The Barre daily times. (Barre, Vt.) 1897-1959, 1920-03-04
STATE OF VERMONT. WASHINGTON
COUNTY, IN CHANCERY
WATERBURY SAVINGS BANK AND
TRUST COMPANY
VS..
ALFRED f. WILLS
ALBERT A. HUTCHINSON
MARGUERITE +. HUTCHINSON
PETITION FOR FORECLOSURE

ty of Washington
The petitioner. the Waterbury Savings
Bank and Trust Company. a corporation
duly created and existing under and by
virtue OF the laws of the state of Vermont,
having its principal office and place of
business at Waterbury, in the county OF
and sets forth that Alfred E. Wills and AL
bert A. Hutchinson and his wife, Marguer-
lite +. Hutchinson. Of Ignace. in the prov
ince Of Ontario and Dominion of Canada, on
the 9TH day of June A. d. 1917, duly exc
cuted and delivered TO w. w. Howe and his
wife. Hattie l.. Howe of Burlington, in
the county of Chittenden and state of YER
mont, mortgage deed of certain land and
premises in Waits6eld, in said county of
, Washington and described in said mort
gage deed as follows:
Being all and the same land and premises
| known as the James ii. Ferris farm. con-
sisting Of four hundred and ffty-four acres
be said amount more less, and the build
! ings thereon, that was conveyed by James
r. Ferris to Edna E. Howe by deed bearing
| date July IL, 1906, and of record in book
! IL. on page 100. Of the land records Of said
| town OF Waitsheld, except that piece or par
| eel consisting OF twenty acres, be said
amount more or less, situated in the town
Of Fayston, in said county of Washington.
Also all and the same land and premises.
consisting OF one hundred and sixty acres, be
said amount more or less. and the buildings
Eaton and o. Nj. Eaton to Edna Il. Howe
/ by deed bearing date July 81. 1905. and Of
| record in book 10. on page 104, of the land
records Of said town of Waitsfield.
| Said land and premises hereinbefore de-
scribed was derived TO said w. w. Howe
| from the estate of said Edna T.. Howe by
decree from the probate court of and for
| the district of Chittenden in said state,
bearing date October 26, 1908, and of rec
| ord In book IL, on pages 34s-349, of the
land records Of said town of Waitsfeld.
Also all and the same land and premises,
consisting OF thirty acres. be said amount
more or less, that was conveyed by W. c.
kelsey 70 said w. W. Howe by deed bearing
date April 49, 1914. and of record in book
ID. on page ~. Of the land records of said
This deed is made, executed and delivered
subject to the right Of way OF d. A. Knee
land and also the right of way of Il. A.
Maxwell
This deed Is also made. executed and de
livered subject 10 any and all reservations.
conditions and rights mentioned in said
deed from w. c. Kelsey TO w. w. Howe in
relation TO maple trees, leave and crop
growing upon butternut trees.
This deed Us also made executed and de-
livCred subject to mortgage deed now in
force TO the amount of fifteen hundred dol
lars 10 tho Waterbury Savings Bank and
( Trust Company of Waterbury Vermont, COW
ering said land and premises. which said
mortgage deed to the amount Of fifteen hun
dred dollars and interest thereon from the
date hereof said mortgagors assume and
agree to pay and to forever see and save
said mortgagees and their heirs and assigns
free and harmless therefrom.
Ths deed Is also made executed and de-
liyered subject to the right heretofore given
Richardson Brothers TO cut timber where
tho trees are eight inches or more in diam
premises. which right expires October /,
1917, and the right heretofore given said
Richardson Brothers TO remove such timber
where the trees are eight inches or more in
diameter. other than maple. which right ex-
pir,s March 20. 1918.
Meaning hereby 10 convey all and the
same land and promises that was heretofore
on this day conveyed by said w. W Howe
fred Z. Wills and Albert A. Hutchinson by
wsrranty deed bearing date June Z, 1917,
and TO be OF record in the land records Of
said town of Waitshed
To said deeds and the records thereof and
TO all deeds and records therein referred 70.
and to said decree and the record thereof in
the records and files Of said probate court
and in the land records OF said town of |
Waitsheld. reference Ia hereby made in aid |
Of this description" All Of said land and
premises is known as Woodland Farm"
containing six hundred acres, be said amount |
more less. with the buildings thereon, |
situated in the town Of Weitsfeld, in said |
county Of Washington
That said mortgage deed was conditioned I
for the payment by said ALFRED z. wills /
and Albert A. Hutchinson unto said w. W. |
Howe and his wife, Hattie L. Howe or |
their heirs or assigns, two certain promiH- !
sorry notes signed by said Alfred z. Wills /
A.
Vermont, June !. 1917, payable to said w.
W Howe and his wife. Hattie L. Howe. or
order given for the sum Of seven thousand /
dollars, the same being for a portion of the
purchase money for said land and premises,
the first being payable in he sum OF two
thousand dollars in manner following TWEEN
ty-hve dollars on or before the It'll day Of
July, 1917, and twenty-five dollars on or
before the 18th day Of each and every month
thereafter until fully paid. with interest
at the rate OF FIVE per cent. at the
Waterbury Savings Bank and Trust Com
pany OF Waterbury, Vermont and the sec
ond payable in the sum Of five thousand dol
lars on or before seven years from the date
thereof with interest annually at the rate
y five per cent, at the Waterbury Savings
Bank and Trust Company of Waterbury.
Vermont and further conditioned for said
to keep the buildings said {
premises well and properly insured in fair
insurance value in responsible hrc tnsur-
,nce company companies against loss by
ire and lightning for the benefit Of said
Waterbury Savings Bank and Trust Com
,any and its successors and assigns as first
and said w. W. Howe and his
wife. Hattie l.. Howe. and their heirs and
ssigns, second mortgages. their re-
pcctive interests may appear-said mort
rage deed being given subject 10 q hrst
n Waterbury Savings Bank and Trust Com
,any-and fL-ther conditioned that said pc
itionces might cut and market wood and
irnbCr from said lands and premises for a
AIR marketable price 70 such purchasers as
night meet with the approval Of said petit
ioncrs, said approval to be obtained previ- 4,
nus TO the marketing OF such wood and I
iuibCr, and one-haf of the purchase price :
or said wood and timber when paid from .
inc 20 time q be paid 10 said petitioners .
nd 20 be applied on the principal OF said
ec9nd note given for FIVE thousand dollar
That said W. w. Howe and his wife.
latte L. Howe In September. 1917. con
eyed. transferred and assigned said notes
nd mortgage deed TO said Waterbury Saw
n
1ent bearing date September IL. 1917. and .
Is now the LEGAL owner thereof. that -
aid Waterbury Savings Bank and Trust
ompany duly notified said Alfred f. wills. :
Inert A. Hutchinson and Marguerite j. =
hutchinson that It owned said notes and
lortGage and that the same we're at its
lace Of business at said Waterbury for y
ayncnt. 3
The said Waterbury Savings Bank and !.
rust Company further showeth and sets
1rth that said first note given for the =,
nm Of two thousand dollars has been paid &
fun that the sum Of three hundred
twenty-five dollars and sixty-two cents was
n April I. 1919. paid on the principal OF
I'D second note, leaving balance of the I,
Iincipal unpaid of said second note the -
an Of four thousand six hundred twenty 20
wen dollars and thirty-eight cents that ~
'e interest on sR.d Second note u paid to "
lne z, 1918, but that there Is now due
nd remaining unpaid interest on said sec
ID note from June Z. 1918, to June Z,
ne. amounting TO two hundred forty-six
,llars and ffty-cight cents. and there also
mains unpaid interest on said note from
me Z. 1919: which said payment Of three
indred seventy-two dollars and siNty-two
nts was derived from the sale OF wood
Va timber from said lard and premises a. =
divided in said n'os1gsEe a. aforesaid.
That said petitioners have failed and neg
cited TO kern the buildings on said land
ID premises insured according TO the eondi- s.
IN Of said mortgage whercspou said petit
lner has been obliged to pay large sums of ici
onoy in order 70 keep such buildings in
red FOR the benefit Of said mortgage; and I'll