Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1914-09-02
legal Notices.
~~~~T<~N<-
STATE OF MAINE,

the Supreme Judicial court, NEXT to be
holden at Ellsworth, within and for the
county o. HANCOCK, GA the second Tuesday
GLARENoE ]. Young, Of Franklin, in
~ said county, respectfully represents as
Theodore Bragdon, Of said franklin by his
mortgage deed in the usual form, dated May
"a. 1857, and recorded in Hancock county reg
mortgage 20 John P. Gordon, Of said Frank
lin, certain real estate described as follows=
and 0 snS q situate in
lows, beginning on the north side Of the stage
road leading to Cherryfeld some three or
don's Tavern House, at q stake and stones;
thence north 70 east ten rods, to stake and
stones corner; thence north $50 west eight
70 west ten rods to the aforesaid road; thence
east southerly by said road to the point OF
beginning; containing eighty square rods
John p Gordon, by his warranty deed dated
May q, a. d. 1857. and recorded in Hancock
county registry Of deeds, boox l2s. page 55s.,
The consideration stated in said mortgage
deed was eight hundred dollars and he de-
feasance clause Of said mortgage deed reads
If the said Theodore Bragdon, his heirs, exec
utors or assigns shall pay unto the said John
P. Gordon, their heirs, executors, adminis-
dollars. four hundred in one year and four
hundred in two years. from the date Of these
presents. then this deed and two notes pay
John p. Gordon, in one and two years from
the date OF these presents, shall both be null
On the 25th day OF November, a. d. 1867, said
John P. Gordon, by his deed Of assignment
dated on that day and recorded in aforesaid
registry, book col l29. page ~, in consideration
paid by John West, the receipt whereof he
herein acknowledges. assigned to said John
West all the right, title and interest that he
then had to the aforesaid mortgage deed and
the notes described therein. and the record
title Of all said real estate is now encountered
by said mortgage deed
Said mortgagor. Theodore Bragdon, and
those having his estate in the premises, have
been in uninterrupted possession of said real
piration Of the time limited in said mortgage
for the full performance of the conditions
thereof, to the date OF this petition. being
more than twenty years from the date Of the
expiration Of said time limited in said mort
gage for the full performance of the conditions
thereof. and have had during said period OF
time, and now have. vested estate in fee
simple in said real estate.
On May %. a. d. 1912, this petitioner by a
don and by, through and under said Theodore
Bragdon had acquired title in fee simple to
one half and undivided Of said real estate, and
on the 22nd day of October, a. d. 1912, this
petitioner acquired title in fee simple to ALI
OF said real estate by direct chain OF title
aforesaid, and now owns the same in fee
simple and is in possession thereof.
The petitioner states upon his best infor-
nation and belief that said John West is
dead, and that, If he be living, the petitioner
has been utterly unable to ascertain anything
whatever Of his whereabouts; and the petit
TONER alleges under oath that the residence
or whereabouts of said John West, if living
is utterly unknown to this petitioner. and If
dead, Fannie Blaisdell, Lizzie Blaisdell and
Mary West, all of said franklin and Genieve
OF Piscataquis, in said State. are the only heirs
of the said John West known to this petitioner,
and that If there are any other persons in
existence claiming by, through or under said
John West. then the name and the
residence or residences of all such yessons
are utterly unknown to this petitioner.
Court to said John West, and said Fannie
Blaisdell. Lizzie Blaisdell, Mary West and
Genieve West Campbell and to all per-
sons unknown interested aforesaid,
provided by law, and upon hearing by
your Honorable Court, no evidence is
offered Of r. any payment upon the
prior to the date of this petition, or of any
other act within said twenty years in recog-
valid mortgage. this petitioner prays that
your Honorable Court may enter decree
setting forth such facts and the findings OF
your Honorabl Court in relation thereto,
said decree to be recorded in Hancock reg
istry Of deeds. within thirty days after it
shall be made. and that thereafter no action
brought by any persons to enforce title
under said mortgage, the decree of your
Honorable Court determining the validity,
nature extent of such encumbrance to
operate directly on said land as a proceeding
in rem and to be effectual to bar all of said
respondents and any and all persons I'M
known claiming by, through or under said
John West or his heirs, as aforesaid, from
any claim hereunder contrary to such de-
respondents to have the same force and
effect as a release OF said mortgage claim,
executed by said respondents known and I'M
known, in due form of law.
And this petitioner further prays that said
John West, Fannie Blaisdell, Mary West and
Genieve West Campbell and all other persons
S1as,S hi
or them. as above set forth, and all other
persons interested, il any, may be duly sum-
moned by your Honorable Court, as provided
by law. to appear TO your Honorable Court
and show cause why the prayer of this petit
toner should not be granted and such decree
entered.
Dated at franklin, this 18th day of August,
q. d. 1914. CLARENCE J. YOU'VE.
STATE OF MAINE.
HANCOCK IS. August "a, a. d. 1914
Then personally appeared Clarence j..
Young above named and made oath that he
of said John West, if he be now living, and
that il there are any persons in existence, ex-
cept the respondents named aforesaid, claim
ing by, through or under said John West,
then the name or names and the residence or
residences OF any or all such persons are ut
terly unknown and that all the aforesaid allie
cations in the aforesaid petition, that the
residence or whereabouts OF said John West,
If living, is utterly unknown and if there are
any persons, except those named as heirs
aforesaid, claiming by, through or under said
John West, then the name or names and the
residence residences of all such persons.
are utterly unknown, are true.
Before me,
PERCY T. CLARKE,
Justice of the Peace
STATE OF MAINE.
COUNTY OF HANCOCK IS: Supreme Judi
cial Court. In Vacation. August rs, a. d.
1914.
Upon the foregoing petition ordered that
personal service by copy of the petition and
this order of notice be made upon the sup
posed claimants whose names are known, to
wit: Fannie Blaisdell, Lizzie Blaisdell and
Genieve West Campbell fourteen days at
least before the October term of this court a.
d. 1914, and that notice upon other persons
unknown. claiming heirs, devisees or as
signs of John West, or claiming by, through
or under the said John West, be given by
publishing like copy of said petition and
order of notice in the Ellsworth American for
three successive weeks. the first publication
to be at least thirty days before said October
to- TF - x.k &k.ak 49,.