Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-07-24
File Answer in Coburn ct
ais. vs.. Page OF ais.
Denies Alleged Fraud and
Charges Bad Faith on Other Side.


| or CODurn ct ais in equity VS.. Page ct
al. was filed with the clerk Of court,
Saturday. This suit has aroused con-
siderable interest generally from the
fact that II involves several persons
of prominence in the State, also among
iumbermen since the contest Is over
4 large and valuable piece of timber
land, and locally because this tract Of
land is situated in Somerset county.
The action is a bill in equity, the con-
| tents of which have already appeared
in full in the Journal. 1t will be re-
membered that the compliments are
the COburn heirs and other prominent
| lumbermen incidentally interested. and
the defendants are Edward P. Page and
his wife, Lizzie M. Page.
1t alleges that the compliments and
the defendant Edward p. Page are
owners as tenants in common Of some
| 11.600 acres of land; and that there
was an understanding that certain
equities, constituting an adverse out
standing title, were to be brought in
| for the benefit OF the common title
but that Mr. Page secretly and fraudu-
lently purchased these equities and had
them conveyed to his wife to be held
| adverse to complainants' title, and
| asks relief of the equity court.
The defendants answer is concise
and directly to the point. it fairly
bristles with fire. 1t not only denies
the plaintiffs allegation of fraud. but
sets up bad faith on the part of the
plaintiffs their agent. and attorneys.
The gist of the defendants answer
is to be found in the fourth paragraph,
| which Is as follows: He claims, on
the contrary, and alleges and charges
| the truth to be. that all that he, said
defendant. has done in the premises
and in regard to the said Devereaux
| title, has been done honestly and in
good faith to preserve his rights and
protect his interests in said real estate
mentioned in plaintiffs said bill. That
It was necessary for him to do all that
| he has done in order to protect his said
| rights and interests. therein, and to
prevent the said plaintiffs. or some of
| them, or their agent and attorneys.
| from utterly depriving him of his said
title and interests in a portion Of his
| undivided rights and interests i'm said
real estate.
That the said plaintiffs and their
agent and attorneys did not use toward
said defendant good faith in relation
10 said real estate and the said Dever-
| eauX alleged title. but. on the contrary,
| before the nineteenth day of February,
| "A. d. 1902, and at that time secretly
| and fraudulently and without the
| knowledge of the defendant as such
co-tenant. endcavored to obtain from
the persons holding the said George II.
OevcreauN title. IA deed running to the
agent of said plaintiffs, or some of
them to be held either for the benefit
Of said agent, or of the plaintiffs, or
some of them. or of the said agent and
attorneys: and defendant AYERS that
his was attempted and purposed to he
done in fraud of the rights of the de-
PENDANT and for the purpose of injuring
the common title and to obtain secret
advantage over said defendant and to
set up an adverse title to that of the
said defendant. He further alleges
that it was upon and after the receipt
of information of such design and on
that account. that said defendant OBJ
tanned the said conveyance to said Liz
zie NJ. Tage.
That said defendant, before such
conveyance, and then and there had
good reasons to be apprehensive of
such attempt for it was within his
knowledge. at that time. that a previ-
Gus like attempt had been made by the
same parties. in the same manner, as to
other real estate. and as to other par
ties at the time claiming rights to such
last named real estate as tenants in
common with said plaintiffs, or some
of them, which attempt was claimed
by such parties who made the same.
10 have been fully successful in de-
priving said other tenants in common
of all their rights and interests in such
last named real estate, the title to
outstanding record titles Of the same
having been taken by the agent and
attorneys of the plaintiffs or some of
them, in the names of said agent and
attorneys either for themselves or for
said plaintiffs, or some of them, in the
same manner as defendant learned was
to be done relative to the real estate
in which he held an interest as above
set forth.
That it was wholly in consequence
of his knowledge of such other and
last named transaction. and his infor-
nation that Il like attempt was being
made to dc prive him Of his said rights
anu iuleTeStS III Sdlu llrSt ndII1eu real
estate, and his apprehensions as to the
same. as before stated, that the said
defendant procured cOnveyances to be
made from three of the five equal own
ers of the said Devereaux title to the
said Lizzie NJ. Page
This reference to the other transac-
ton is understood to be I'm regard to
same land owned by the Hill heirs and
the Coburn heirs there being an out
standing adverse claim which was
necessary to perfect the title. This
adverse claim was finally located by
the Hill heirs in the lands Of s. w.
Philbrick and A. K. Butler. respectively
the agent and attorney for the Coburn
heirs, and a suit is now pending in re-
gard to it.
Whatever the merits of the case. It is
evident that some of the big lumber
men and numbering interests of Maine
are at loggerheads. The case has
Il t. LII IL