The Barre daily times. (Barre, Vt.) 1897-1959, 1920-03-11

pany of Waterbury, Vermont and the Sec
ond payable in the sum OF hve Thousand aoi-
lars on or before seven years from the date
thereof with interest annually az the rate
Of Ave per cent. at the Waterbury savings
Bank and Trust Company OF waterbury,
Vermont; and further conditioned Tor said
potitionees to keep the buildings on said
premises well and properly insured IN o iair
insurance value in a responsible hre ihsur-
ance company or companies against loss ~
| fire and lightning for the benent OF salu
Waterbury Savings Bank and Trust Com
pany and its successors and assigns az my
mortgaUeo and said W. W. Howe ana me-
wife, Hattie l.. Howe. ana their neifs anu
assigns, as second mortRagee as their re-
spective interests may appear-said mort
gage deed being given subject TO nrsI
mortgage then existing in favor OF saio
Waterbury Savings Bank and Trust Com
pany-and fl~ther conditioned that said pc,
titionecs might cut and market wood ana
timber from said lands and premises Tor
fair marketable price to such purchasers 40
might meet with the approval OF said petit
toners aad approval to be obtained PREV,
Gus 10 the marketing of such wood ana
timber. and one-half of the purchase price
for said wood and timber when paid from
time 10 time tp be paid TO said petitioners
and to be applied on the principal OF sara
second note given for five thousand dollars,
That said W. W. Howe and his wne'
Hattie l.. Howe. in September. 1917, con-
yryed transferred and assigned said notes
and mortgage deed TO said Waterbury Sav-
i ings Bank and Trust Company by assign,
ment bearing date September IA, lyif, aha
IL is now the legal owner thereof that
said Waterbury Savings Bank and Trust
Company duly notified said Alfred Il. wills
Albert A. Hutchinson and Marguerite =;
Hutchinson that It owned said notes ana
mortgage and that the same were at its
place of business at said Waterbury Tor
payment.
! The said Waterbury Savings Bank and
Trust Company, further showeth ana se hs
forth that said first note given for the
sum of two thousand dollars has been psia
In full that the sum OF three hundred
seventy-two dollars and sixty-two cents was
on April |, 1919, paid on the principal OF
said second note, leaving balance of the
principal unpaid Of said second note tne
sum of four thousand six hundred twenty
seven dollars and thirty-eight cents that
the interest on said second note Is paid to
June q 1915 but that there E now due
and remaining unpaid interest on said sec
end note from June 7, 1918, TO June Z,
1919. amounting TO two hundred forty Si i
dollars and ffty-eight cents. and there also
remains unpaid interest on said note from
June 7, 1919: which said payment OF three
hundred seveuty-two dollars and sixty-two
cents was derived from the sale OF wood
and timber from said land and premises as
provided in said mortgage as aforesaid
! That said petitionees have failed and neg.
lected to keep the buildings on safd ianu
and premises insured according 10 the conui-
tion Of said mortgage. whercupon sAid peti.
tioner has been obliged to pay large sums OF
money in order 10 keep such buildings m
sured for the benefit OF said mortgage ann
said petitioner the Waterbury Savings Bank
and Trust Company, further showeth and
sets forth that each and all OF said petit.
tionees are now living in the Dominion OF
canada but In such parts thereof as art
unknown to said petitioner. Said petitioneet
have also failed TO pay the taxes assessed
on the grand list Of 1919 on said premises
paid by the petitioner TO the amount oil
eighty-two dollars and fifty cents $3.50.
W6ersfoYc the petitioner, the Waterbury
Savings Bank and Trust Company, prays
thar the equity of redemption OF said petit
tones. Alfred E. wills, Albert A. Hutch.
inson and Marguerite +. Hutchinson, in said
land and premises may be forcclosed agree
ably TO the provisions Of law and equity.
Dated at Montpelier, in the county Of
Washington and state Of Vermont. this Z5tf
day Of February, A. d. 1920.
, William N Theriault recognized TO eaef
OF the petitonees in the sum Of nifty doilari
as surety for the costs Of prosecution, a.
the law requires.
Before me,
JOSEPH C. FRATTINI Dep. Clerk
hcreby certify that the foregoing petit
ton is drawn according to the rule o.
, ehaneory. and that according 10 the instrue
tions given me and the case laid before me
! there is good ground for the suit IN Tn
manner in which II Is framed
ALLEN MARTIN, Solicitor
AND WHEREAS, it is made to appea'
To the court that the SAID ueienuhntSf AnFe'
f. Wills Albert A. Hutchinson and Mar
guerite +. Hutchinson. reside and are with
out this state. where service OF the process
az this court cannot be made upon them
therefore it is ordered that the said defend
ants bc given notice Of the pendeney o
said bill in chaneGry, given opportunity u
make defense therein and summoned to ap
, pear and make answer thereto before IN
| honorable court Of chaneery. at Montpelier
within and for the county OF Washington
and stats Of Vermont by publication o
the substance Of said bill in ehaneeTy, TO
! gether with this order in the Barre DALI
Times. a newspaper published ut Barre u
the county Of Washington, three weeks sne
. cessively, the last Of which publications shal
be at least twenty days previous to The SIS
! day of March A. ID. 1920, which shall b
deemed sufficient notice to the said defend
, ants, Alfred e Wills. Albert A. Hutchinson
and Marguerite +. Hutchinson.
Given under my hsnd at Montpelier Il
the county OF Washington, this zSth da
, Of February. A. ID. 1890.
LEWIS c. MOODY CLERK
! ALLEN MARTIN. Solicitor for orntor.
Feb2e- MHrf-lt