Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-29

twenty years after the expiration of the time
nnled IN the mortgage for the full perfor.
n,ancc OF the conditions thereof; he or they, or
my person having a freehold estate, vested or
contingent In possession, reversion or re-
mainder, in the land originally subject to the
lnoItslge or in any undivided or any aliqnot
part thereof, or any interest therein which
may eventually become Il freehold estate. or
any person who has conveyed such IaDd or
any such interest therein with covenants OF
title or warranty, may apply to the supreme
judicial court BY petition, setting forth the
facts, and asking for a decree as hereinafter
provided; and If after notice to all persons
evidence is offered of any payment within said
twenty years or OF any other act within said
time, in recognition of its existence ;ls 1; valid
mortgage, the cour: upon hearing may enter Il
decree setting forth sncl facts and its .intl-
ings in relation thereto, which decree shat,
within thirty days be recorded in the nrone,.
registry OF deeds and thereafter no action at
la" or proceeding in equity shall be brought
by any person 10 enforce title under said
mortgage.
SECT. :. Any two or more persons owning
IN seyerailty different portions or different
interests of the character above described. in
the whole or in different portions thereof, NAV
JON in one petition. Two or more defects
al isiDg under Inherent mortgages affecting one
parcel OF land mity be set forth in the same
petition; and in case of contest the court
snail make such order for separate issues as
may be proper.
SECT 3. When the mortgagor of such an
,ndischarged mortgage and those having his
estate Ill The premises have been in -uDinter
fupled possession of such real estate for twen-
W Years from the date thereof, and it shall
appear That such mortgage was not given to
secure the payment OF a sum of money or a
debt, but to secure the mortgage against some
contingent liability assumed or undertaken by
MIN, and that such conditional liability has
ceased to exist and that the interests of no per-
son viii be prejudiced by the discharge of
such mortgage, the mortgagor or those having
MS estate in the premises, or any OF the per-
sons to whom a similar remedy Is granted in
section one of this act may apply to the SUI
preine judicial court by petition setting forth
the facts and asking for decree as herein
after provided; and ii after notice to all per-
sons interested as provided in section four,
and upon hearing it shall appear that the
liability on account OF which such mortgage
WAS given has ceased to exist and that such
mortgage ought to be discharged, the court
may enter decree setting forth the facts
proved and its findings in relation thereto,
which decree shall within thirty days be re-
corded in the proper registry of deeds and
thereafter no action or proceeding in equity
shall be brought to enforce title under said
mortgage.
SECT. 4. When it is alleged under oath in
the petition that the mortgages or persons
claiming under them are unknown or that their
names are unknown, they may be described
some person or persons named in the petition.
Personal service by copy of the petition and
order of notice shall be made upon all such re-
spondents residing in the state fourteen days
before the return day; and upon all such re-
spondents residing out of the state, service
1say be made by personal service of copy of
the petition and order of notice; by publica-
ton for such length of time, in such news
papers or by posting in such public places as
the cour; may direct; or in any or all OF these
ways ut the discretion of the court.
SECT. Upon the service of such notice in
accordance with the order of the court, the
court shall have jurisdiction Of all persons
made respondents in the manner above pro-
vided, ami shall upon due hearing make such
decree upon the petition and as to costs as it
shall deem proper.
SECT. The decree Of the court, determin-
ing the validity, nature or extent of any such
incumbrance shall be effectual to bar all the
respondents from any claim Hereunder con-
trary to such determination, and such decree
so barring said respondents shall have the
same force and effect as a release OF such
claims, executed by the respondents in due
form of law. The court may, in its discretion,
appoint agents or guardians, al Item, to re-
present minors OF other respondents.
[Approved March I'D