News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1914-02-25
Order of Publication
STATE OF VERMONT, LAkOILLE COUNTY, SIS
ARBA A. PIKE
ARBA A. PIKE
VS..
]. D. SHERMAN, ARTHUR c. DERMITT
& ELF ABETH DERMIT

| VS..
]. D. SHERMAN, ARTHUR c. DERMITT
ELF ABETH DERMITr
To the Court of Chancery in said County -
WHEREAS, Arba A. Pike of Stowe in the
county OF Lamoille. in the State of Vermont.
| has this day filed in the office of TIE Clerk of
| the Court of Chaucery, for said county, his
petition for foreclosure against ]. u. Sherman
| stowe, in the county OF Lamoille and Ar
thur c. Dermitt and Elizabeth Dermitt, his
| wifi, of Englishtow in the state of New
| Jersey. setting forth in substance That j. d.
Sherman of Stowe in the county of Lam ollie,
on the Sth day of February, d. 1902, was
justly indebted to c. n. French in the of
/ eighty nine and fifty-tour one hundre ith dol
/ lar, sp Gifted in one promissorv note de-
scrIbed as follows: Said t is dat Febru-
! airy 3, 1902, for the sum of eighty nine and
| fitv-four on hundredth dollars, sighed by
! the said ]. ID. sherman emo payable with in
/ tetest annually on or before one year from
/ date to c. N. French or bearer.
! And in order to secure the payment of said
/ note according to it's tenor the said ]. ID.
| Sherman, on the Sth day OF February, A. D.
1902. in consi ieration of ninety dollars by
mortgage deed of that date by him duly exc
/ cuted, acknow edged and recorded, did convey
to the said c. n. French the foil wing de
scribe land in Stowe in the county of La
NOBLE and state of Vermont, viz
! Being about five a res of land with build
ing, theron and be ng all and the same land
and premises conve ed u the said J. u. Sner-
man by the said c. n. French by his deed of
tanty dated February Sth, 1907, to
which eed reference may be had Said mort
~
+ money
Upon condition that if the said note should
be paid according to its tenor, then said deed
to be void otherwise force.
Your petitioner further shows th"t on the
enth day of Sept, A d. 1903, said note
and mortg ge were duly transfer ed and as
signei to your petitioner by the said c. N.
Ffeuch and that your petitioner is now and
has been since said date the legal holder and
owner OF said note ami mortgage,
Your petitioner further shows that he is
informed end believes that Arthur c. Der
miut and Elizabeth Dermitt, his wife of En-
glishtown New Jersey. claim some interest
in said prSmi es by reason of a mortgage
deed taken by them on said premises. subse-
quent to the mortgage aHove described.
They are therefore mace parties def,ndant
hereto.
Your petitioner further shows that he has
paid the taxes on said premises since 1911
and that said described note is due and
unpaid.
Therefore, YOUR orator prays that the said
defen IantS be decreed to pay t. the Clerk of
this Nurt, for the benefit of the orator, the
sums due, nj to grow due on said note and
taxes above described with I'M crest and costs,
by a short dav 40 lie fixed by the Court. and
in default thereof that the defendants and all
persons claiming by from or under them be
forever foreclosed OF all equity OF redemption
in the premises as provided by law, ana that
a writ of subpoena be granted to your orator
directed to J. y. sherman, Arthur {. Dermitt
and Elizabet tn Dsrmitt commanding them to
ap ear befo the Court of Chaneery. to ne
held at II de Park in tie c Duntv OF Lamollle.
Said petition being signed by A. A. Pike,
petitioner. and w. Hubbard. solicitor, and
p. ID. Pike rec ognize to the defendants for
costs in the sum of fifty dollars as provided
by law.
And it having been made to appear that
when the ioreg ding action was commenced.
the efcndants Arthur c. Dernitt and Eliza
beth Dermitt named in the within precept,
were, and now are without this state, 50 that
process cannot be served upon them, il is
hereby order,d that the said def udants be
notiioi of the tendency { said action, and
given opportunity To max. defence therein,
bv causing the substance of said petition tor
foreclosure aud this order to be published
three weeks successfully in the NEWS AND
CITIZEN. newspaper printed at HYDE Park
and Morrisville in said county. the last pub
LEGATION to be not less than Senty days be-
fore April 2nd. 1914
Whereupon. the said Arthur Dermitt and
Elizabeth Dermitt are orsered to appear be-
fore the Godrt of Chancery within and for
the County of Lamoille and make answer in
the premises as provided by law and the rules
of the said Court OF Chancery, in the premises.
And the said Arthur c. Dermitt and Eliza
beth DefmItt are further required to cause
their appearance in said cause. in person or
bv attorney. to be entered with the clerk OF
said Court of Chancery. on or before AZ DAYS
from February 40, 1914, the date of said
petition.
Given under my hand at Hyde Park, in
said County. this 21st day OF February. A.
Court OF Chancery Of Lamoille
County.
R. W. HUI BURD, Solicitor.