The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1922-07-07
NOTICE OF FORECLOSURE.
State of Vermont COURT OF
Oran0 COnntu &C. CIIAkCED W
CHANCERy

OA"hS NOuhty, S. IttANCEK I
WHEREAS James McQuigan, of Top
sham, in said County of Orange, has
preferred to the Court of Chancery his
petition for foreclosure against Mary
l. Wilfore of Boston in the County of
Suffolk in the Commonwealth of Massa-
chusetts. and John Wi1fore of Elgin In
the County of Wabaska in the State of
Minnesota. therein setting forth in
substance. that the said defendants on
the 10th day of June, A. d. 1921, were
Justly and truly indebted to the said
petitioner in the sum of EIGHT HUN
DRIED FIFTY DOLLARS and EIGHTY
FIVE CENTS specified in a certain
promisory note bearing date. June goth.
1921 aforesaid, signed by the said Mary
l. Whore and delivered to the said
petitioner. payable to the said James
McQuigan, ONE HUNDRED DOLLARS
annually with interest at five per cent.
And in order to secure the payment
of said note. the said Mary L Wilfore
and John Wilfore. on the Goth day of
June. 1921 duly executed to the said
James McQuigan a mortgage deed of
the following described land and prem
Uses. to witt:
"Being all and the same land and
premises conveyed to the said Mary l.
Wilfore by James McQuigan by his
deed of warranty bearing date of June
goth A. d. 1921" Upon condition that
the said Mary L Wilfore, her heirs or
assigns shall well and truly, pay or
cause to be paid to the said James Nc
Quigan his heirs or assigns the prin-
cipal of said note and interest, above
! set forth agreeable to it's tenor and
effect, then said mortgage shall be null
and void, otherwise to be and remain
in full force and effect in law. The
above described mortgage deed recited
that the aforesaid premises were sub
ject to a prior mortgage to Fl Stay
ton in the sum of SIX HUNDRED
THIRTY DOLLARS, and that said petit
toner upon information and belief
AYERS that said prior mortgage remains
unpaid and is valid lien on said
premises.
Said petitioner further complains and
says that said note so signed and de-
Iivered by the said Mary L Whore
and the said mortgage signed, sealed
j and deliver ed by the said Mary L Will
fore and John Wilfore, are now held
and owned by him, and that said note
Is now overdue and that no part of the
principal of said note or interest there
| on has been paid.
Said petitioner further complains and
says that the said Mary L Witfore and
John WiIfore by themselves and their
agents have cut and removed from said
premises large quantity of timber
without the consent of said petitioner.
and that the defendants have neglected
and refused to till the som on said
premises and have failed to pLant.crops
and carry on said premises in a good
and husbandlike manner. and have
abandoned said premises and failed to
make necessary repairs thereon. and by
reason of such waste. neglect and fail
ure the security held by said petitioner
for the security of the payment of said
note has become greatly impaired.
WHEREFORE, said petitioner prays
that the said defendants, Mary L Will
fore and John wilfore be decreed to
pay to the Clerk of this Court for the
benefit of the said petitioner. such sums
as are now due and to become due
on said note and mortgage. together
with costs incident to this suit. by a
short day to be fixed by this Court
and that by reason of the waste and
depreciation on said premises, that the
time of redemption be made shorter
than the usual time
And in default thereof, the said
Mary l. Whore and John Wilfore and
all persons claiming by, from. or under
them be forever foreclosed of all equity
of redemption in the aforesaid prem
ises. and that said petitioner have his
writ of possession of said premises;
that said defendants be summoned to
appear and answer to said suit and for
such other and further relief as to
said Court shall seem meet.
1t appearing that said defendants
are without the State of Vermont so
that service of subpoena cannot be
made upon them, it is ordered that
they be given notice of the tendency
of this petition by publication. and
that they be notified to appear before
the Court of Chancery at Chelsea in
the County of orange aforesaid, and
/ that they shall cause their appearance
| to be entered with the Clerk of this
! Court on or before the 18th day of
August. A. d. 1922. otherwise said
petition will be taken as confessed.
| And it is further ordered that the
foregoing order be published in the
| UNITED OPINION. Newspaper pub
lished at Bradford. IN said County OF
Orange for three weeks successfveiy'
the last OF which publication shall be
at least twenty days prior to the said
18th day of August A. d. 1922.
Dated at Chelsea, in said County.
| this 3rd day of July. A. d. 1922.
WILLIAM II. SPRAGUE, Clerk.
EARTE r. DAVIS Solicitor. 42-5