Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1886-02-18
Who Owns Mount Desert =?
THREATENED LITIGATION THAT INVOLVES
MILLIONS OF DOLLARS.

- -''>'-s H-''.D ihAl
MILLIONS OF DOLLARS.
A Mount Desert correspondent writes the
Boston Globe that some 1000 acres of the
most valuable land on the island is likely at
no distant day to become the subject Of lit
| igatlon. Ii seems that large trac, of land.
embracing 6,l00 acres, was sold under a
quit claim deed by the heirs Of VIM. Bing-
ham to Gilmore and Brewer. co-partners, in
| 1915. In 1855 one Russell S. Clark. by a
warranty deed, conveyed thi, land he hay-
ing purchased it of Gilmore and Brewer-to
two men BY the name of Goodwin aud Sever
ance. who gave their notes, secured by
mortgage, back to Clark. who assigned 10
Andrew Hall. Goodwin and Severance
failed to meet the notes when due. Prior
and subsequent to this the mortgage h I'd
been assigned to several parties. until at
last II passed into the hands OF woman,
who fslled TO foreclose according 10 law, and
in fact there never has been a foreclosure
made or attempted, and the land stands on
the record in the name of Goodwin and Sew
erance.
On the failure of Goodwin and Severance
10 meet their hotes their creditors at once
sued and attached their logs, wood and
other personal property. and thus salts
fed the debt. waving, thereby. their
rights as mortgages TO the land. hicl land
vas scarcely worth the taxes at tha, time.
They then assigned the mortgage to the above
named woman for 81 who ten years after
ward sold the entire tract Of land for $500
and under this conveyance il is held by hun
dreds Of dit'eren, parties. The foundation
of their titles is an unforeclosed mortgage
on wild land.
For wear party of well known Bangor
and Boston gentlemen high in legal and off
cisl life have been hard at work buying up
the Goodwin heirs, and headed by Sever
anee himself. one Of the original owners. they
are prepared to make over or compromise
They have expended thousands Of dollars in
perfecting their title and in getting ready to
assert and maintain their claim. believing
they lave both the legal and equitable title
to the land Such is the opinion Of the
best lawyers IN the state. and they pro
pose soon to bring suit 10 recover posses
sion.
The value Of this property IS enormous.
embracing some OF the most desirable build
ing lots on the island and some Of the lsrg-
est and most valuable cottages are erected
on II. This land includes the whole of
Green Mountain. the ra..wa,. water works,
EAgle Lake and It's outlet. Millions Of dol
lars are involved The occupant wal
be obliged TO account for all profits and
the sale Of vast quantities of timber for thur
Is wears. The land owners at Bar Harbur
are appalled, a, the danger which threatens
them.
Under the laws of Maine no mortgage
can give the legal title to land without
foreclosure Of his mortgage. according to-
the statute. The mortgagor's right Of r.
demp,ion il never barred until such forrcIo>-
uTe. The mortgages never entered snG
took possession. but virtually abandoned
the premises for ten wears after the notes
were due and paid. No one eau clam the
I land bl adverse possession, for the reason
/ tina, all improvements that have been made
/ have been within twenty wears and ihnus-
1 ands Of acres OF i sult w.ii land. and 'hr
mere choppng Of WOOD AMI lumber d, u"l
such an improy emrnt a. 10 give tprm tide
( under law. even II earned on for an-er
/ series of Years than iScuty
/ THIS i not the scheme IL few visionary
spectators. but a baHG fic claim upon tht.
property which = 10 be pushed vigorously m
I the courts. Severance himself, nov an Old
man, and at ne tine 'n-s CAV their mot
gage thet lost heavily. and 10 fac, TIE trans
actlen Of lHr mortgage, IN .e.Einc in.t
/ log. aul mAch.l,f,. a'lrfA ruIned nsm a..
his partner. Goodwin. lie nov believes
! that ne siill has i vaii. tiur TO the land.