Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1891-01-29
For the Ellsworth Americana
A Remarkable Reference Case.

A most astonishing decision was recent
ly rendered in a reference case whereby a
valuable property was taken from the
rightful owner, on the most flimsy pretext
and given to a man who had no shadow of
right to found a claim upon. l think
when such iniquitous things are done even
under the guise of the law, the interest of
good morals and the welfare of the com
munity demand that the facts should be
made public and the delinquent parties
held up to the merclless contempt of every
one 1t is usual when a question arises
between parties in regard to matters where
the rights of each are IN doubt and they
are unable of themselves to come to an
agreement for each to select friend who
in turn elects third, all supposed to be
good and true men who will do their best
as referees to settle the points in dispute
| fairly and justly. but when man sets up
a preposterous and absurd claim to an
| others property. against all right, reason
| or justice, as in this case, the man against
whom the false claim is made is very I'M
wise to consent to a reference. Let the
man who makes the claim take it into court
| II be dares to and can get a lawyer mean
enough to do his dirty work for him, the
respondent need have no fears any of our
| Judges would see that he has his ri ghts
sustained.
The facts in this case are as follows: Mr..
II. of Sullivan over 60 years ago purchased
/ of J. B. of the same place, a granite
quarry, wharf and roadway between the
two. for which he paid fair and salts
factory price. and received a warranty
deed of the same. Mr. II. himself and
through leases to others continued to
operate the quarry during his lifetime.
He made no will before his death, and the
property came into the possession of his
heirs, six children, one of whom was the
wife of Mr.. S. also of Sullivan, who acted
for the heirs few years. when they all
Joined in a conveyance of the property to
him, making him the sole owner Then
after more than 60 years of quiet and I'M
questioned possession by Mr.. II. aud his
! heirs, one J. ID B., son of j. b, the orlgi-
MAJ owner, built a fence across the quarry
road which Of course Mr.. S. removed
when he came TO it with his team; there
upon J. u. B. commenced a suit for tres
pas against Mr. 5. On inquiry of j. d.
B on what grounds he based suit for
trespass. was told that he claimed to own
the property on the strength Of a promise
made by Mr. II. to his J. ID. B's father,
VIZ, Thst he, Mr.. H., would give him
y. II. this property. that is, he would
make him present Of it, without com
pensation or consideration. Now Mr.. H.
having been deal 81 wears. of course this
munifcent offer of his must have been
made before that time Isn't it remark
able if such a promise had ever been made
| and J. d. b. had considered it OF any I'M
portance. that he had allowed it To rest 50
long and had never mentioned it to any one
or made any claim on Mr.. H. or his heir,
but the story of this promised gift was
never heard Of before during all these years
Neither of Mr. h. children or friends
ever heard him say that he had auv inten-
! tons of making this present to ]. T.
Mr. II. was under no possible obligation to
him any more than to any other man IN
town. He had paid Mr.. b. what was then
considered very liberal price for the
! property, and Mr.. b. was always apparent
ly content and satisfied. At least no one
ever heard him say to the contrary during
his fa I'm, I no n, -, ,f,
in court and had declared his intention Of
lighting il to the end He would leave i,
TO referees. Mr.. S. being an Old man ana
dreading law suit consented TO reference
supposing a. any one would, that no man
Of common intelligence and judgment
could be found in Hancock County that
would give the least weight to such an
/ improbable and musty claim. and set aside
perfect title by warranty deed and over
! GO years quiet possession but incredible a.
il may seem, and hard to believe the
worthy referees agreed upon. one man
from Franklin, one from Hancock and the
other OF sullivan, decided that this trump
ed up story Of J. ID. b.. without a single
"-A"'E' W P"i 'lNlc " '"li""oiaLi'e
evidence, was sufficient grounds for taking
this valuable property from Mr s. and
giving it to another. who had no possible
claim or right to it whatever
In justice to the sullivan referee it can
be said, he protested against the injustice
of the decision of the other two, but sup
posed he was obliged to sign what the
majority dictated.
This is plain and truthful statement of
the facts in the case, and cannot see any
excuse or palliation for this great wrong
done by J. ID. B. and these referees to an
old and highly respected citizen of Suli-
van. Oh
The paonla's p,eo-oor,o,. . e