The Barre daily times. (Barre, Vt.) 1897-1959, 1914-06-08
STATE OF VERMONT.
WASHINGTON COUNTY, IS.
In Chancery

Jones Brothers Company, Donald Smith
II. j. M. Jones,
vs..
Barre White Granite Company, Granite Say
inas Bank q Trust Company. Quarry saw
ings Bank & Trust Company, Barre savings
Bank & Trust Company, John irow' n. A
Phelps, Alland @. Fay. Richard v. sborer'
George Straiton. Fayette 7. Cutler.
WHEREAS, the orators in the above en-
titled cause on the nth day Of April, a. "
1914, filed their petition in the office OF .he
setting forth in substance that the defendant
the Barre White Granite Company. is the
owner of several lots OF so-called granlte
land or quarry land, situated In the town
of Barre, in said county that on May 49,
1905, the defendant the Barre W hite Granits
Company, mortgaged portion OF said quarry
land TO one James B. Chase to secure note
for the sum Of sixteen thousand dollars that
the defendant the Granite Savings Bank q
Trust Company, ia the owner and holder
of said note, and that the said note and o
large amount OF accrued interest Ia now due
and unpaid that said note is signed by the
defendants. John Trow. H. A. Phelps, George
Straiton, and by the orators, Donald Smith
and Jones Brothers CO.. that the defendant
the Granite Savings Bank q Trust Co., on
the 7th day Of February, A. D. 1914, brought
its bill Of foreclosure against the defendants
John Trow, H. A. Phelps, George straiton,
Fayette 7. Cutler and the Barre White Gran
lite Company. and your orators, Jones Bros.
Co., Donald Smith and II, ]. NJ. Jones, therein
alleging that the defendants in that bill were
indebted to she orator therein in the sum OF
sl76s0.75, and praying that the defendants be
decreed to pay to the clerk Of the court OF
chancery said sum with interest and costs, by
short date be foreclosed Of all right OF
redemption therein. and that the same 10 now
pending in said court Of chancery.
That on June 10, 1903, the defendant, the
Barre White Granite Company, mortgaged
certain other portion Of its property payable
TO the National Bank of Barre TO secure q
note for the sum Of $4,000, which note was
signed by the defendant, the Barre White
Granite Co, and the defendants, John Trow.
II. A Phelps, F. T. Cutler, Richard V. Storer,
Alland G. Fay, and the three orators herein,
and that said note and mortgage were as
signed to the defendant the Quarry Savings
Bank Trust Co, and that said note and q
large amount of accrued interest is due
and owing that on said 10th day Of June, 1903,
the defendants, the Barre White Granite Co.,
executed another note and mortgage on the
same parcel OF property covered by the last
previous mortgage. for the amount Of $4,000
payable to the Barre Savings Bank Trust
Co., which note was signed by the Barre
White Granite Co, John Trow, H. A. Phelps
Alland G. Fay, F. T. Cutler, Richard v. Storer
and the three orators herein and that said
note is now due and owing, together with
a large amount of accrued interest that
nearly all, If not the whole number Of said
notes, were signed by the defendant, the Barre
White Granite Company, principal and
the other defendants and the orators herein
sureties: that the defendant. the Barrt
owns and possesses no other property thar
the said quarry land above mentioned, and q
little quarry equipment that it is not able
to pay said notes or any part thereof that
Il is not and has not for long time past
been carrying on any business and that it Is
wholly insolvent.
That the foreclosure proceedings, II carriec
TO decree, will result in great injury anc
loss 10 the orators and to all of the de
PENDANTS.
That properly to dispose of said property
to advantage to all interested parties, 1t Ii
necessary that dsinterested person be ap.
pointed as receiver to sell and die pose of sale
property.
And praying that a receiver be appointet
| for that purpose, and shat an interlocutory
order issue requiring all creditors of tn,
Barre White Granite Co. TO file specifications
with the clerk of this court, and requiring the
creditors and stockholders and all other per
sons interested in said Barre White Granite
| Company to show cause why the prayer OF
said bill should not be granted, and for othel
relief
Whereupon after hearing. the chancellor
issued the following decretal order FIRST
that Virgil E. Ayers, of the city Of Barre
in the county of Washington and state Of
Vermont, be and is hereby appointed receiver
of all and singular the real estate and per
sonal property Of the Barre White Grant,
Company, of every kind and description, anC
| of all moneys, claims, actions, credits anC
other assets of every kind held and owned By
said Barre White Granite Co., to have anc
Oftlcef unuel
the order and direction of this court
SECOND, that the receiver is authorized
and directed to take immediate possession OF
] all and singular the property above described
4 belonging to the Barre White Granite Com
pany and TO sell the same at public auction
to the highest bidder before Sept. /, A. d
! 1914, said public auction to be held at sucl
place in the city or town of Barre in sale
county of Washington the receiver shall
decide upon, and at least three weeks motto,
of such public auction shall be given by saiS
| receiver by mailing. postage prepaid to tn,
orators and defendants, written or printes
notice of the time and place of said sale
and further by publishing notice of the tim,
and place of said sale in the Barre Dali,
Times of said city of Barre, in at least tire,
| issues thereof. prior to said sale. and By
such further notice or notices to the re
| ceiver shall seem advisable Said. sale shall
be made for cash payable on tender of tn,
receivers deed to the purchaser or purchaser,
| of said property.
THIRD, that all the creditors of the sal,
| Barre White Granite Company are hereby au
| thorized and commanded to file with L. c
Moody, Esq, at the city Of Montpelier II
| said county of Washington clerk of saic
court of chancery thirty days from the dat,
of notice so TO do proof of their respectiv,
claims against said Barre White Granite Com
pany, properly sworn to; and all creditor
Of said company who fail or neglect TO FL,
their claim claims on or before said dat.
shall be forever barred from enforcing thei
claim or claims, and said clerk Is hereb,
| ordered and directed to notify all creditor
| to file their claims with said clerk, on o.
before Sept. 1, A d. 1914, and shall mai
said notices TO such creditors as said re
ceiver shall indicate in writing TO said clerk
and shall publish the substance of this orde
in said Barre Daily Times, in four publica
tons thereof. each week. during the fou
weeks prior TO thirty days from the date O
| notice to file said claims and said receive
is hereby ordered and directed to pay 10 sal,
clerk the expense of sending and advertising
said notices.
Done at chambers at the county courthouse
| in the city of Montpelier in said county o
| Washington this 9Th day of April, A. d. 1914
LEIGHTON P. SLACK, Chancellor
Given under my hand at Montpelier in SAT-
| county this 9Th day of June. A. D. 1914.
LEWIS c. MOODY. Clerk.