Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-05-25
BILL IN EQUITY.
Filed in Supreme Court-Gardine
Parties Named as Defendants.


bee county supreme court by Rachel E
Oliver of Richmond through her attor-
ney, George W. Heselton of Gardiner
A hearing is ordered for the first Tues
day in July upon the bill. which alleges
THAT Della N. Wiles gave purchase
money received from the sale of real
estate into the hands and keeping OF
Z. DeForest Wiles to use for the pay
ment of debts in connection with a flor
lists business and that the said u. De-
Forest Wiles is equitable trustee of the
property Of Della N. Wiles and that
the same cannot De come at to be at
tachcd on a writ or taken on execution
IN q suit of law.
The bill also reciteS:
That on the 10Th day of April 1907 the
said Della N. Niles was indebted to the
SAID Rachel F. Oliver in large sum
of money. which sum of money was
merged intora Judgment debt at the
March term 1909 Of the supreme judi
cial court in kcnnebec county and eX-
ccution thereon was issued on the 18th
day of March in the sum of $590.46, and
S26 63, costs of suit, and Is cents more
for execution.
That on said judgment debt the said
Della n. Wiles was cited before w. II.
Fisher, disclosure commissioner, in
and for the county of kennebec, to
make full and true disclosure of all
her business and property affairs but
failed 10 obtain the benefit of the oath
provided in Chapter ia, Section % of
the Revised Statutes of Maine, and a
Judgment was received by the said RAJ
chel Z. oliver for costs and fees of said
disclosure proceedings against said Del
la n. Wiles in the sum of $l133.
That Il levying was made on the 18th
day Of April 1909 under said execution
upon a certain building, which the
plaintiff believed belonged to the said
Della n. Wiles and the net sum ol
26927 was received at the sheriff's sale
to be applied tc said judgment, debt
and costs.
That $l4.4a was received by the plain
tiff from the trustee in thee original
suit of the plaintiff against the defer
dant and duly applied Mar. "a, 1909 tC
the said Judgment debt
That the said Della N. Wiles and hel
husband, Y. DeFOrest Wiles on the 10th
day of April 1907, and for 4 long time
prior thereto, and from that date to
the date of this bill have conducted 8
florists business in said Gardiner.
That the said Della n. Wies on the
l0ta day of April 1907, made a deposit
of $3.50 in the Maine Trust & Banking
co. in said Gardiner, and between that
date and the 18th day of January 1905
deposited money on said account in
said Trust Co, to the amount of $1459.-
"a, and between April 20, 1907 and jan
uary Is, 1908 checked out from said de-
posts, $1444.S5 in various sums.
That said first deposit of $3.50 on said
bank account was part of the money
received by said Della n. Wiles of the
said Rachel r. Oliver, and the remain
der of said deposits We're sums OF
money received from the florist bust
ness conducted by the said q. DeForest
Wiles and Della y. Wiles.
That the difference between said de-
posts and payments or $14.49, was the
amount paid over to the plaintiff by
the said Main Trust & Banking Co, as
trustee of the defendant in the said
suit before referred to. and applied on
said execution held by the plaintiff
against the defendant.
That on May 81, 1907 the said Della
N. Wiles became owner in fee of GER
tain real estate situated in Augusta
That the said Della N. Wiles on Dec
26, 1908, sold the said land in Augusta
to one Hubert J. Cross and received
therefor, as your complainant is in
formed and believes.
The ulaintiff DraYS.
That each of the defendants make
full and true and perfect answer to all
the matters hercinbefore stated and
charged. and specially answer the fol-
lowing interrogatores:
First state fully the application
made of the purchase money received
by YOU from Hubert j. Cross for the
sale of land located in Augusta.
Second How and for what were the
debts incurred, which were paid by any
part of this purchase money received
by Hubert j. Cross.
That an account may be ordered anG
taken of all tie financial transactions
II the defendants between themselves
received by said defendants, as herein
| dHeScl, stII tiidt tIlt Sttlu Der ores
Wiies be declared to be trustee for the
said Della N. Wiles. and responsible fol
ali sans so named.
That to satisfy the Judgment debt
which the plaintiff has against sale
Della n. Wlles as hereinbefore SCI
forth. the said plaintiff may take or
execution and sell the right, title ant
interest of the said T. DeForest Vile:
in and to any real estate or persona
property not exempt from attachment
in the same manner as real estate anC
personal property attachable~is takeI
and sold on execution and with tn,
same right of redemption in said deb
tor over such SALE such seizure ant
sale to pass to the purchaser. the right
title, and interest that the said Y. De
Forest Wiles has in such real estate
subject to the right of redemption.
That to save multiplicity of suits ant
circuity of actions the rights of the
plaintiff may be here declared i'm regard