The Portland daily press., 1886-02-13
BAR HARgoR LAND CLAIMS.
A Possibility that Summer Residents
viii Lose All Their Land.

Mount Desert correspondent writes the Bos-
ton Globe that some 1000 acres of the most val
liable land the island is likely at no distant day
to become the subject of litigation. 1t seems that
large tract of land, embracing 6100 acres. was
sold under quit claim deed by the heirs of VIM.
Bingham to Gilmore and Brewer, co-partners, in
1845. In 1856 one Russell S. Clark, by a war
ranty deed, conveyed this land-he having pur
chased it of Gilmore and Brewer-to two men by
the name of Goodwin and Severance, who gave
their notes, secured by mortgage, back to Clark,
who assigned to Andrew Hail. Gilmore and Sew
erance failed to meet their notes when due. Prior
and subsequent to this the mortgage had been as
signed to several parties, until at last it passed in
to the hands of a woman, who failed to foreclose
according to law, and in fact there never has been
foreclosure made or attempted, and the land
stands on the record in the name of Goodwin and
Severance.
on the failure of Goodwin and Severance to
meet their notes their creditor at once sued and
attached their logs, wood and other personal
property, and thus satisfied the debt, waving,
thereby, their rights as mortgages to the land,
which land was scarcely worth the taxes at that
time. He then assigned the mortgage to the
above named woman for 81, who ten years after
wards sold the entire tract Of land for $500 and
different parties. The foundation of their titles
is an unforeelosed mortgage on wild land.
For a year party of well known Bangor and
Boston gentlemen high in legal and official life
have been hard at work buying up the Goodwin
heirs, and, headed by Severance himself, one OF
the original owners, they are prepared to make
over or compromise. They have expended thou
sands of dollars in perfecting thor title and in get
ting ready to assess and maintain their cla1m be
lieving that they have both the legal and equta-
Bile tit . to the land Such is the opinion of the
best lawyers in the State, and they propose soon
to bring suit to recover possession.
The value of this property is enormous embrac-
ing some of the most desirable building lots on the
island and some of the largest and most valuable
cottages are erected on it. This land includes the
whole of Green Mountain, the railway, water
lars are involved. The occupant will be obliged
to account for all profits and the sale of vast guam
titles of timber for so years. The land owners at
Bar Harbor are appalled, at the danger which
threatens them.
Under tbe laws of Maine no mortgage can give
the legal title to land without foreclosure of his
mortgage. according to the statute. The mort
such foreclosure. The mortgages never entered
and took possession, but virtually abandoned the
premises for ten years after the notes were due
and paid No one can claim the land by adverse
possession for the reason tnat all Improvements
that have been made have been within twenty
years, and thousands of acres of it is still wild
land, and the mere chopping of wood and lumber
title under the law, even if carried on for longer
series of years than twenty.
This is not the scheme OF a few visionary Specu-
lators but bona fde claim upon this property,
which is to be pushed vigorously in the courts.
Severance himself is now an old man, and at the
time they gave their mortgage they lost heavily,
and in fact the transaction of the mortgagee, in
seizing their logs and machinery, utterly ruined
him and his partner, Goodwin. He now believes
that he still has a valid title to the land.