Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1916-09-29
IN CHANCERY
D. JENKINS

D. JENKINS In Chancerv
RosBTrE r. GATHERCoLE ct al. Kssex County.
Whereas D. Jenkins of Canaan in the county
OF Essex has lIled in the Office of the Clerk of
the Court of ChanCery within and for the county
OF Essex and state of Vermont his petition to
foreclose against Rosette r Gathercole, lanes
c. Gathercole and Charles +. Jenkins therein
setting forth in substance that on, to wit the
second day of July, A. d. 1901 the said Rosette
K. GatherCole and James c Gathercole, then
husband and wife, duly executed to one Diana
NJ Bancroft mortgage deed of certain land and
premises i'll Canaan i'll the county of Essex and
state of Vermont described i'll said mortgage
deed as follows to wit: certain tract or parcel
OF land, situate i'll Canaan county of Essex and
| state OF Vermont. and bounded easter1y by land
OF Nathan BeeChcr, northerly by land formerly
owned by Sstchel Ingalls,, and Hall Stream,
southerly by the Connecticut River excepting
and reServlng the tracts conveyed to Joaquin
RaClCOt, Alice Wood, Helen Blanchard and p. l.
Lang, and the tract reserved by said grantor III
her deed to said ROsette X. Gathercoe Condi-
toned tor the payment of ten notes. each dated
July 2, 1901, each executed by said Rosette r.
Gathercole, each for the sum of one hundred
dollars, payable to the order of said Diana N.
Bancroft, payable in I, q Z, as, g. 7, 8, O. and 10
years, respectively, Zone note payable each
Year,, from the date of said notes, with interest
annually. That thereafterwards, and on to wit,
the 18th day of May, 1902, said Diana N. Bancroft
| sold endorsed and delivered said notes to said
petitioner, together with said mortgage security;
and that the petitioner then became ever since
has been and now is the owner, holder and
assignee of said mortgage and the said debt Sc
cured by it. That on, to wit, the 9th day of Iune
| 1913 the said ROsette X. Gathercole conveyed to
the defendant Charles F. jenkins portion of
the land and real estate described in said mort
| gage, and that said portion is all the land and
premises sought to be foreClosed by this peti-
| ton; that prior to said conveyance to said de-
| PENDANT Charles f. Jenkins, said James c.
| GatherCole had obtained bill of divorce from
said Rosette R.GatherCole; and that said Charles
+. Jenkins has and claims an interest In the
e nv
ion. Said petition further sets forth that the
| petitioner seeks to fOreClose the equity of
| demptOn Of the defendants i'll that portion of
SAID mortgaged premises described as follows,
to wit; 1t being the present well known home
| premises Of said Rosette r Gathercoe chat is
| to say, the premises she now ocCupies) consist
| ing OF about IS or 20 acres, more or less, with
the dwelling house and barns thereon, and sit
uate near the easterly side or edge of the village
| OF BeeCher Falls i'll the town of Canaan in the
county OF Essex and state of Vermont. Said
| premises are bounded on the Southerly side by
| the highway leading from the village of Canaan
| Ill SAID town OF Canaan to Connecticut lake;ion
| the easterly side by land and premises owned
| by the late Nathan BeeCher at the time of his
| deCease; OH the northerly side by premises
heretofore owned by Napoleon Wood and
| known the Joe Rochiort land and premises
| on the westerly side by land and premises
| owned or occupied by Frank Couturer, Ernest
| Tllotson, Ernest I,yiord and Austin DurOCher,
| respectively, following the southerly line tf
SAID DurOCher land to the Hall Stream road,
thence along sail Hall Stream road to the line
of the so-called Mrs. Sloppy land, thence fol
| lowing along the line Of said SLOPPY land
and along the line of Fred Pelchat's land to
said highway leading from Canaan village to
! Connecticut Lake. said petition further sets
forth that portion of said mortgage debt is now
owing, unpaid and justly due to this petitioner;
and prays for decree of foreclosure against all
of said defendants.
| Now, it appearing that said James c. Gather
cole resides and is out of the State of Vermont,
| so that subpoena cannot be served on him; IT
| IS HEREBY ORDERED THAT, said defend
| ant James c. GatherCoe enter his appearance
with the Clerk of said Court of Chancery at
| Guildhall i'll the comfy of Essex and State of
Vermont on or before the fifteenth day of Nov
enrber A. d. 1916; and that he file his answer to
said petition on before the twenty-fith day
| of November A. d. 1916, or said petition will be
taken as confessed. 1t is further ordered that
notice of the tendency of said petition be given
said defendant James c. Gathercole by publica-
tiOn of the substance of said petition and of this
order three weeks successfully in the Essex
| County Herald, newspaper published in said
| county, the last publication thereof to be at
| least twenty days previous to the 18th day of
| November, a. ID. 1916
Given under my hand at Guldhall in the
county of Essex this 10Th day of September
A. D. 1910
GEORGE A. HUBBARD Clerk.
O. S. Annis, North Troy, VT, solititor. 1o-r2