Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1914-09-09
STATE or MAINE.

1
By Peters a. Knowlton, its attorneys.
Ellsworth, Maine, August 20, 1914.
STATE OF MAINE.
HANCOCK ss:-To the Honorable Justices Of
the Supreme Judicial court, next to be
county Of Hancock, on the second Tuesday
Of October. q. d. 1914.
GLARENCE J. Young, Of Franklin, in
~ said county, respectfully represents as
Theodore Bragdon. Of said franklin, by his
mortgage deed in the usual form, dated May
n. 1857, and recorded in Hancock county reg
istry Of deeds, book l28, page $780, conveyed In
mortgage to John P. Gordon, Of said Frank
"a certain lot or parcel Of land situate in
Franklin and bounded and described as fol-
lows, beginning on the north side OF the stage
four rods southeast Of the corner OF said Cor
don's Tavern House, at q stake and stones;
thence north 70 east ten rods, to stake and
rods, to corner stake and stones; thence south
70 west ten rods to the aforesaid road; thence
east southerly by said road to the point Of
beginning; containing eighty square rods
Being the same premises conveyed to me by
May ~, a. d. 1857. and recorded in Hancock
county registry Of deeds, BOOK 1928. page $780,"
| The consideration stated in said mortgage
deed was eight hundred dollars and the de-
feasance clause Of said mortgage deed reads
! as follows, viz: provided nevertheless that
| II the said Theodore Bragdon, his heirs. exec
| utors assigns shall pay unto the said John
+. Gordon, their heirs, executors, admins,
| dollars, four hundred in one year and four
hundred in two years, from the date Of these
able by the said Theodore Bragdon to the said
| 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 129, page lat, in consideration
as therein set forth, Of Eve hundred dollars
paid by John West. the receipt whereof he
therein 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
| Said mortgagor, Theodore Bragdon, and
those having his estate in the premises. have
been in uninterrupted possession of said real
estate from May 81, 1889, the date OF the ex-
| piration of the time limited in said mortgage
| for the full performance of the conditions
thereof. to the date OF this petition, being
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
direct chain of title from said Theodore Brag-
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
d.
| petitioner acquired title in fee simple to all
| OF said real estate by direct chain Of title as
aforesaid, and now owns the 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, II 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
West Campbell, of sangerville, in the county
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
| residence or residences of all such parsons
are utterly unknown to this petitioner.
~ af sd d 1nh noIee by your oid
Blaisdell, Lizzie Blaisdell, Mary West and
Genieve West Campbell and to all per-
sons unknown interested aforesaid, as
your Honorable Court, no evidence is
offered of any payment upon the
prior to the date of this petition, or Of any
other act within said twenty years in recog-
milton OF the existence Of said mortgage as a
your Honorable Court may enter a decree
setting forth such facts and the findings OF
your Honorabl Court in relation thereto,
istry of deeds. within thirty days after it
shall be made. and that thereafter no action
at law or proceedings in equity shall be
| brought by any persons to enforce title
under said mortgage, the decree of your
| Honorable Court determining the validity,
nature or 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 IN,
known claiming by, through or under said
John West or his heirs, as aforesaid, from
any claim Hereunder contrary to such de.
termination, and such decree so barring said
effect 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
unknown claiming by. through or under him
or them. as above set forth, and all Other
persons interested, if any, may be duly sum-
moned by your Honorable Court, as provided
by law, to appear TO your Honorable Cour
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
a. d. 1914. CLARENCE j. Young,
STATE OF MAINE.
HANCOCK IS. August "a, a. d. 1914.
Then personally appeared Clarence j
Young above named and made oath that h
does not know the residence whereabouts
OF said John West, il he be now living, anC
that II 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 o
residences of any or all such persons are ut
terly unknown and that all the aforesaid ale
cations in the aforesaid petition, that tn,
residence or whereabouts of said John West
If living, is utterly unknown and if there are
any persons, except those named as heir
aforesaid, claiming by, through or under saiC
John West, then the name or names and the
residence or 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 25, a. d
1914.