The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1910-08-04
abstract of Bill In Equity)
STATE OF MAINE.
somerset, IS. Supreme Judicial Court
In Equity.
The skOwbegan Savings Bank
q. G. Wells, Walter =. Wells, Lottie
Wells and ben y. Collins.

Bill In Equity. dated July II. 1910.
died July %, 1910. in which the SHOW
aegan Savings Bank. corporation
duly organized by law and having its
principal place OF business at Skowhe-
gan In said county of Somerset, com
plains against r. G.. Wells, Walter S.
Wells and Lottie Wells all of Arson,
| in said county, and Ben S. Collins lat e
Of said Arson, but whose present resi-
dence Is to the plaintiff corporation
and it's officers unknown. in substance
That on July 7, 1902. said r. G.
Wells and Walter S. Wells gave to
said Ben S. Collins a mortgage of GER
tain pieces of real estate situated in
described In said bill, to secure the
payment of a certain promissory note
for one thousand dollars. given by the
said r. G; Wells and Walter s. Wells,
is the wife of said Walter S. Wells.
That on July 81, 1903. said Ben s.
Collins borrowed of said Skowhegan
Savings Bank the sum of one thou
sand dollars and gave his note OF
that date therefor. and as collateral
security for the payment of his said
the treasurer thereof said first mem
toned one thousand dollar note and
the mortgage above described. but
that said Collins did not at that time
liver written assignment of said
note and mortgage to the plaintiff, but
that the same are still held by the
piaintiff as collateral security for the
payment of said note of said Collins.
That 1t apears by endorsement on
said note given by said Wellses to
said Collins that the sum of thirty
dollars was paid thereon on January
), 1903. That said Walter S. Wells
has made two payments upon said
note of nifty dollars each. one on De-
cember 81. 1905. and the other on
That said plaintiff has been unable
any further or additional payments
or Lottie Wells. and said Collins has
made no payment whatever. and said
plaintiff corporation is unable to en-
force payment from any of said par
ties of the amount for which they are
liable. or for any portion thereof, or
TO obtain title to said real estate so
mortgaged,or to enforce said lien upon
he same in any way that the same
shall inure to the benefit of the plain
tiff corporation.
Wherefore, the plaintiT asks.
THAT said defendants shall make
true answers to all the allegations in
2.-That said r. G. Wells specify
and state in his said answer the
metes and bounds of said lot upon
in said mortgage as belonging to him
is located
S.-That said Walter S. Wells speci-
~ III HIS Sdlu answer IUe
metes and bounds of the canning fac
tory lot mentioned in said mortgage
4.-That the amount due upon said
mortgage given by said r. c. Wells
and Walter S. Wells to said Ben S.
Collins be ascertained and determined.
with date of the same.
5.-That a time be fixed within
which the amount due upon said
mortgage. including interest, must be
paid. in order that said mortgage
shall stand discharged.
6.-That in case said sum is so paid,
and said Collins shall fail to appear
in said suit. some person shall be
designated and authorized to dis
charge said mortgage. or other pro-
vision made for its cancellation upon
the record before mentioned.
Tn case the amount fixed by
the court be not paid within the time
that shall be specified. that said de-
PENDANTS shall execute a release and
conveyance to said plaintiff corpora
ton, In such form as the court shall
determine. of all their right. title and
interest in and to said real estate en-
braced In said mortgage and as shall
be more fully set out and described in
he answers required of said r. G..
Wells and Walter S. Wells. and that
said Lottie Wells release also all her
rights and interest as wife of said
Walter S. Wells. including her in
choate interests therein.
S-That such other orders and de-
crees be made and such other relief
be granted the plaintiff corporation
in the premises as to the court shall
seem meet and proper.