The Portland daily press., 1895-03-04


ment of said estate and the payment of
its debts under the terms OF said assign
ment, would cause forced sale of the
assets, which in the then depressed state
of business would result in large loss
and probable extinction of the entire
equity therein to him the said Edmund
and MS family, and that to avoid such
loss and save the real value of such
equity it was desired and had been deter
mined to convert into cash such portion
of the assets as could be done without
special loss, and apply the proceeds
thereof to the payment of such debt, and
to provide for the payment of the bal
lance thereof by securing loan not ex-
ceeding in amount $50, 900 upon five year
time, securing the same by mortgage
of said real estate situated within said
town of Freeport, and from the other
undisposed of property and the income
of such mortgaged property eventually
repay said loan. and SO save all such
mortgaged property to the said Edmund
and his family; and it was also repre-
sented to her that to secure such loan
upon reasonable and the best terms it
would oe necessary for her to release her
inchoate right of dover in the mortgage
of said real estate made to secure such
loan, and that such loan would be even
tually paid" etc., SO that her dover
therein would be preserved to her and
remain the same rs though said mortgage
was not given" "That the said Edmund
for the purpose of securing her release
of her dover in such mortgage and of
fraudulenrly depriving her of all right
of dover in the real estate named there
in promised her that if she would assign
such mortgage releasing her dover
therein to the extent of such mortgage
he would Immediately after its due ex-
ecution return to and live with her as
her husband as they had done before
his desertion Of her as aforesaid. "And
she AYERS that she has always been will
ing and desirous since his said desertion
to live with the said Edmund as his
wife and has many times asked him to
return and live with her as before such
desertion. and hoping and believing that
his adversely had caused change in his
feelings towards her, and that such re-
turn would result in great good and hap
piness to herself and her said children AS
well as to him, listened to his said prom
Use, and relying upon the said representa-
lions as to the effect of her release of
dover iu said mortgage, and upon his
said promise to return and live with
her consented to release her dover in such
mortgage as aforesaid"
The bill in equity next goes on to ex-
plain how mortgage was prepared on
Freeport property costing more than $780,
600, to Messrs. Symonds and Cook as
trustees for the holders of the bonds (bv
which the $4,000 were raised,) and how
she consented 20 sign this mortgage. But
when she had signed the mortgage she
found that there was in it a certain
Clanse Eleven which she had not been
aware of. She alleges that she received
for singing this document no considera-
tion of any kind except the promise that
he would return to live with her. But
after the execution of the mortgage he
still refused to return to live with he
although she requested him to do SO;
and Mrs. Nal lett now alleges that she
believes he had no intention of keeping
the promise and that he made it "for
procuring her signature to said mort
gage.n The "Clause Eleventh" which
Mrs. Mallet alleges Ler husband had in
serted for wrongful purpose in order to
defraud her, gives to the trustees under
the mortgage and their successors the alb
solute right to "sell any and all of said
mortgaged property in any manner they
might see fit, for any price, and to hold
and invest the proceeds, without the re-
quest of any bondholder or other party
in interest therein, and even against their
judgment or objection, to whollyschaLg Sc
the large amount of real estate in which
your oratrix has right of dover into
personal property in which she might
have no right or interest," whatever;
which said clause she alleges was unus-
ual, not necessary to or inserted for tn
safety of the bondholders" and was in
serted for the sole purpose of depriving,
her of all her rights in said real estate
and for the exclusive benefit OF said Ed
mund.
Mrs. Mallet alleges that when the mort
gage, which was a long document, was
presented to her by her husband it was
alleged that parties were waiting and
that it was desirable to have the docu-
ment signed quickly. Therefore she did
it without knowing about clause Elev-
enth,- Mrs. Mallet therefore asks the
court to correct and reform the mortgage
deed in such ways as will preserve her
rights,
1t is understood that attachments have
been made on property at Freeport in
behalf of Mrs. Mallet by her attorneys
Judge Symonds, one of the assignees
for the Hon. E. B. MalIet. Jr., was seen
last evening. He said he had mot seen
the papers in the suit of Mrs. Mallet
against her husband. He said that the
asked for information Of the mortgage
would not put Mrs. Mallet in any better