News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1914-03-11
Order of Publication
STATE OF VERMONT, LAAOILLE COUNTY, SIS
ARBA A. PIKE
]. ID. SHERMAN, ARTHUR c. BENNETT
& ELIZABETH DENNET

anna ~ ZINE
| j. D. SHERMAN, Arthur c. BENNETT
& ELIZA BETH BENNETT
! To the Court of Chancery in said County -
WHEREAS, Arba A. Pike of Stowe in the
county OF Lamoile. in the State of Vermont
has this day filed in the office of he Clerk of
the Court of Chancery for said county, his
petition for foreclosure against J. d. Sherman
Of Stowe, in the county OF Lamoille and Ar
thur c. bennett and Elizabeth bennett his
wifi, of English own, in TIE state of New
Jersey. setting forth In substance: That J. D.
Sherman of Stowe in the county of Lam lille
Oh the Sth day OF February, ID. 1902 was
justly indebted to c. N. French in the sum of
eighty nine and fifty-tour one hundredth dol
lar, specified in one .promissory note de-
scribed as follows: Said not is datfd Febru-
airy 8, 1902, for the sum of eighty-nine and
fitty-four one -hundredth dollars, sighed by
the said ]. D. Sherman ana pavabl with in
terest annually on or before one year from
date to c. N. French or bearer.
And in order to secure { he payment of said
note according to its tenor the said J. D.
Sherman, on the 9Th day OF February, A. D.
1902. in consio Grafton 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 folio wing de-
scribe land in Stowe in the county of La.
noble and state of Vermont viz =
Being about five acres of land with build
Jugs theron and being all and the same land
and premises conve ed TO the said 7. ID. Sher.
| man by the said c. N. French by his deed OF
warranty dated February sth, 1902. to
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. d. 1908, 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 mortgage.
Your Detlt1Ontr further shows that he 10
informed and believes that Arthur c. Den
nett and Elizabeth bennett, his wife of En-
glishtown, New Jersey, claim some interest
in said prt1ni es by reason of a mortgage
deed taken by them on said premises. subse-
quent to the mortgage above described.
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, our 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, md to grow due on said note and
taxes above described with interest and cost s
by short day 10 e fixed by the Court and
in default thereof that the dc fendants 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 he granted to your orator
directed to j. j. Sherman, Arthur c. bennett
and Eliza eth Dennet tt commanding them to
ap ear beto the Court Of Chancery to he
nelu at Ii ue Hdtk III the county OF Lam Oille,
Said petition being signed by A. A. Pike,
petitioner, and w. Huburd, solicitor and
p. d. 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 efendants Arthur c. bennett and Eliza
beth bennett named in the within precept
were, and now are without this state, 5 , that
process cannot be served upon them it is
hereby order, that the said def ndants be
notified of the tendency f said action and
given opportunity 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 Morrisvillc in said county the last pub
LEGATION to be not less than wtnty days be-
fore April End. 1914
Whereupon, the said Arthur c. bennett and
Elizabeth bennett are ordered to appear be-
fore the Court of Chancery within and for
the County of Lamoile and make answer in
the prem ses 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 fur Their required to cause
their appearance in said cause, in person or
by attorney, to be entered with the clerk OF
said Court of Chancery. on or before AZ days
from February 10, 1911, the date of said
petition.
Given under my hand at Hyde Park in
said County, this LIST day of February. A
ID. 1914. SMITH B. WAITE, Clerk of the
Court of Chancery of Lamoille
County.
r. w. HULBURD, Solicitor.