Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1916-10-06
in cHANCERY
In Chancery

D. JENKINS In Chancery
RosrTTE r. GArHERcoLE ct al. Essex County:
Whereas d. Jenkins of Canaan in the county
of Essex has filed 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 X. Gathercole, lanes
c. Gathercole and Charles F. Jenkins, therein
setting forth i'll substance that on to wit, the
second day of July A. D. 1901 the said Rosette
X. GatherCole and James { Gathercole, then
husband and wife, duly executed to one Diana
n. Bancroft mortgage deed of certain land and
premises i'll Canaan i'll the county of Essex and
state of Vermont described in 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 easterly by land
of Nathan Beecher northerly by land formerly
owned by SatChel Ingalls,, and Hall Stream,
southerly by the Connecticut River, excepting
and reserving the tracts conveyed to Jacqun
RaCicot, Alice Wood Helen Blanchard and P. J.
Lang, and the tract reserved by said grantor in
her deed to said Rosette r. Gathercole; condi-
toned for the payment of ten notes. each dated
July ?, 1901 each executed by said Rosette R.
Gathercoie, each for the sum of one hundred
dollars, payable to the order of said Diana N.
Bancroft payable in I, 2, g. a, 5, g. 7, g. 9, and
years, respectively, Zone note payable each
year, from the date of said notes, with interest
annually. That thereafterwards and on, to wit,
the 10Th 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 June
1913 the said Rosette r. Gatherco1e conveyed to
the defendant Charles F. jenkins a portion of
the land and real estate described i'll 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-
tendant Charles T. jenkins, said James c.
GatherCole had obtained bill of divorce from
said Rosette RGathercole; and that said Charles
+. Jenkins has and claims an interest in the
premises sought to be foreClosed by said petit
ion. Said petition further sets forth that the
| petitioner seeks to forec1ose the equity of
demptiOn OF the defendants in that portion of
| said mortgaged premises described as follows,
to wit; 1t beng the present well known home
premises of said ROsette X. Gathercole Chat is
to say the premises she now ocCupies) consist
| ing of about IS or 20 acres, more less, with
| the dwelling house and barns thereon, and sit
uate 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 OIL the southerly side by
| the highway leading from the village of Canaan
| i'll said town OF Canaan to Connecticut lakeEon
| the eaSterly side by land and premises owned
| by the late Nathan Beecher at the time of his
| decease; on the northerly side by premises
| heretofore owned by Napoleon Wood and now
| known as the Joe ROChfort land and premises;
on the westerly side by land and premises
| owned or occupied by Frank Couturier, Ernest
TllOtSOn, Ernest I,yford and Austin Durocher,
| respectively, following the southerly line of
| said Durocher land to the Hall Stream road,
| thence along said Hail Stream road to the line
of the so-called Mrs. SLOPPY land, thence fol-
| lowing along the line OF SAID snoopy lana
and along the line of Fred Pelchats 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 a subpoena cannot be served on him; IT
| IS HEREBY ORDERED THAT, said defend
| ant James c. Gathercole enter his appearance
with the Clerk of said Court of Chancery at
Guildhall in the comfy of Essex and State of
| ermont or before the fifteenth day of Nov
ember, A. d. 1916; and that he file his answer to
| said petition Oh or before the twenty-hfth day
of November, A. D. 1916, or said petition will be
take as Confe ssed. 1t is further ordered that
notice of the tendency of said petition be given
said defendant James c. Gathercole bypublica-
ton 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 GuildhaIl i'll the
county of Essex this goth day of september,
| A. ID. 1915,
GEORGIA., HUBBARD, Clerk.
o. S. Annis, North Troy, VT, Solititor. 1o-t2