Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1912-01-03

STATE or MAINE.

STAIE OE MA1NEs
HANCOCK ss.: : To the Supreme Judicial
Court. in Equity.
nAvID JAMES KING. Of the city, county
IL and stale Of New York. com plains
against f. Spencer Miller, OF the city and
county Of Philadeiphis. state Of pennsyl-
OF Phiadel phia, whose residence 10 now TO
the complainant unknown and the heirs. legal
representatives and ~ persons claiming un,
city OF Phiiadelphia, deceased. and says
i. That ON december 10, 1850, by deed Of
mortgage Of that date duly executed. deiiv-
cred and recorded In the registry OF deeds Tor
said county OF Hancock, in volume $50 page
81 said respondent =. Spencer Miller, con.
yeyed N mortgage to Anna q. Miiier, q sA,a
Bar Harbor, town Of Eden, Hancock county,
Maine, particularly described In said deed Of
mortgage to which said deed and said record
thereof ex press reference Is herby made. with
the same force and effect rs II the same were
set forth fully and at large in this bill
Samuel N Miller and said Elizabeth Biddle
Miller. Joined for the purpose Of confirming
the same. The legal title 10 said mo tgaged
property was then and there in said e.
spencer Miller and said cher respondents
having or claiming some equitable right or
D. That thereafterward said Anna II. Mil
Ter. by instrument dated November 20, 1909,
and recorded In said Hancock county Maine,
registry of deeds, book 46s. page 400, duly as
signed said mortgage, the debt thereby Sc
cured and all rights and interest thereuncer
tofhe complainant David James King;
.. That thereatlerward, to wit, on Decem-
Der IL 1909, the said responde nts failed to per-
form the conditions OF said mortgage by said
respondents agreed and undertaken IN and by
fault therein which default has ever since
continued
said complainant in accordance with the pro-
visions OF the laws Of Maine by notice pub
lished in the Bar Harbor Record. public
newspaper printed and published at Bar Har-
Dor, In said county OF Hancock. to wit. in the
issues of said Bar Hsrbor Record. dated and
published respectively, December ~, 1863, De-
cember ~, 1909 and January s. 1910, duly pro-
claimed ami published notice OF said breach
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 IL was last published was
Gully recorded in the registry Of deeds for the
county OF Hancock, Aforesaid, on January 5.
1910, within thirty days after said last publi-
cation OF said notice. Said notice was so re-
corded in said registry, book ACT, pags 81.
5. That neither of said respondents nor any
person claiming under them, nor any person
In behalf OF them or either Of them at 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 Thereon
under said mortgage fulfilled any Of the
conditions thereof but the said foreclosure
beca me absolu,e at the expiration of one year
after said December 70, 1909. being the date
OF the first publication OF said notice OF fore-
closure.
8. That your complainant is advised and
believes and alleges that under said proceed
ings TO foreclose said mortgage by pubica-
ton under the said laws of Maine, IL does not
anywhere expressly appear OF record, nor in
any way appear as an adjudication pinding
upon said respondents that there was in fact
any breach OF the conditions of said mortgage,
as in said notice OF foreclosure alleged.
z. That your complainant is advised and
believes and alleges that under said proceed
ings to foreclose said mortgage by publication
under said laws OF Maine, 1t does not any
where expressly appear of record, nor in any
way appear an adjudication binding upon
said espondens 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.
o. That your comp iainant is 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
plainant may create a cloud upon the title OF
your complainant to the premises described
as convey ed under the terms of said mortgage
and depreciate the value thereof
! TO- That your complainant is informed ana
/ believes and alleges that the respondent b.
Spencer Miller is resident in the city of Phila-
delphia, aforesaid, that the respondent
( Samuel NJ. Miller is abr ad and that the COM
plainant although he had made disigent in
I curry is unable 10 ascertain his residence or
| whe reabouts, 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
/ wi hin the State OF Maine.
| Wherefore as your complainant is femedf-
| less in the premises by the strict ru es OF the
! common law and can have full relief only IN
/ court of equity where matters OF this sort are
| properly cognizaole, he brings this his bill OF
! complaint and prays:
| First. That notice may be ordered given to
4 the said respondent, f. Spencer Miller in the
! manner provided by Rule OF the equity rules
/ OF the Supreme Judicial Court. and that
notice may be ordered given to the other re-
| spondenIs by posting in a conspicuous place
| on the land or by being published in a news
4 paper within or without the State. or both. or
4 given in such other manner as the court con-
| siders most etfectual.
| second That 1t be by this court deter
| mined and decreed that on the eleventh day
| Of December, 1903, breach OF the conditions
| of said mortgage existed and was then made
and suffered by said respondents, which said
| breach has ever since continued.
| Third. That from and since the said date OF
| first publication OF said notice OF foreclosure,
| to wit, December %, 1909. there has been no
| waiver OF said foreclosure proceedings by said
| complainant. -
| 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 conveyed in said
mortgage, became absolute and indefeaslble
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.
such other and further relief as the nature OF
this case may require.
Dated this first day of December, a. d. 1911.
| DAVID JAMES KING,
| By IL. b, Deasy, attorney.