The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-12-22
CHARGED WITH FRAUD.
Nary T. Colburn's Allegations Against
George F. Haines.

Ii is All About the Title to 151 High
street-she Say Haines Misrepresentet
Himself to Her.
Yesterday morning there was hearing
before Judge Haskell of the Supreme
court, in chambers. The hearing was or
bill In equity brought by Mary F.
Colburn Of Boston, against Geo. A.
Haines of Brookline, Mass, and Geo. F.
Noyes of Portland, trustee under the will
Of the late Francis P. Haines of Port.
| land.
The plaintiff alleges that Goo. A.
Haines was upon August Is. 1891, the
owner of brick house and Lot at Isl
High street, Portland; that on that date
| the said Haines conveyed to her his en-
tire title in said real estate, by deed
July made aud acknowledged and re-
corded, in consequence Of the fact that he
had obtained from the plaintiff on April
| l. 1894, certain securities and bonds and
other personal property to the value of
ss4, 600. The plaintiff says she conveyed
the said property to Haines on his
promise to return Ii to her with the
profits derived from it's temporary use.
The plaintiff alleges that instead Of re-
turning the property and the profits from
it's use, Haines. as the plaintiff believes,
fraudulentIy converted said securities
and bonds to his own use and made re-
peated statements to plaintiff that he was
using the property for her benefit. The
plaintiff says that when she found
Haines WAS making false statements to
her, she conferred with and accused him
Of wrungfully using the property. There
upon he thereafter repaid her for part
OF the property, the sum of SIS, 900 and in
addition turned over to her certain bonds
and property which he represented as his
own and that he executed and delivered
to her a deed 10 the real estate described
above but still leaves himself indebted on
account Of said transactions in the sum
of 1000. When Haines delivered the
deed to the real estate he represented
himself as the sole owner Of it.
The plaintiff says that Haipes did not
have full legal title to said real estate
but the real estate had descended to him
from his mother, Frances p. Haines, who
devised the equitable fee simple in said
property TO said Haines and left the legal
ii tie in it to William P. Blake to hold
the same as trustee for the benefit Of the
said George A. Haines. 1t is alleged
that William P. Blake declined to be
trustee and John II. A. Merrill was ap-
pointed in bis place by the Probate court.
He has since resigned his trust. and Geo.
T. Nuyes was appoiEt ted to succeed him.
Ehe plaintiff has leased the real estate
above mentioned to Alvin u. Swestsir,
and the said Noyes has brought action
against the said Sw eetsir, claiming pos
session of the real estate.
The plaintiff claims that by the above
deed of Haines she became possessed of
the equitable fee simple Of the real estate,
and That said Moves now holds the legal
title in premises for her benefit, and shat
the legal title should be conveyed to her
by the trustee. She asks the court to
direct that the legal as well as the
equi table titis be conveyed to her and
that said names shall be restrained from
setting up any title to the property.
The hearing before Judge Haskell was
on motion by the defendants to strike
ont those portions of the bill charging
Haines with fraud ON the ground that
they are impairment and scandalous.
Judge Haskell heard the arguments but
made no ruling, giving she defendants
an opportunity to oite decision in their
favor.
Clarence Hale, ESQ, appeared for the
plaintiff and John b. "A. Merrill, ESQ.,.
and George E. Noyes pro Sc, for the de
tendantg.