Middlebury register. (Middlebury, Vt.) 1886-1937, 1915-05-21
STATE OF VERMONT
ADDISON COUNTY, SIS.
ORDER OF PUBLICATION

Whereas. Ira H. LaFleui and Josephine +.
LaFlcur his wife OF Middebury in said County
of Addison have brought their bill in Chancery
against Bracket, Shaw x Lunt Co, a corpora
ton duly organized and existing and having It's
principal place OF business al Summersworth in
the County OF STAFFORD and State OF New Hamp-
shire therein setting forth in substance:
= hat Frederick b. kimball, late OF Orwell in
said Addison County deceased, in his lifetime
contracted with and purchased OF SAID defendant
corporation certain personal property Tor the
purpose of attaching the same to and making II
a part of the real estate hereinafter reiTred 10 ;
that by the terms of said contract agreement
il was understood and agreed that the title TO
said personal property, which consisted OF ma
Chnery etc. was to remain with SAID defendant
company, their successors or assigns, until the
note given in payment thereof and all renewals
thereof together with accrued interest were fully
paid in ney, and in defau iof such payment or
any part thereof said detendan. company or
their duly authorized agent, their successors or
assigns were to have the right TO take and remove
SAID machinery, without process OF law, and were
10 have the right to make entry OF entries upon
said premises which should be necessary to
affect such removal, and were TO retain all sums
OF money previously paid in compensation for
the use and damage of said machinery bY said
Kimball that said agreement or contract was
never filed for record in the town clerk office of
said town Of Orwell, as required by law. but was
~ oil lIl' /uI " "
iober, 1914 recorded in said town clerks office ;
that your petitioners are informed and believe
that part II not all of the personal property men
toned in said contract or agreement was attach
ed and affixed to and became part of the real
estate hereinafter referred to that the said Fred
erick Is. kimbal deceased AT SAID Orwell on the
27th day of January, 1914, and that said Grace
McChlery klmball was duly appointed and quail
iled as eXecutriN OF his estate and such eXecu-
iriN was duly authorized and empowered 10 sell
at public auction or private sale the real estate of
which the said Frederick b. kimball died seized
and possessed that al said Orwell on the 9th day
Of April, 1918, said petitioners purchased at pub
lie auction and for cash OF said eXeCutriN aiore
said The Eagle Inn Property so called, being
a hotel with the appurtenances thereto, located
on the northerly side of Main Street in said Or
we'll that said petitioners accepted SAID eNecu-
INK deed of said premises, which has been duly
recorded in the land records of said Orwell and
that they have been from the time OF said puT-
chase and still are in possession OF said premises
that at the time of said auction sale II Was duly
announced and proclaimed by the auctoneer sell
ling said premises and by the attorney OF said
eXecutrx that said premises were free and clear
from all encumbrances, except certain taxes as
sessed on the same and a certain mortgage in
said petition mentioned that said petitioners
believed and relied on said representations at the
nme OF their said purchase and that they had at
that time no knowledge or notice whatever, of
said claim or lien of said defendant company :;
that said supposed or pretended claim or lien
mpars and effects the title of said premises and
embarasscs and impedes said petitioners in the
sale and Opposition OF the same and it is further
alleged by said petitioners that they have, they
are informed and believe no remedy al law for
the cancellation OF said supposed or pretended
claim or lien therefor said petitioners pray that
said defendant company be ordered TO cancel
and discharge their said supposed or pretended
claim or lien ON said premises, by filing i'm the
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