The Somerset reporter., 1904-10-06
STATE OF MAINE.

Il
Sitting in Equity.
To the Supreme Judicial Court of Maine
sitting in Equity, within and for the County
Of Somerset.
J. Manchester Haynes Of Augusta, Kenne-
bee County. Maine, brings this Bill in Equity
against the Heirs of one Daniel F. Emery,
formerly of Portland, Cumberland County,
Maine, and long since deceased. the several
names and residences of said heirs being un-
known to your petitioner.
And thereupon the plaintiff complains and
says;
/. That on or about the 10th day of Octo-
Der, 1895, the Sandy Bay Pier Company,
corporation duly established under the laws
of Massachusetts, was the owner in fee SIM
pie of certain tract of land situated in said
Somerset County, being the whole of Town.
ship s, Range 3, North of Bingham's Kenne.
bee Purchase, and containing twenty-three
thousand and forty (73o4o) acres, more or
less; that on said day, through its directors
thereto duly aut horned, it conveyed to one
Daniel F. Emery of said Portland one undi.
vided hall part of all said Town, reserying
and excepting from said conveyance three
lots of gao acres each for public uses as spec-
fed in deed given by the Commonwealth
Of Massachusetts to said Sandy Bay Pier
Company, and also reserving lots numbered
4 and in the nth Range, S in the 18th
Range, and in the 18th Range, in the
10Th Range, in the grid Range, in the 4th
Range of lots, containing loo acres each
that on the same day said Emery, by his
deed of mortgage duly executed and deliver
ed and recorded in the Somerset Registry Of
Deeds, Book 40. p. 328, mortgaged the same
premises to the directors of said Company
and for the benefit of said Company. the
conditions of said mortgage being as follows:
provided. nevertheless, that If the said
Emery, or his heirs, executors, or admins
traitors, shall pay over to the said directors or
their successors the sum of $780, in manner
following, viz: three notes being date June
| 10th in the year of our Lord 1885, the said
notes of equal amounts and payable annually
with interest at the rate Of per cent, then
this deed as also three notes bearing date
June 10, 1885, signed by said Emery. where
by he promised to pay said directors the said
sum of $3.50. and interest at the time afore-
said shall be absolutely void to all intents
and purposes"
4. That thereafterwards, on or about the
10th day of March, 1871, said mortgage being
still unpaid, undischarged and in full force,
said Sandy Bay Pier Company assigned and
conveyed all its interest in said mortgage and
in said Sandy Bay Town to one Asa Redding-
ton Reed, by deed duly executed, delivered
and recorded, and there afterwards, on or
about the 10th day Of September, 1882. said
mortgage and the notes thereby secured
were duly conveyed, assigned and delivered
| to the plaintiff by deed recorded in the SOM
erset Registry of Deeds, Book ITO. p. 236,
and the plaintiff still holds full title thereto
and has held possession Of the premises
hereunder since that date.
3. The plaintiff further AYERS that said
mortgage and the notes thereby secured are
still unpaid and the same are long since over
due, and the conditions of said mortgage
have been wholly broken, and that this Bill
in Equity is now brought for the purpose of
foreclosing said mortgage.
q. The plaintiff further AYERS that he is in
formed and believes that said Daniel f Emery
mortgagor aforesaid, long since deceased, hay-
ing taken no steps in his lifetime to redeem
said mortgage. and that the names of his
heirs, if any there be, and their residences,
are unknown to the plaintiff, so that he cal.
not make them parties to this bill by name.
Wherefore, the plaintiff prays;
l. That the Court will order such notice
as may be proper to the heirs of said Emery
and to all persons interested, that they may
come in and answer this bill if they so desire,
and show cause, if any they have, why the
plaintiffs mortgage aforesaid should not be
foreclosed as provided for, and that they shall
abide and perform such orders and DEGREES IN
the premises as the Court may make.
2. That said heirs and parties interested,
if any there be. may answer the several ale
cations of this bill truly and directly, but not
under oath; answers under oath hereby being
expressly waived
). That due foreclosure may be had Of the
mortgage aforesaid, and that proper decree
therefor may be had in accordance with tie
terms of said mortgage.
4. That the plaintiff may have such ether
and further relief in the premises as equity
requires, and to your Honors may seem meet.
Dated at Augusta, this 18th day of Septem-
Der, a. ID. 1904.
]. MANCHESTER HAYNES
by Orville d. Baker
his Solicitor,
Orvillc d. Baker