The Somerset reporter., 1906-10-11
Somerset IS.
Supplemental Bill.

from whom said defendants IN SAID original
bill derived their title as heirs and devisees,
and upon said defendants as such heirs and
devisees, by reason thereof, as fully appears
in said bill, and for an accounting on the
part Of said defendants in said original bill,
TO the plaintiffs, of the amount due to the
plaintiffs from said defendants relative to
said real estate and for payment of the same
to the plaintiffs.
2. Afterward, to wit, on the thirty.hrst
day OF January A. d. 1906, said bill was
duly amended, as by the records in said court
appears, and said Charles A. Marston having
deceased, said Roy L. Marston, Sarah S
Marston. Lola E. Blunt, Mary 6. Marston,
Col urn S. Marston and Claire K. Marston
were made parties thereto in place Of said
Charles A. Marston, they being his heirs and
devisees.
3.-On June IS A. D. 1906 the said de-
PENDANTS in said original bill duly filed their
answer to said amended BILL and on July 9, A.
D. 1906 replication to said answer was duly
filed in said court by the plaintiffs.
A portion of the title to said real es-
tate, decree for the conveyance of which by
said Louise II. Coburn and others, the de-
PENDANTS in said original bill, to said plain
tfs, is prayed for in said bill and amendment
thereof, is alleged in said bill and amend
ment thereof, to be embraced and included
and conveyed by.an unrecorded deed running
to said Abner Coburn and Philander Coburn,
from and through whom the said defendants
in the original bill and amendment thereof,
derive their title, and whose agreement and
duty and trust with and relating 10 said
plaintiffs, Of and concerning said real estate,
are the subjects of plaintiffs claim in said
bill and amendment thereof
Said last-named deed has never been
recorded.
! 6.-Said defendants, Samuel w Philbrick
and Amos X. Butler were at the time Of the
thing of said original bill, and long before
that time, and now are, respectively. the
agent and attorney CT the defendants in said
original bill.
Said Philbrick and Butler, by reason
of their being, respectively, the agent and
attorney Of said defendants in said original
! BILL had, in their said capacity, an opportun.
| ity to learn and did learn, OF the condition
of said title to such real estate the subject
of the claim in said original bill, and of the
fact of said unrecorded deed and in whom
the title to the same appeared by the record
to stand with said unrecorded deed not duly
recorded, and, in the absence Of such deed
and by its suppression, who held the title
thereto, and that the title covered by, and
embraced and included in, said unrecorded
deed, might be procured Of other parties and
could thus be obtained and perfected other
wise than by placing said unrecorded deed
upon record.
/ 8.-Subsequent to the filing Of sail origi
nal bill, said Phlbriek and Butler placed en-
/ file in the Office Of the register Of deeds Of
said Somerset county. and caused + ue re-
corded, certain deeds from the heirs OF Ger
/ tam persons, and their grantees, who held
/ the title 10 the real estate in controversy
/ prior to lis ownership BY SAID Ahuer aHa
! Phllander Cobnrn, which 3eeis conveyed IL
/ them, said Phllbrick and Butler, TIE title =
/ SAL real estate and the portion .Aefeo. COW
! cred by ana embraced AM included IN 81
unreeorded deed AMI the same were al
obtained while SAL Phil5rlA ana Natleg
/ were, respectively, ne agent and attorney Il
said defendants i'm SAL orig,na. iii. all hut
enc II SAL deeds being ma e Sassl 9uea, t.
+ the hling Of said ousma. b.a, am plaintiffs
were III utf5r ignorance Of tie nvevaaze
which was made paor to tie filing Of tae.r
said original bill.
j o.-Said eenreyances were ina 3 t. SAL
! Pbl.brck and Butler is follows, = Wit
William W. Eastman ami others conveyed Il
SAID PbilbJick by 4uit-cIajm deed the Sauta
half Of SAID Township Number !, Range ),
1 West Of the hennebec kver III bingham :
Kennebee Purchase, The same being dated
i October IS, y. D. 1901 AMI ackn7Nle Ied
May 3, 1902 bu; not recorded until October
i 20, 1905.
George W. Cover conveEe .u Ike man
ner, to said Philbrlck enc undivided foasth
part OF said Township Number j. Range ;,
embracing ten thousand and three hundred
+ acres by deed dated August 3 1905 and re
corded the same dan
/ James a. Williams conveyed to said Ph.l-
brick, in like manner, three undivided ioarth
parts OF said Township by deed dated Angus;
/ IS, 1908 and recorded on August 10, 1908.
Thereupon said fhi.hrick conveyed 10 sad
! Butler, by two deeds, one dated July 10, 1902
and the other dated September /, 1905, hut
/ both recorded on October 20, 1908, one UNI
divided halt OF the title he, said Phllhrick,
had received by the above conveyances.
/ Io-Since that time said Phlibrick and
Butler have received various large sums Of
money for timber and trees and stumpage cut