The Barre daily times. (Barre, Vt.) 1897-1959, 1920-02-26
STATE or VERMONT. WASHINGTON
COUNTY, IN CHANCERY
WATERBURY SAVINGS BANK AND
TRUST COMPANY
VS..
ALFRED Il. WILLS
ALBERT A, HUTCHINSON
MARGUERITE +. HUTCHINSON
PETITION FOR FORECLOSURE

| To the court of ehancery, holden at The
city Of Montpelier within and for the coun-
| 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
Washington and state OF Vermont, showeth
and sets forth that Alfred E. Wills and Al
| bert A. Hutchinson and his wife, Margucr-
| lite +. Hutchinson, Of lgnace, in the prov
ince Of Ontario and Dominion Of Canada, on
! the 18th day of June. A. d. 1877. duly exc
cutcd ana delivered 70 W. W. Howe and his
wife, Hattie L. Howe, of Burlington, in
| the county Of Chittendsn and state OF YER
mont, mortgage deed of certain land and
| premises in Waitsheld In said county OF
Washington, and described in said mort
/ gage DEED az follows:
Being all and this same land and premises
| known as the James III. Ferris farm, con-
| siating of four hundred and hfty-four acres,
| be said amount more or less, ana the nulla-
| ings thereon, that was conveyed by James
| III. Ferris to Edna e. Howe by deed bearing
date July II. 1906, and of record in book
| l3, on page 100, of the land records OF said
| town Of Waitsield, except that piece or par
Gel consisting Of twenty acres, be said
| amount more 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
| Eaten and o. M. Eaton to Edna y. Howe
| by deed bearing date July 81, 1905, and OF
| record in book 10. on page l04, 81 the hhd
| records of said town OF Wsitsfield.
Said land and premises heretnbefore De
scribed WAS decreed to said w. W. Howe
| from the estate Of said Edna +. Howe by
decree from the probate court OF and Tor
| the district of Chittenden in said state,
| bearing date October g. 1908. and of rec
ord in book "a. on pages S4s,S4s, OF the
| land records Of said town OF Waitsheid;
| Also all and the same land and premises.
consisting Of thirty acres, be said amount
more or less, that was conveyed by w. Z.
Kelsey to said W. w. Howe by deed bearing
date April 23, 1914. and Of record in book
IL. on page II, Of the land records OF said
| town Of Waitsfeld
/ This deed is made, executed and delivered
subject to the right Of way of ID. A. Knee-
land and also the right Of way OF K A.
Maxwell.
| This deed is also made, executed and de-
| livered subject TO any and all reservations.
conditions and rights mentioned in said
deed from w c. Kelsey TO w. W. Howe IN
relation To maple trees, leaves and crop
/ gro wing upon huttcrnut trees.
This deed is also made executed and de-
1 lvcrpd subject TO a mortgage deed now IN
1 force to the amount OF fifteen hundred uoi-
lars to the Waterbury Savings Bank and
+! Trust Company Of Waterbury Vermont, COW
cring said Land and premises, which said
| mortgage deed to the amount Of hfteen hun
bred dollars and interest thereon from the
date hereof said mortgagors assume and
| agree 10 pay and TO forever see and save
| said mortgages and their heirs and assigns
| free and harmless therefrom.
This deed is also made, executed and de-
| lvered subject TO the right heretofore gwen
Richardson Brothers TO cut timber where
the trees are eight inches more in diam
eter other than maple. on said land and
premises, which right expires October l.
| 1917. and the right heretofore given SAID
Richardson Brothers 10 remove such timber
where the trees are eight inches more in
diameter other than maple, which right eX-
pires on March 20, 1918.
Meaning hereby 70 convey all and the
same land and premises that was heretofore
on this day conveyed b. said w. W. Howe
| and his wife, Hattie l.. Howe to said Al
| fred f. Wills and Albert A. Hutchinson by
warranty deed bearing date June 7. 1917,
and to be of record in the land records OF
said town Of Waitsheld.
To said deeds and the recorta thereof and
| to NIL deeds and records therein referreu 70,
and to said decree aud the record thereof in
| the records and files Of said probate court
and In the land records of said town Of
Waitsfeid reference Is hereby made In aid
| Of this description" All Of said land and
premises il known RS Woodland Farm,
containing six hundred arres, be said amount
| more or less with the buildings thereon,
situated in the town Of Waitsheid, IN SAID
county Of Washington.
That said mortgage deed was conditioned
| for the payment BY said Alfred Il. Wills
and Albert A. Hutchinson unto said w. W.
Howe and his wife. Hattie L. Howe. or
their heirs or assigns, two certain pfpfnM =
sorry notes signed by said Alfred Z. Wills
and Albert A. Hutchinson. dated at Essex,
Vermont, June Z. 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 tirst being payable in the sum q two
thousand dollars in manner following Twen-
ty-ive dollars on or before the eth day OF
July, 1917, and TWENTY-FIVE dollars on or
before the It'll day Of each and every month
thereafter until fully paid, with interest
annually at the rate Of five per cent at the
Waterbury Savings Bank and Trust COM
pany Of Waterbury, Vermont and the sex
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
Of FIVE per cent at the Waterbury savings
Bank and Trust Company OF waterbury;
Vermont: and further conditioned for said
pctitionees to keep the buildings on said
premises well and properly insured IN iair
insurance value in n responsible IRE insuf-
snce compsny or companies against loss by
fire and lightning for the benefit OF said
Waterbury Savings Bank and Trust Com
pany and its SUCCESSORS and assigns as hrst
nlortgepee and said W. W. Howe ana ms
wife. Hattie l.. Howe, and their heirs ano
assigns, as second mortgage, as their re-
spective interests may appear'-said mort
gage deed being given subject 10 y hrst
mortgage then existing in favor OF sad
pany--apd further conditioned that said pc
titionees might cut and market wood and
tinbor from said lands and premises for a
fair marketable price 10 such purchasers rs
might meet with the approval of said petit
tioners, said approval TO be obtained prev1-
Gus to the marketing Of such wood and
timber. and one-half of the purchase price
for said wood and timber when PAID from
tire e. tim. TO be raid TO said petitioners
and 10 be applied on the principal OF SAID
second note given for five thousand dollars.
That said W. W. Howe and bis wne
Hattie l.. Howe in September, 1917, con-
veyed, Transferred and assigned said notes
and mortgage deed TO said Waterbury saw
inzs Bank and Trust Company by assign.
ment bearing date September IL, 1917, and
il IS now the legal owner thereof that
said Waterbury Savings Bank and Trust
Albert A Hutchinson and Marguerite y.
Hutchinson that Il owned said notes and
mortgage and that the same were at ib
place Of business at said waterbury ior