Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-05-18
WINTHROP LAND TITLE.
Bill in Equity to Restrain Action OF
Covenant Broken.

\ bill in equity was filed Monday
with Clerk of Courts c. w. Jones of
the Kennebec county supreme court by
George w. Parsons of Medford, Mass.
VS.. Wilbur F.. Stevens and Harry We
Stevens of Winthrop, involving the
question of the ownership OF the right
of way betwe cen two parcels of land in
winthrop conveyed by the plaintiff to
the defendants, and praying that the
defendants be restrained from prosecu--
ting an action OF covenant brpken
against the defendan- The complain
ant says: X
On the nth day Of May 1906 the plain
tiff was possessed of and seized in fee
of two adjacent Lots and parcels of land
uron each Of which there were build
inss situated in said Winthrop.
That the first parcel contained the
whole of the homestead lot of the late
Stephen Sewall With the small portion
of the homestead lot of the late Joshua
Wing and the second parcel containing
the homestead lot of the late Joshua
Wing excepting small portion thereof
contained in the first parcel.
That prior to March IS, 1903 said de-
scrjbed parcels had for many years
been owned by different persons and a
right Of way had existed from Main
street northerly over the second parcel
herein described as appurtenant to the
first named parcel; and the plaintiff up
on information and belief AYERS that
| said right OF way has been so used as
appurtenant to the first described par
Gel uninterruptedly for so years or more
prior to the 18th day of May, 1906.
That both the plaintiff and the de-
PENDANTS, and each of them. knew at
t he time Of the conveyance of said sec
Ond parcel to said defendants by said
plaintiff that said parcel was subject
in fact to q right of way in favor Of
Maud NJ. Jones, her heirs and assigns
parcel.
That by q mistake of the Scrivener,
who drew the last named deed and con-
trary to the intention Of both said
plaintiff and said defendants and
each nf them. no mention of
said right Of way was made in
tho deed aforesaid from said plaintiff
to said defendants, and said deed pur-
ports to convey said premises in fee
simple and not subject to the incum-
brance of said right of way.
That said defendants being fully cog
infant of said mistake in the deed of
said plaintiff to them on the 18th day
of April. 1899 wilfully and contrary to
equity aud good conscience commenced
an action at law against the plaintiff
urOn the covenants of warranty in the
deed given by said plaintiff to said de-
fendarts as aforesaid, returnable to the
Supreme Judicial aiurt next to be hold
en- in Augusta within and for said
county on the third Tuesday of October
19C9f in which they claim damages for
breach OF the covenants in said deed.
and assign as said breach the fact that
said premises as conveyed to them We're
subject to the right of way hereinbefore
described
Wherefore the plaintiff prays:
First That said Wilbur F. Stevens
and Harry ". Stevens be enjoined and
restrained from prosecuting further
said suit against the plaintiff for dam
ages upon the veEants in said deed of
warranty given by said plaintiff to said
defendants as aforesaid. as%
Second. That the deed given by said
plaintiff to said defendants as afore-
said may be rectified and reformed in
accordance with the material intent OF
the parties thereof at the time said
deed was made, executed and delivered
By adding to the description thereof
the following words: also excepting
anI reserving 10 said Maud NJ. Jones,