The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1917-07-05
ORDER ron NoriaE
nv HiITATioN

In hs@cery

whereas fFaGk EnafN 81 hnAssi, u
fhs rsuBniy ~ Washington and Ststr y
New Tsfk, has brouKhi his petition 10
farseiuewre against Thomas y CryAr
Adpsrhus Rtsuls and tie EEg Noun
tain offhafdss Inc. New York cofpef
st40r therein setting f0fth that pai,
Thomas Y rrBau, then - thc cts an'
state ~ At@ YORK. on the srr Say @
June 1919 81 Salem executed e. the RAE
Frank Btaty mortgage deed ~ thfs'
aertMin pieece Df patceis ~ land situai'
ia the Tossn ~ Snndgatc. u the COUNT
Of Bennington and ktnte - Vermont
described - follows IN s8id mortgage
FIRST All the lands aud premises
described 10 certain warranty
deed dated January "a. 1899, exc
cutpd 10 Man 4 Johnston g. 10
ward q Johnston sud recorded ~
Sandgate Town Clerks Office on
JanuAfs ~ iks2. at 3 O'Clock and
30 minutes v ~ ia Book NJ. ] 4 of
Deeds. al pages 2kt snd 2s2
Second Aii the land and prem
faea described Ia certain war
Fanty deed dated june Z, 1884, exec
s.ufed hX william Edin and Mary
a. ms wtfc, to n q johnston, ana
recorded IN SandRate Town clerks
s1aice un Iuue y. 1885, ~ O'Clock
~ ~ W Book Ne. II 81 Deeds, ~
pages ta9 and t0t
Third An the lands aud premises
deHcribvd In certain warranty
deed. dated January 3, 1924, cAccut-
I'd BY Henry u, Beatty and Fannie
atom aud recorded in SAndgHte
Town Clerks Once on January y.
1894. at 9 o'clock 30 minutes T. NJ.
tn Vol II. at pages 3A& Sss ana
1S
An 81 the above described pieces
or parcels ~ land being supposed
10 contain twelve hundred and
ninety three acres u land be the
same more or less. aud being the
same premises conveyed 10 Frank
Beaty by Edward 9. and Mary "
Johnston, his VIE, by warranty
deed dated April 30 1901. and re-
corded ia sandgate. Vermont Town
Clerks Dftce IN Book iS II Deeds,
at pages SO and 6s and being the
same PREMISES described in GER
tain warranty deed. executed by
Frank Beatty and Mary h. Beatty.
his wife, 20 Thomas V cryan, bear
ing even date herewith and Mt
present unrecorded, and this mort
gage Ia given 90 secure the pay
manl 81 part Of the purchase
price of the tracts or parcels OF
land hcreinbefore described
And further setting forth that SAID
mortgage WAS given 20 secure the per-
Torrance Of the condition OF certain
bond executed by said Thomas v. Cryan
10 the said Frank Beatty on the Bird Gay
of june. 1912. which said bond was
condition for the payment by SAID
-cryan 10 said Braty, OF the sum OF one
thousand C000l dollars with interest
al six per cent, per annum i'm three
years after date with interest payable
nemi-annually. and that the condition
of said bond has not been performed
according To it's tenor or the said sum
OF one thousand 10000 dollars with IN
ferest paid when the same became due,
but that IL now remains justly due ana
owing.
Further setting forth that at the time
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 sara
Thomas v cryan on said Bird day OF
June. 1919. executed another mortgage
to Mary h, Beatty and Agnes ), saiiord;
both OF said Salem, OF the same ana all
ahe real estate described in said petit
tlon, To secure the performance of the
condition OF another certain bond exc
-cuted by said Thomas v Cryan on said
Bird day Of June, 1919. the condition OF
which was and is that IL the said
Thomas V. Cryan. his executor or adj
Intnistrutor should pay or cause TO be
paid 10 the said Mary r. Beatty, Agnes
3. Stafford, their executors. administfa,
tors or assigns. the sum of ave hundred
dollars (S500) with interest thereon at
xix npr cent per annum as more iully
appears in said bond, and pay the pfin-
cipaI thereof ON the sra day OF June,
1915 then the bond should he void,
otherwise 10 remain in full force and
virtue: and that tile condition of said
last named bond has not been perform
ed. nor said sum of FIVE hundred dollars
1s500) with interest paid, but Is now
Justly due and owing.
Further setting forth that said last
named mortgage and the BOND secured
shercby were on the 18Th day OF june,
1911. duly assigned and transferred 70
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 conveyed the premises TO the
Egg Mountain Orchards Inc, New
York corporation organized and exist
ing pursuant 10 law, and that by feas-
ON 0f such conveyance the said corpor-
alton claimed some interest in the
mortgaged premises that was subject
and subsequent TO petitioners mort
gage.
petitioners said mortgages against all
said defendants, agfeeably to law;
Whereupon, a subpoena was issued in
due form OF law dated the 2tth day OF
May. 1916, commanding any sheriff or
constable In the State to notify said de-
PENDANTS to appear before said Court OF
.Chancery. at it's next stated term and
TO cause their appearance 10 be enter |
I'd with the clerk of said Court on or |
before the expiration OF forty-two
days from the date OF such subpoena;
then and there in said court to answer |
such petition and abide the order OF
the court therein.
And il appearing that the said |
Thomas " 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. IL a foreign |
having designated no agent /
in this State upon whom service Of said |
subpoena can be legally made;
1T Is THEREFORE, ORDERED, that
Thomas v. cryan and the said Egg
Orchards. Inc, non-resident
be each required 10 appear
before said Bennington County Court
OF Chancery at Manchester. in said
County. and make answer TO said petit
tton OF foreclosure now on file IN the
clerks ONCE of said court; and also TO
cause their respective appearances
therein to he entered with the clerk OF
said court. all on or before the 4th day
OF August. 1917. being the return day
liked 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 g2nd day OF June, 1917.
JACOB J. SkAkSHOBER
Clerk
uAtaar A. Hat, snliaftnr Tor petit