The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1915-12-30
John J b. Smith.

John J. b. Smith.
and parties unknown
TO THE SUPREME JUDICIAL COURT.
IN EQUITY:
Henry Briggs of Pennington. in the
County of Franklin, and state of
Maine complains against John J. b.
Smith. formerly of Ashmont, in the
Commonwealth of Massachusetts.
whose present whereabouts are to the
plaintif unknown. and against various
other persons. whose names are to the
piaintim unknown, and who may be
claimants under said John J. b. Smith
to the premises hereinafter described,
/. one Horace X. Parkman. former
ly of Skowhegan. in the County of
Somerset. and State of Maine died at
Madison. in said county of somerset
on the 2Sth day of March. \. D., 1915.
testate. And upon the second Tues
day of May. \. u. 1915, the Will of the
said Horace X. parkman was duly
proved and allowed In the Probate
Court within and for said County OF
II. The plaintiff was named ex-
ecutor by said Parkman In his said
will and was appointed as such by the
Judge of Probate under said proceed
ings In said Probate Court and has
since duly qualified as such.
Ill The plaintin is the residuary
devisee under the will Of said Park
man and such is the owner in fee
simple of the premises hereinafter de
~. Said Horace X Parkman upon
the date of his death was, and for
long time prior thereto, To wit ior
more than ten years. had been seized
in fee simple of the following describ-
ed premises, to wit:
A certain lot or parcel of land stu
ated in the Town of Madison on the
westerly side of Hayden Lake SO call
ed, bounded and described as foil"Ws.
TO wit: -.
tree marked p and extending rods,
more or less. distant from the shore
of said Lake; thence northwesteriE ..h
rods more or less. to a white birch
tree marked N: thence at right an
giles with the first line rods to
stake and stones. and thence continu-
ing in the same direction to low water
mark; thence southwesterly by the
Lake 4 rods, more or less to stake
and three stones; thence to the point
of beginning.
V Said Horace X. Parkman for
said period of ten years or more prior
to his death had been. and the plaintiff
since the death of said Parkman has
been in uninterrupted possession of
the land described in Paragraph " of
this Bill, claiming an estate of free
VI. The plaintiff is DESTROYS of de,
termining the claims or rights of said
other persons to the plaintiff unknown
who may claim under said John J. L.
Smith any right title or Interest in
and to the above described premises
and especially any claim which they
may have or claim to have under a
conveyance from said Horace *. Park
September 3. 1901. and recorded I'm
Somerset County Registry of Deeds.
Volume 255, Page los, which said con-
Veyance was made upon the following
conditions, to wit:
THAT the premises hereby con-
veyed shall never be sold or con-
veyed to George b. FairgrieVe of
Skowhegan. Maine or be IN any
way connected with his property
second that said premises shall
tionable parties; third. that no
stable shall ever be erected upon
said premises: fourth. that there
shall be erected and maintained
upon said lot cottage, which cot
tage and out buildings shall cost
not less than Fifteen Hundred
Dollars; fifth. that said premises
shall be used as summer resi-
dence only sixth, that the owner
of said premises hereby conveyed
shall bear such proportional part
of the expense of maint aiming a
drive way from the County road
the premises hereby conveyed
shall bear to the whole premises
originally owned by the said Park
man; seventh. that in case of sale
uf the premises hereby conveyed.
said parkman shall have the first
option AZ purchase
VII. The conveyance described IN
Paragraph VI. constitutes Il cloud up
on the title of said Horace X. Parkman
in his lifetime and that of the plaintiff
at the present time, for the reason that
the fee to said land appears to be. as
matter of record In said John J. b.
Smith. or his heirs, if he be not living.
whereas in truth and in fact certain
conditions of said deed namely those
numbered 4. and 6. in said convey
ance to said Smith, were long since
broken by said Smith. to wit, more
than ten years before the death of said
Parkman. and by reason thereof said
deed thereby became null and void.
and of no effect against said Horace
x. Parkman and said Horace X. Park
man long ago. to wit, more than ten
years prior to his death, entered upon
said premises by reason of the breach
of the conditions named in said deed,
and has ever since occupied the same
as aforesaid claiming title in fee sim
pie.
VIII. The plaintiff has made dill
gent inquiry to ascertain the present
whereabouts of the said John J. b.
Smith. and whether he be now living
not. but has been wholly unable To
acquire any information with refer
ence thereto.
l. That this court will appoint a
guardian ad Item to appear In behalf
of and represent said John J. b. Smith
and all other parties defendant in
these proceedings, provided they do
not appear upon such notice as this
Court may authorize.
3 That this Court will decree that
the title to the premises described In
this BIZ as against said John }. Il
Smith and all persons claiming in any
way by through under him is in
the plaintiff, as the owner in fee sim
pie. and that said conditional deed to
a.
Der 3. 1901 Is null and void by reason
of the breach of the conditions named
therein. and hereinhefore referred to.
3. That the plaintif may have such
other and further relief as the nature
of the case may require, and may 1T
please this Honorable Court to issue
it's sub poena to the said defendants
commanding them to appear before
this Court and answer to this Bill of
Complaint at the next term of the
Supreme Judicial Court to be holden
AT Skowhegan in and for said County
of Somerset on the fourth tuesday OF
January. 1916. and abide the orders
and DEGREES of Court thereon.
HENRY BRIGGS.
BY Fred +. Lawrence.
His Attorney.
FRED F. AWRENCE,
Solicitor for Plaintiff
Somerset SO. Clerks Office. Sup. Jud
Court.
Received and flied 18th day Of De
cember. a. u. 1915. -
Attest: W T SEEkINS CLERK