Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1911-12-20

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HANCOCK ss: 10 tho supfsms gudicia
Court. In Equity.
nAvID JAMES KING, Of the city. count!
II and stste Of New York, oomplaini
county Of PhiisdeIphia, sssts 81 Pesnsyi
Of Phiiadelphis, whose residence il now 4
the JON plainsnt unknown and the heirs. leUa
representative and AL persons claiming IN.
city Of Philadelphia, deceased. and says:
mortgage Of that date duly executed. deiiv.
ssss sna O. IN he esy q deeds Lee e:
81, said respondent E. Spencer Miller. con-
veyed in mortgage to Anna H. Miller. OF said
Philadelphia. certain real estate situated II
Maine, particularly described In said deed Of
mortgage 70 which said deed and safd record
n thereof express. references Il herby made. with
set forth fully and at large in this bill.
And in said mortgage said respondent,
Samuel a. Miller and said Elizabeth Biddle
Miller. joined for the purpose Of confirming
the same. The legal title 10 said moytgnged
property WAS then and there In said T..
spencer Miller and said other respondents
having or claiming some equitable right or
T. That thereafterward said Anna 4. NIL
Ter. by instrument dated November 70. 1909,
and recorded in said Hancock county. Maine,
registry Of deeds, book ~. page 100, duly as
signed said mortgage, the debt thereby &C.
cured and all rights and interest Hereunder
g. That thereafterward, to Wit. on Deeem-
Der H. 1909, the said responde nts failed to peg
form he conditions Of said mortgage by said
said mortgage to be performed, but made de-
fault therein which default has ever since
continued.
l. That thereupon and thereafterward your
said complainant In accordance with the pro-
visions OF the laws OF Maine by notice pub
lished in the Bar Harbor Record. public
Dor. in said county Of Hancock, to wit. in the
issues OF said Bar Harbor Record. dated and
published respectively, December %, 1909 De-
g. 1892 sGd apl
OF conditions of said mortgage and by reason
OF such breach claimed foreclosure of said
mortgage and that copy Of said notice Of
foreclosure with the name and date Of the
newspaper In which ii was last published was
Gully recorded in the registry OF deeds for the
county OF Hancock, aforesaid, on January s,
1910. within thirty days after said last publ.
cation Of said notice. Said notice was so re-
corded in said registry, book 467, page 81.
8. That neither OF said respondents nor any
person claiming under them, nor any person
in behalf OF them or either OF them ut any
time since the first pu ALLEGATION Of said notice
of foreclosure to the date OF this bill has paid
the principal or interest or any part thereof
under said mortgage or fulfilled any of the
conditions thereof but the said foreclosure
became absolute at the expiration of one year
Of the first publication Of said notice OF fore
closure.
s. That your complainant is advised and
believes and alleges that under said proceed
ings TO foreclose said mortgage by publica-
tion under the said laws OF Maine, 1t does not
anywhere expressly appear of record, nor in
upon said Respondents that there was in fact
any breach of the conditions Of said mortga
as in said notice Of foreclosure alleged.
believes and alleges that under said proceed
ings to foreclose said mortgage by publication
under said laws OF Maine, it does not any
way appear as adjudication binding upon
said respondents that there has been no
waiver Of said foreclosure proceedings by the
8. That your complainant, the said David
James King, Is now and for more than one
year past has been in full possession OF the
premises In said mortgage deed particularly
described as conveyed.
8. That your complainant 10 apprehensive
lest the lack OF record or other evidence of
such breach Of condition Of said mortgage
and the lack Of record or other evidence TO
adjudicate that there has been no waiver of
said foreclosure proceedings by said com
your complainant to the premises described
Is convey ed under the terms OF said mortgage
and depreciate the value thereof.
10. That your complainant is informed and
believes and alleges that the respondent E.
Spencer Miller is resident in the city OF Phila.
delphia, aforesaid, that the respondent
plainant although he had made sdi.ieent in
quiry is unable 10 ascertain his residence or
whereabouts. that the said Elizabeth Biddle
Miller is deceased, and the complainant can.
not ascertain that she has left any personal
representative, and that neither Of said re-
spondents have any tenant, agent or attorney
within the State Of Maine
Wherefore as your complainant is remedi-
less In the premises by the strict ru, es of the
common law and can have full relief only in a
court Of equity where matters Of this sort are
properly cognizable, he brings this his bill OF
mplaint and prays:
First. That notice may be ordered given to
the said respondent e. Spencer Miller in the
Of the supreme Judicial Court. and that
notice may be ordered given to the other re-
Ppondents by posting in conspicuous place
paper within or without the State both, or
siders most efiectual. 80
mined and that on the aay
Of December, 1909, \ breach Of the conditions
Of said mortgage existed and was then made
a 81
Third. That from and since the said date Of
6rst publication OF said notice of foreclosure,
to wit, December %, 1903. there has been NO
complainant.
Fourth. That under and by virtue Of said
proceedings to foreclose by publication said
foreclosure became final and that the title OF
said complainant the mortgage in and TO
the premises described rs conveyed in said
mortgage, became absolute and indefeasible
In your said complainant upon December ~.
1910. as against said respondents and all and
each.of them and against any and all persons
claiming by, through or under them or
either OF them.
Fifth. That the complainant may have
such other and further relief as the nature OF
this case may require.
Dated this FIRST day Of December, .. d. 1911.
DAVID JAMES KINo,
By l.. B. Deasy; attorney.