Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-02-10
RuRNHAM-LAND CASE.
Equity Hearing Involving Real Estate
Transfer Before Judge Whitehouse.

An equity hearing involving the
transfer of real estate in BufnhaIii
village was held before Judge Whlte-
house Wednesday forenoon Although
the value of the strip in contehtloH'
according to testimony offered, was not
over 800 the matter was nevertheless
stubborrly contested on both sldes.
The bill in cquity was brought py Har-
ry H Rich of Newport, formerly u
Naterville against F. a. McAii's'ei
and His wife Minnie +. McAHlster u
Burnhan, and asks that McAliistei
NAV be ordered to convey 10 the pialh
tiff by warranty deed part OF the reai
estate which il is claimed ne agreed 10
convey to the plaintiff and which was
not conveyed by deed dated jan. ~
1909 and that said Minnie f. McAllls-
for bo reo,iIad TO join in said deed
a,a ro,ing,,ish and convey her right by
descent and all other rights A tenn
norary Injunction against the sale OIL
the rroperty in dispute to any other
n9 tiles was granted at the time and
tho ranlication filed by the defendants
danies that they ever agreed to con-
WOW any more property than was con-
,o~ad in the deed of Jan. 20 Charles
q Johnson of Waterville appears for
the plaintiff and George H. Morse OF
3ittsfield for the defendants.
Harry II. Rich testified that Meal
Iistar told him when the question of
purchase Of the lot belonging to the
NcAlIister store in Durham was dis
cusscd that the lot extended to within
= foot of the blacksmith shop ard that
he supposed he was buying the land
to the blacksmith shop. The plaintiff
fu..ther testified that the defendants
gave him a receipt for $500 for the
store and all the land belonging there
to. He testified that Mrs. McAllister
objected to signing the deed after she
heard that Rich was to sell the prop
erty to T. T. Mitchell, who had been a
rival of her husband in business. The
testimony Ct Rich was corroborated by
George l.. Morse of Watervillc, tray
cling salesman, who bought the stock
and fixtures OF the store I'M company
with Rich before the tfade$was made
for the store ana lot. Mark J. Bartlett
of Watoryiile. the attorney, VINO drew
the deco, ri the property, testified that
he fixed the bounds Of the property as
extending to the so-called Libby lot.
but supposed that it extended to, a
point beyond The blacksmith shop as
McAllister had told him he owned lot
Of land over there.
+. A. McAllister testified that ne dis
tinctlv pointed out the bounds of the
property conveyed to Rich but ad-
mittcd that after he heard that Mitch
ell was TO have the place his wife
was SO displeased with the transaction
that he asked 10 return the $50 deposit
to Rich and sail he was willing to hack
out OF the trade. He learned after
wards that he vas IoInl lay the re-
ceipt t" ConSuTmate The trade and
'lid so. The first he knew Of any diff
ficnIty wa: when Rich told him that
h should demand n deed CT the Libby
lot aad he ro:.lcf that be should not
deed the Libby lot until he sold it,
Mrs Minnie L. McAnister testified
t!"t ace wished TO back out OF the
safe Nnon ;hc time came to !nal<c out
tn" deed because SHE had decided not
e. dispose OF her home property. Did
not k1oW that she was especially dis
pleased because Mitchell was going to
buF it. Henry NJ. Cole of BurnhanI
testified that lie asked Rich if he could
cot sell inc property back to McANisteI,
inst rs we'll as he could sell it to
He said that the boundaries
Wcr" about the same as McAllister had
described them as nearly as he could
remember.
Judge Whitehouse reserved his de-
,ision.