News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1914-03-04
Order of Publication
STATE OF VERMONT, LAMOILLE COUNTY, IS
ARBA A. PIKE

|
j. d. SHERMAN, ARTHUR c. DENNETT
ELIZA ETH BENNETT
To the Court of chancery in said County -
( WHEREAS, Arba a. Pike of Stowe in the
! county OF Lamoille, in the State of Vermont
mas TINS day filed in the Office of the Clerk of
| the Court of Chancery. for said county his
petition for foreclosure against J. ID. Sherman
| stowe, in the county OF Lamoille and Ar
| thur {. bennett and Elizabeth bennett, his
| Wifi. of Englishtown, 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, A d. 1902, was
! justly indebted to G. N French in the sum of
| eighty nine and hfty-tour one hundredth dol
lars, Sp CITED in one .promissory note de-
| scribed as follows: Said note is dated Febru-
| airy 8, 1902, for the sum of eighty-nine and
| hfty-four one-hundredth dollars sighed by
the said ] d: Sherman and payable with in
| terest 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 T. d.
| Sherman, on the Sth day OF February 4 D.
| 1902. in consideration of ninety dollars by
| mort gage deed of that date by him duly exc
cuted, acknow edged and recorded, did convey
scribed land in Stowe in the county Of La.
| mollie aud state of Vermont, viz =
Betng about five acres of land with build
| Jugs theron and being all and the same land
and premises conve, ed to the said J. D. Sher.
man by the said c: N. French by his deed of
warranty dated February Sth, 1902, to
which deed reference may be had. Said mort
gage being given to secure the purchase
money
Upon condition that if the said note should
be paid according to it's tenor, then said deed
to be void, otherwise of force.
Your petitioner further shows that on the
seventh day of Sept, A. ID. 1903 said note
and mortgage were duly transferred and as
signed to your petitioner by the said c. N.
French and that your petitioner is now and
has been since said date the legal holder and
owner OF said note and IN ortgage.
Your petitioner further shows that he is
informed and believes that Arthur c. Den
1iS y.,;fa Of
glishtown, New Jersey, claim some interest
in said premi es by reason of a mortgage
deed taken by them on said premises. subse-
They are therefore made parties defendant
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
defendants be decreed to pay to the Clerk of
this Court for the benefit of the orator, the
sums due, and to grow due on said note and
taxes above described with interest and COSTS
by short day re fixed by the Court and
in default thereof that the dt fend ants and all
persons claiming by, ON or under them be
forever foreclosed OF all equity of redemption
in the premises as provided by law, anu that
a writ of subpoena be granted to your orator
directed to j. D. Sherman, Arthur c. bennett
and Eliza beth bennett commanding them to
ap ear befo the Court of Chancery to he
held at H vde Park in tive county of Lam ollie.
Said petition being signed by A. A. Pike,
u,
p. ID. Pike recognize 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 foregoing action was commenced,
the efendauts Arthur c. bennett and Eliza
beth bennett named in the within precept,
were, and now are without this state s that
process cannot be served upon them, il n
hereby ordered that the said defendants be
notified OF the pendency Of said action, and
given opportunity to make defence therein,
bv causing the substance of said petition tor
foreclosure and 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 Henty days be-
fore April End. 1914.
Whereupon, the said Arthur c. bennett and
Elizabeth bennett are orcered to appear be-
fore the Court of Cbancery 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. bennett and Eliza
beth bennett are flu Their required to cause
their appearance in said cause, in person or
be attorn- to be entered with the clerk of
said Court of Chancery. on or before ~ DAYS
from February 10, 1911, the date of said
petition.
Given under my hand at Hyde Park, in
said County, this 21st day of February, A.
ID. 1914. Smith B. WAITE, Clerk OF the
Court of Chancery of Lamoille
County.
r. w. HULBURD, Solicitor