The Barre daily times. (Barre, Vt.) 1897-1959, 1914-06-29
STATE OF VERMONT,
WASHINGTON COUNTY, IS.
In Chaneery.

JONES protneiS company, Donald Smith *
H. J. M Jones.
Barre White Granite Company. Granite Saw
ings Bank Trust Company, Quarry Saw
inss Bank Trust Company. Barre Savings
| Bank g. Trust Company, John Trow, H. A.
Phelps, Aland G. Fay Richard " Storer.
George Straiton, Fayette T. Cutler.
| WHEREAS. the orators in the above en-
titled cause the 18th day of April, A. d.
| 1914, filed their petition in the office of the
clerk of the court of chancery of said county,
the Barre White Granite Company, is the
owner of several lots of so-called granite
land, or quarry land. situated in the town
of Barre, in said county: that on May 10.
1905, the defendant the Barre White Granite
Company, mortgaged a portion OF said quarry
land to one James B. Chase to secure a note
for the sum of sixteen thousand dollars that
| the defendant. the Granite Savings Bank e.
| Trust Company is now the owner and holder
of said note, and that the said note and
large amount of accrued interest is 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 18th day Of February, A. D. 1914, brought
4 its bill of foreclosure against the defendants,
John Trow, H. A. Phelps. George Straiton,
Fayette T. Cutler and the Barre White Gran
| lite Company. and your orators, Jones Bros.
Co, Donald Smith and II. j. NJ Jones, therein
alleging that the defendants in that bill were
| indebted to the orator therein in the sum OF
| sl7,69075, 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. or be foreclosed Of all right Of
redemption therein, and that the same is now
/ pending in said court of chancery.
| That on June 10, 1909, the defendant, the
| Barre White Granite Company. mortgaged a
| certain other portion of its property payable
| to the National Bank of Barre TO secure
signed by the defendant, the Barre White
Granite Co, and the defendants, John Trow,
H.; A. Phelps, F. T. Cutler, Richard v. storer,
Alland G. Fay, and the three orators herein,
and that said note and mortgage
signed to the defendant the Quarry Savings
Bank Trust CO., and that said note and
| large amount of accrued interest is now due
and owing that said 10th day of June 1909
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 S4500
payable TO the Barre Savings Bank & Trust
Co, which note signed by the Barre
White Granite Co, John Trow, H. A. Phelps,
Alland G. Fay, F. T. Cutler, Richard " 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, II 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,
as sureties that the defendant, the Barre
White Granite Company is without funds and
owns and possesses other property than
the said quarry land above mentioned. and
little quarry equipment; that II is not able
to pay said notes or any part thereof that
it Is not and has not for long time past
been carrying any business and that It is
wholly insolvent.
to decree. win result in great injury and
loss to the orators and TO all of the de-
PENDANTS.
That properly TO dispose of said property
to advantage to all interested parties it is
necessary that a disinterested person be APP
pointed as receiver TO sell and dispose of said
property.
And praying that receiver be appointed
for that purpose, and that an introductory
order issue requiring all creditors Of the
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 other
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 Granite
Company Of every kind and description, and
OF all moneys, claims. actions, credits and
other assets Of every kind held and owned by
said Barre White Granite Co. to have and
to hold the same as the officer of and under
the order and direction Of this court
SECOND. that the receiver is authorized
and directed TO take immediate possession of
All anu slnBuihr the property above described
belonging to the Barre White Granite Com
pany and to sell the same at public auction
TO the highest bidder before Sept L. A. d. |
1914 said public auction to be held at such
place in the city town of Barre in said
county of Washington as the receiver shall !
decide upon. and at least three weeks notice
OF such public auction shall be given by said
receiver by mailing, postage prepaid to the |
orators and defendants a written or printed
notice Of the time and place of said sale |
and further by publishing notice of the time
and place Of said sale in the Barre Daily |
Times Of said city of Barre. in at least three
issues thereof. prior to said sale, and by |
such further notice or notices as to the re- |
eeiver shall seem advisable Said sale shall |
be made for cash payable on tender of the |
receivers deed to the purchaser or purchasers |
of said property
THIRD. that all the creditors of the said
Barre White Granite Company are hereby au- /
thorized and commanded TO file with L. C. |
Moody. ESQ, at the city Of Montpelier in |
said county Of Washington. clerk Of said |
court of ehancery, thirty days from the date /
OF notice so to do, proof of their respective /
claims against said Barre White Granite Com
pany. properly sworn to- and all creditors |
of said company who fail or neglect To file /
their claim or claims or before said date
shall be forever barred from enforcing their
claim or claims, and said clerk IL hereby /
ordered and directed to notify all creditors
to file their claims with said clerk on or
before Sept ], A. D. 1914. and shall mail /
said notices to such creditors as said re-
ceiyer shall indicate in writing TO said clerk,
anu ehaiI publish tne SUBSTANCE OF TINS order
in said Barre Daily Times, in four pubica-
lions thereof, each week. during the four
weeks prior to thirty days from the date Of
notice to file said claims and said receiver
Is hereby ordered and directed to pay TO said
clerk the expense of sending and advertising
said notices.
Done at chambers at the county courthouse
in the city of Montpelier in said county Of
Washington, this 9Th day of April, A. D. 1914
LEIGHTON p. SLACK. Chancellor.
Given under my hand at Montpelier in said
county this 9Th day Of June, A. ID. 1914.
LEWIS c. MOODY, Clerk.
June s-l5-22-2e