The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-02-25

hSiCCu Ny Liz llOA tEdHOio o. thC QUIZ
scribers thereof, that they would 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 CT 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 (300) 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 ef
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-
5cribed premises and claim some
right or title to the same, that The
said Bert L. Hadaway now Of Equi-
nunk, IL 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 L. Hadaway Is
the same person as The Berthe Z.
Hadaway 10 whom the aforesaid
mortgage from said Essers was given
that the petitioner, the Bank atore-
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-
demption 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 E. Hada-
way, in the premises may be fore
closed agreeably to the provisions Of
law and for such further equitable
relief rs said petitioner might be en-.
titled 10, tho premises considered;
further representing that the said
described premises are scant securi-
- ASt N-sG 4AACpACO4GcH VI tut dlRlG-
said mortgage and praying that the
time to be fixed by the Court for the
equity of redemption may be shorten
cd pursuant to the rules OF court.
And whereas, 1t appears that the
said defendant, Carl Esser Won Bart.
enfe's now resides without this State
in parts unknown so that process
cannot be served upon him;
II is hereby ordered that the said
Carl Esger Won Bartenfels be notified
OF the tendency of said petition and
summoned to appear and make
answer to the same as provided BY
law By the publication Of the sub
stance OF said petition and this order
three weeks successfully in the Ben.
nington Evening Banner, news.
paper printed at Bennington. in the
County Of Bennington. the last publ.
cation to be at least twenty days
previous TO the 18th day Of April,
1914.
Whereup the said Carl Esser Won
Bartonfeis is ordered and required
to 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 J. Stakeholder,
Clerk
Holden Healy
F. b. Mccormick.
Solicitors fnr Datftippar