Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1918-04-03
Order of Notice
James Douglass VS.. Arthur J Lebeau,
Delima Lebeau, and Orleans Trust
Companv
In Chancery, Orleans County


Company
In Chancery, Orleans County
Whereas James Douglas, of Penn
broke, in the County. of Merrimack
and State of New Hampshire, has fill
ed In the Office of the Clerk of the
Court of Chancery for the County of
Orleans and State of Vermont his
petition for foreclosure against Ar
thur j. Lebeau and Delima Lebeau,
his wife, and The Orleans Trust
Company, corporation existing I'M
der and by virtue of the laws Of the
S.ate CT Vermont, AID located at
Newport in said County of Orleans,
setting forth, in substance that said
Arthur j. Lebeau and said Delima
Lebeau, then claiming to reside in
Newport, in the County of Orleans,
mack and State of New Hampshire,
on the I'd day Of July 1917, duly ex-
ecIted to James Douglas a mortgage
deed OF certain land situated III Al
bany, in the County of Orleans, de-
scribed as follows:
Being IS acres of land off of lot
No. $50, and 25 acres off from lot No.
III, of lots of land in said town of AL
bany, being all and the same land and
premises described in a warranty
deed from S. C. Scott and J. F. La
bounty to said Arthur J. Lebeau,
dated January 20, 1917, and record
ed in No. 10, page 100, Of Albany
land records" The above-described
mortgage dated July 1910, 1917, and
recorded in book 10, pages 555 and
$50 of Albany land records.
Conditioned for the payment Of one
certain promissory note for the sum
Of one thousand dollars, payable to
James Douglas or order, in six
months from date, with interest at
Arthur J. Lebeau and Delima Lebeau.
And averring that that said note had
not been paid, but was then due and
owing.
And further averring that when
said Arthur J. Lebeau and Delima Lee
beau executed the mortgage sought TO
be foreclosed in said petition, to wit, at
Pembroke aforesaid, on the I'd day of
July, 1917, they represented and war
ranted said mortgaged premises to be
free and clear from all mortgages
and membranes whatsoever.
That on the 10th day of July 1917,
when said petitioner presented his
said mortgage to the town clerk of
Albany. mont, for record, he then
and there found the record of mort
gage upon said premises given by
said Arthur J. Lebeau and Delima Lee
beau to the Orleans Trust Company,
q corporation existing by virtue of
the law of Vermont, and located at
Newport aforesaid, for the sum of
$4,000, dated January 20, 1917; said
mortgage describing a promissory
4ho
sum of $4,000, payable on demand,
with interest semi-annually on Jan
uary 1st and July 1st of each year,
and signed by said Arthur J. Lebeau.
And averring that said Orleans
Trust Company now claim that said
Arthur J. Lebeau owe on their said
mortgage the sum of five hundred
dollars and accrued interest, and said
ORLEANS Trust Company is made a
party to this suit, for the purpose Of
ascertaining the correct amount due
upon its mortgage on the I'd day Of
July, 1917.
And further setting forth that said
Arthur j .Lebeau has sold the stock
and farming tools upon said farm,
and leased it for one year, and had
since left the state Of Vermont. And
further averring that said premises
were not worth over six Or seven
hundred dollars, that if the said mort
gage of said Orleans Trust Company
should be allowed at five hundred
dollars it would leave said
premises mortgaged for the sum of
fifteen hundred dollars and accrued
interest. And praying for short
day Of redemption Of said premises.
And praying that the equity of re-
Of cold ri
beau and Delima Lebeau be
foreclosed agreeably to law;
that the correct amount due to
said Orleans Trust Company upon it's
July 2, 1917, be ascertained
in accordance with the prayer of said
petition.
That said petition was dated the
ed day of March, 1918.
And it appearing that the defend
ants Arthur j. Lebeau and Delima
Lebeau are without the State of
Vermont SO that personal service of
said petition cannot be made upon
them, it is therefore ordered that said
petitioner notify the said Arthur j.
Lebeau and Delima Lebeau Of the
tendency of said petition, by causing
The substance Of said petition and of
his order, to be published three weeks
in the Orleans County
a newspaper published at
Barton, in the County of Orleans; the
asst publication to be at least twenty |
lays prior to May 3, 1918; 1t is fur
her ordered that said defendants Ar
hur J. Lebeau and Delima Lebeau,
inter their appearance with the clerk
# said Court on or before the Sd day
# May, 1918; that they file their an
;wers to said petition on or before
Nay IS, 1918, or said bill will be TAX
n as confessed against them.
Given under my hand at Newport,
n the County Of Orleans, this Goth
lay of March, 1918.
H. B. Cushman,
Clerk.
F. w. Baldwin,