Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1907-07-31
p.KrR,s ISLAND TITLES.
government Disputes Ownership Of
the Residents.

IN Bakers island, are squatters Vt iekai
nsrs of the land they have been occu-
o.,ng for wears, will probably be settled
r r the September term Of the United
s,.tes Circuit court in Portland. The
sovernment, which purchased the island
- ,sos and erected lighthouse on 1t. has
h,ousht writ OF entry, which is virtually
an action to try the title.
As Bakers island is in the town OF
cranberry Isles, and the town owned a
,,,t,e schoolhouse on the island, the clerk
:, the town was served with the writ, and
each of the thirteen inhabitants OF the
island were also served. Some OF the fam
;,,es have been there all their lives, and
came into possession Of the property
through inheritance. The first settler was
named GiIiey, who according to claim
that was made fifty years ago, went there
shortly after 1900, and his descendants
have been there ever since.
The government bought the island from
Alexander and Henry Barring, Of London,
In ISIS, who gave the government q
x,rrantee deed guaranteeing that they
claims the entire island under this deed.
Gilley and other residents assert that
when the Barring brothers sold the land to
the government, that their ancestors had
already obtained title by adverse
possession. and that the title to the whole
island did not pass to the government.
There can be no adverse possession Is
against the government, so to maintain
their Claim to the island the residents
must show that one Of their ancestors
lived on the island at least twenty years
prior to its being decided to the govern
ment in ISIS.
This would seem to be a difficult thing
to do. but in 1855 the government
brought writ OF entry against Joseph
Giiley to determine the same facts that
the present suit has been brought, but the
case was never pushed to completion. In
stead an agreement Is said to have been
entered into whereby Gilley acknowledged
that the government had right to five
acres around the lighthouse, and rights to
roads and pasturage over the other portion
OF the island. The government at this
time agreed no; to disturb Gilley in his
possession Of the remainder Of the island
II such an agreement was made, 1t is not
part of the record, but II 1t was made
and can be proved it will undoubtedly
give the residents title to all the island
except that used by the lighthouse. The
government, however, which in this case
is the lighthouse board, will claim that
the agreement, IL there was such an
agreement, did not waive the governments
claim to the entire island, but was simply
a temporary arrangement to bridge over
the difficulty.
Bakers island is an island OF 40 acres.
The few residents have been engaged in
the fishing business for years, Their
cottages are pretty and neat, and the
grounds for the most part well kept.
Each cottage has little garden, and the
people have lived in peace and happiness.
The present action is the outgrowth of
almost constant trouble with the light
keeper over the occupation Of the land
and the rights OF the keeper to pasturage.
This trouble first came to the attention OF
the courts in 1855, but it has been called
to the attention of the United States dis
triet attorneys several times since then.
When the matter was in court in 1855,
Gen. Samuel Fessenden and Hon. Thomas
A. Dubois, two OF the greatest lawyers in
Portland and New England at the time,
defended Joseph Gilley, and the agree
ment previouly spoken OF was the result
In the absence OF this written agreement,
and no printed record of it, q great deal of
the testimony will have to be Of memory
OF the oldest inhabitants in relation to
such contract and whether any OF its
terms were ever actually carried out.
The real point at issue is whether the
hrst Gilley had obtained adverse posses
sion by twenty years residence prior to the
Islands being decided to the United States.
II he had, and it can be shown, then the
residents have a clear title, but il he had
not lived on the island twenty years prior
10 Its being decided, then those people
VINO were born and grew gray there have
no title in the land they occupy, and can
De ousted by the government. They will
make hard fight for their homes, and if
the decision is against the residents, the
case viii be fought to the highest courts.
~ is the opinion among lawyers, though,
that the suit will result in making the
record title of all parties clear, and that
sutneient proof OF the agreement OF 1855
~ili be forthcoming to reafiirm it.
There is in the possession OF the govern
neht the original deed conveying the
isiand to the government for 500. 1t was
signed at Calais in 1928, and the grantors
were Alexander and Henry Barring, of
London, probably of the famous Barring
prothers, bankers, and John Richardson,
" Boston, Joseph r. Ingersoll and
william Miller, Of Philadelphia, who were
ueVisees under the will of William Bing-
nam The deed was given to Isaac Ills
isy' OF Portland, who was then superin-
'enaent OF the lighthouses of the district
Of Maine.
Inc owners of property on the island
VINO are parties to he suit are. William