The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1917-06-28
ORDER ron NOTICE
nv puBtIs ALTON
trsnh DfsiY
Iksmas -. sryas In
Adatphas tssals
Err Nj nfeharss Lac.


Whereas, Frank Beatty ~ Salem, 4
4he CouufT - "a Washington and state o
New YORK. has brought his prtltion -
forer lospFe UEa Thomas y ivan
Asolphus Nrsula and ths Eag Muun
tsta Orchards. inc a NeW York corpor
sttnr therein Nettfnr fsftb that fal'
Thomas \ t'fg an theu - the Ctfg hrt
FtAte af Scu York an the 1f' DAY 81
June 1914 al SAlrm executed O. The fal'
Frank btaiy mortgage evfd ~ tbF''
certain pieces ~ parcels - land aiiHbt'
IN the Town ~ ksndEAtr ~ tht Nouuil
Sf Bennington ana State ~ vermont
described ~ foiluNR ia raid mortgage
FIrsi Al iEs lands aud premises
described ia certain warranty
deed dated JAnuHrt -W 1899, tAv-
suted ~ MARY Johnston 10 I'd
WArd - Johnston and recorded IN
gAudKafr TpNn Clicks once 90
January ~ 1871 at O'Clock ana
% minutes =. n ju Book No, II -!
DEEDS. a pS,gt,r r. ssl en-. and nv ,rern.
lses depstibcd M certain war
fAnty decd dated june 4 1885,. exc
cuied Is Willlam Edio and Mary
q his eifo. 10 T. q Johnston, anu
recorded Va SYNDICATE Town clerks
once on June &, 1894, 81 O'Clock
D. Il ln BOOK No ~ uf Deeds. al
pages 800 and t0l
Third An the lands aud premises
described IN certain warranty
decd. dated January s, 1885, cNecut~
cd BY Henry II Beatty and Fannie
w Beatty, his Wife, to Il g. john
sion and recorded Ia Sandgate
Town Clerks Once on January 70.
isst. at 3 O'Clock 30 minutes r, VI
In Vol. II. ~ pages 5s2. ~ ana
$50
ar parcels nf land being supposed
10 contain twelve hundred ana
ninety three acres OF land, be the
same more or less. and being the
same premises conveyed to Frank
"a 49, a ~ u.
Johnston. his Ntfrs by warranty
deed dated April 20, 1901. and re-
corded ia Sandgate, Vermont Town
Clerks Once IN Book Is Of Deeds.
at pages 60 and 81: and being the
same PREMISES described IN GER
tain warranty deed, executed by
Frank Beatty and Mary r.. Beatty.
his wife, 10 Thomas V. Cryan. bear
ing even date herewith and at
present uur"corded. and this mort
gage ~ given TO secure the pay
menl 81 part OF the purchase
price OF the tracts or parcels Of
land hereinbsfore described
And further setting forth that said
mortgage was given TO secure the per-
formAnCe OF the condition OF certain
bond executed by said Thomas V. Cryan
20 the said Frank Beatty on the 3rd uay
OF June, 1912, which said BOND was
condition for the payment by said
sCryAn To said Beatty Of the sum OF one
thousand u000) dollars with interest
years after date with interest payable
semi-annualiY and that the condition
OF said bond has not been performed
according To its tenor or the sara sum
OF one thousand 10000 dollars with in
terest paid Is hen the same became due,
but that II now remains justly due ana
owing
OF said conveyance said defendant
Adolphus Reaulo had. or claimed TO
have some right or title subject TO
petitioners mortgage.
Further setting forth that the said
Thomas Y. Cryan on said 3fd day OF
June 1912. executed another mortgage
20 Mary r. Beatty and Agnes 5. Stafford,
both Of said Salem. OF the same ana all
the real estate described in said petit
ton. 10 secure the performance Of the
condition of another certain bond exec
cuted by said Thomas v. CTyah on said
3rd day OF June, 1912, the condition OF
which was aud II that " the SAID
Thomas v Cryan, his executor or adj
ministrator should pay on cause TO be
paid to the said Mary +. Beatty, Agnes
: Stafford, their executors, adminlstra-
tors or assigns, the sum Of five hundred
dollars (S50U) with interest thereon at
six uer cent. per annum, as more fully
appears in said bond, and pay the prin-
clpal thereof on the 3fd day or June,
1915, then the bond should be Noid,
otherwise to remain in full force and
virtue; and that the condition OF SAID
last named bond has not been perform
ed nor said sum of i've hundred dollars
$4,000 with Interest paid. but is now
Justly due and owing
Further setting forth that said last
named mortgage ana the bona secured
thereby were on the 18th day OF june.
1917, duly assigned and transferred to
the petitioner, and that petitioner IS
now the lawful owner and holder OF
said last named mortgage and bond.
Further setting forth that after the
execution Of said mortgages the said
had ganNHNgd ibg nTnmlgpg 10 The
Egg Mountain Orchards, Inc, a New
York corporation organized and exist
ing pursuant To law, and that by reas-
on OF such conveyance the said corpor- |
mortgaEed premises that was subject
and subsequent to petitioners mort |
gage
petitioners said mortgages against all
said defendants, agrceably to law;
Whereupon, subpoena was issued in |
due form Of law dated the goth day OF
May, 1916. commanding any sheriff or
constable in the State to notify said de- |
PENDANTS 10 appear before said Court OF /
.Chancery, at it's next stated term and /
20 cause their appearance TO be enter |
cd with the clerk OF said Court on or |
days from the date of such subpoena;
then and there in said court b. answer |
such petition and abide the order of /
the court therein;
And il appearing that the said
Thomas V. cryan resides and Is with
out this state so that said subpoena
cannot be served upon him personally /
In this State, and that the said Egg
Mountain Orchards. Inc, is foreign
having designated no agent
in this State upon whom service Of said
subpoena can be legally made;
TT Is THEREFORE, ORDERED. that
Thomas V. Cryan and the said Egg
Mountain Orchards. Inc, nonresident
defendants, be each required 10 appear
before said Remington County Court
OF Chancery Mt Manchester, In said
and make answer to said petit
ton OF foreclosure now on file I'm the
clerks Office OF said court; and also 10
cause their respective appearances
therein TO be entered with the clerk OF
said court, all on or before the ith day
OF August 1917, being the return day
Fixed by the clerk OF this court and
that said petitioner do cause this order
TO be published once a week for three
weeks successfully in the Manchester
Journal. newspaper published In
in said County. the last of
which publications shall be at least
twenty days previous to said return
DAY
dated at Bennington. In said County.
this 22nd day 81 June. 1911
JACOB J. SkAkSHOREk
Clerk
Holden a Hcaly. solicitor for Peti.
TONER ll-S
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