The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-03-04

| ScrlDeTS lneFeOI, IndJ Iney WOulu pay
| the sum Of three hundred dollars an.
nually on account of the principal
sum due on said note, beginning one
| year from the date of the aforesaid
mortgage and that in default OF such
payments, the whole of the said prin-
| cipal sum should become due and
payable; that the said Anna A.
! Cordts Esser Won Bartenfels and the
said Carl Esser Won Bartenfels have
not made the aforesaid annual pay
ments of three Hundred 5000 dol
lars and have not paid the interest
| on the aforesaid note when the same
was due and that all of said note is
now justly due and owing and has
not been paid according to the effect
of the same and according to the eff
feet of the aforesaid mortgage; that
on the 18th day of January 1911, the
said Anna A. Cordts Esser Won Bar
tenfels and Carl Esser Won Bartenfels
executed and delivered to Philip
Heller of the City, County and State
of New York, a mortgage in which
was described the same property
hereinbefore described, said mort
gage being recorded on the Goth day
of March, 1911 at page 80 of Book 20
of the land records of the town Of
Rupert: the said mortgage is not dis
charged OF record and that the petit
toner is informed and believes and
therefore on information and belief
AYERS. that the said Philip Heller
claims some right or title in the
above described premises under and
by virtue of the aforesaid mortgage;
that one Harvey S. Loncoln of Ru-
pert aforesaid and one Volney A.
Hopkins also of said Rupert, are oc.
cupying and in the possession of.
some part or all of the above de-
scribed premises and claim some
right or title to the same, that The
said Bert K. Hadaway now OF Equi-
hunk, in the County of Wayne and
State of Pennsylvania, claims some
right, title or interest in or to the
above described premises, that the
said defendant Bert f. Hadaway is
the same person as the BERTHE E.
Hadaway to whom the \ aforesaid
mortgage from said Essers was given
that the petitioner, the Bank afore-
said, is now the owner and holder of
the above described mortgage and
note, which were made to Hadaway,
under and by virtue of an assign
ment made from the said Hadaway:
and praying that the equity of re-
dempticn of the said defendants,
Anna A. Cordts Esser Won Barten-
fels, Carl Esser Won Bartenfels,
Philip Heller, Harvey S. Lincoln. Vol
ney A. Hopkins and Bert f. Hada-
way, in the premises may be fore
closed agreeably to the provisions of
law and for such further equitable
relief as said petitioner might be en-
titled to, the premises considered;
further representing that the said
described premises are scant securi-
ty for the Indebtedness of the afore-
said mortgage and praying that the
time to be fixed by the Court for the
equity of redemption may be shorten
ed pursuant to the rules OF court
And whereas, 1t appears that the
said defendant, Carl Esser Won Bart
enfels now resides without this State
N parts unknown so that process
cannot be served upon him;
1t is hereby ordered that the said
Carl Esser Won Bartenfels be notified
If the tendency of said petition and
summoned to appear and make
answer to the same as provided BY
aw by the publication OF the sub
stance of said petition and this order
hree weeks successivelX in the Ben
1ington Evening Banner. a news
paper printed at Bennington, in the
County of Bennington, the last publ
cation to be at least twenty days
previous to the 14th day of April
1914.
Whereup the said Carl Esser Won
Bartenfels is ordered and required
10 appear before said Court of Chan
Gerry within and for the County of
Bennington and to make answer to
The foregoing petition, all on or be-
fore the 14th day of April, 1914. then
and there in said Court to answer the
foregoing petition of said Peoples
National Bank and to stand to and
abide such order. direction and de-
cree therein as to said Court shall
seem meet.
Dated at Bennington. in said
County. this 18th day of February,
1914.
Jacob ]. Stakeholder.
Clerk.
Holden e. Healy
F. B. Mccormick,
Solicitors for Petitioner.