has filed
his hlll 81 complaint ii the Court OF
ChaResry within and for the coun-
~ OF bennington against Frank
froyan. Nina Proyan and NJ J. Cow
~. setting forth
That. on the 3oth day OF Noyesn.
Der 1909 the said Frank Pro,aa and
Nina frovan we're indebted TO Mary
Myman Ia the sum OF One Hundred
Dollars specified IN one pnomissOfy
note % that date payable two years
from date to the/oruer OF the said
Mary wyman With interest annual
ly,
Further setting forth that Ia or
der 10 secure the payment OF said
note the said Frank and Nina Pro-
van by their Mortgage Deed OF that
date. by them duly executed. ae-
an0gledgoJ aud recorded. did con
yey TO the said Mary wyman the
following described land In Dorset
IA AAt NONAks w
State OF Vermont. viz.
The luke O'connor home-farm
so-ealied. containing forty seven
acres. more or less, and being the
first parcel OF land described in
certain deed from Katherine 0Con-
nor ct ais TO the Vermont Marble
Company, dated September 18th,
1905, and recorded Ia Book "a,
rage 376 OF the Land Records of said
Dorset, to which deed and the
three deeds therein referred TO re-
terence is hereby had. subject, how
ever, 10 the right of way reserved IN
certain deed from }. w Lestei
10 Luke 0Connor, dated September
25iL, 1865, aud recorded In Book
rs, Page 1856 OF said Land Records.
also reserying all the rights and
privileges reserved in a deed from
the Vermont Marble Company TO
said Frank Provan, dated October |
2ytn, 1909. Upon condition that II
the sad note should be paid &C
cording to its tenor, then said deed
20 be void. otherwise OF force; as by |
said deed ready TO be shown III
court, Will at large appear
Further setting forth that said
note, together with interest there
IN, is due and unpaid.
Further alleging that said mort
gage was duly assigned TO the ora
tor by the said Mary Wyman, on
the 18th day of January. 1918, and
that the SAID note, payment Of which
was secured by SAID mortgage was,
by the said Mary Wyman endorsed
Pay 10 }. b. Convey, or order ant
her name was by her subscribed
thereto, and that the same, toge-
ther with said mortgage, was deily-
cred to this orator, and that he
thereupon became the lawful hold
er ana owner CT the same; and thal
Of such assignment and transfer o.
said mortgage and note the sald M.
j. Convey and Nina Proyan then and
there had notice, but that the SAID
frank Proyan being without the
state OF Vermont and III parts to
Lhis orator unknown did not receive
notice OF such ass gnment and trans
Ter
Further alleging that the said
Nlud loNaht ~ lht ShhS W. III VI
1912, OF bennington County Court
neld at Manchester, on the first
tuesday OF June, in SAID year, was
granted bill Of divorce from her |
said husband, the said Frank Pro
van, and that al equal, undivided 4
one-halt interest III SAID real estate I
was, by said bennington County /.
court, decreed TO the said Nina {
rroyan and was thereupon adjudg. )
ed and decreed to be the property
OF the SAID Nina Proyan, and that {
the SAID Nina Proyan has hereto 8
lole, on, To wit, the 18th day OF
January, 1913, by her deed, duly
executed, acknowledged, delivered :
and recorded in the Land Records Oh
SAID Dorset, conveyed all her inter- d
est, title and estate in and to said !
real estate to the said M. j. Convey,
one of said defendants, and that he
by reason thereof claims some in
terest in said mortgaged premises.
And praying that said defendants
may be decreed to pay to the Clerk I
of this Court, for the benefit OF the
orator, the sums due and to become $
uut Ou o<ild holty tD6ShHSi 49, y
the costs OF this action, by short
day to be fixed by this Honorable
Court, and In default thereof tina, y
the said defendants and all persons |
under them or either Oh
them, shall be forever foreclosed oil 8
all equity OF redemption in the .
and that the orator may .
have writ Of possession OF salo c
that the orator may be
further relieved according to equity; Il
and that writ of subpoena be
granted unto the orator, directed 10 4
the said defendants the said Frank
Proyan, Nina Proyan and M. J. |,
Coyey, commanding them to appear a
before the Court OF Chancery TO be =
neld at Manchester, within and foi 2
said County of Bennington, on the
first Tuesday of June, 1913.
And ii appearing that the said
Frank Provan is without the State
IF Vermont, so that said bill of com
plant and subpoena cannot be sery- >.
ID upon him personally:
1t Is thereupon ordered that he
De required to appear on the first
lay OF the next term of said Court n
II Chancery, to be held in Manches-
er, In said County OF Bennington,
IN the first Tuesday OF June, 1913
md also that he be required and OF +
Tered to cause his appearance there
n TO be entered with the Clerk OF II
aid Court on or before the expira-
ion Of forty-two days from the date
# said bill OF complaint, then and ee
here to make answer thereto, other u
wise that said bill will be taken a. m
onfessed against him, and that al
he orator do publish this order n,
hree weeks successfully in the Man q,
hester journal, newspaper printed -
d Manchester, In the County OF Ben al
ington, the last of which shall be m
least twenty days before the II
Irst Tuesday OF June. 1913. M
Dated at Bennington, In said ,,,
ounty OF Bennington, this 18th ~