Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1911-12-27

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Hsgzl Nstsssx
STATE o. MA1nn.
HANCOCK ~: ~ TO the Bupfsms Judselal
Court. in Equity.
nAvIp JAMES KING. Of the city, county
s sss 4 S.s.ps. s' . & = .s.: 3:
vsnis. samuel Il. Killer, iormerly d aid city
Of Phiiadelphje, whose residence - now to
the complainant unknown and the heirs. legal
der Elizebeth Biddie Mllief, formerly 81 said
city q Philadelphia, deceased. and says:
!. Thst on December -, 10, BY deed Of
cred and recorded in the registry 81 deeds for
said county Of Hancock. in volume -, page
~, said respondent 2. spencer miller. con:
Piilsdel pbia. certain real estate situstsd It
Bar Harbor. town Of Eden, Hancock county,
Maine. particularly described in said deed 81
thereof express reference Il herby made. with
the same force and effect ~ II the same were
set forth fully and Il large in this bill.
AnS 4 . ;S n snd d isS Ss
Miller. Joined for the purpose Of confirming
the same. The leeal title 70 said mortgeged
.r s ana -: :sa s a:ss, 5
having o. claiming some equitable right or
4 That theressterwsrd sid Anna 3. NIL
and recorded In said Hancock county. Maine,
registry Of deeds, book ~. page ~, duly ~
signed said mortgage, the debt thereby =.
TO the complatnant. David James King.
3. That theresfterward, 70 Wit: on Decem-
Der II, 1909, the said respondents failed to per-
respondents agreed and undertaken in and By
said mortgage TO be performed, but made de-
fault therein which default has ever since
4 That thereupon and thersafterward your
said complainant In accordance with the pro-
visions OF the laws Of Maine by notice pub
printed and published At Bar Har-
Dor, In said county Of Hancock, to wit. in the
issues OF said Bar Harbor Record. dated and
cember 49, 1908 and January S, 1910, duly pro
claimed and published notice OF said breach
Of conditions of said mortgage and by reason
OF such breach claimed o foreclosure Of said
mortgage and that copy OF said notice Of
with the name and date OF the
newspaper in which 1t was last published was
duly recorded q IN the registry OF deeds for the
1910. within thirty days after said last publi-
cation Of said notice. Said notice was so re-
corded in said registry, book 467, page 81.
person claiming under them, nor any person
in behalf Of them or either Of them 1T any
time since the first publication 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 al the expiration Of one year
after said December 22, 1909, being the date
Of the hrst publication OF said notice Of fore
closure.
g. That your complainant is advised and
believes ana 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
any way appear as an adjudication binding
upon said respondents that there WAS In fact
any breach Of the conditions Of said mortgage,
4. That VOC complainant is advised and
believes and alleges that under said proceed
ings to foreclose said mortgage by publication
under said laws OF Maine, It does not any
where expressly appear Of record, nor In any
way appear as an adjudication binding upon
said respondents that there has been NO
waiver Of said foreclosure proceedings by the
said complainant.
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 IS conveyed.
Q. That your complainant is apprehensive
such breach Of condition Of said mortgage
and the lack Of record or other evidence to
adjudicate that there has been no waiver OF
claimant NAV create cloud UPON the title Of
your complainant to the premises described
as convey ed under the terms OF said mortgage
QeprcCldte t0ereO1.
10. That your complainant is informed and
believes and alleges that the respondent E.
Spencer Miller is resident in the city of Phila-
deiphia, aforesaid, that the respondent
plainant although he had made di.igent 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
xrit h fvYt 6nd ~ al ID
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
complaint and prays;
First. That notice may be ordered given to
manner provided by Rule Of the equity rules
OF the Supreme Judicial Court. and that
notice may be ordered given to the other re-
on the land or BY being published in . news,
paper within or without the State. or both. or
given in such other manner IS the court con.
Second. That it be by this court deter.
mined and decfeed that on the eleventh day
Of December, 1909, . breach Of the conditions
and da 81 said @ Which .sid
breach has ever since continued.
Third. That from and since the said date Of
to wit, December %, 1909. there has been no
waiver OF said foreclosure proceedings by said
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 as conveye ed In said
mortgage, became absolute and indefeasible
In your said complainant upon December e..
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 otherand further relief as the nature Of
this case may require.
Dated this 6rst day Of December, .. d. 1911.
DAVID JAMES KING,
By L. B. Deasy, attorney.
Deasy 4 Lyman, Pins Counsel