Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1915-04-21
Legal NottrfM


Supreme Judicial Court In Equity.
Richard W. Hale ct ais vs.. r. Samuel Robin
son et ais To the supreme judicial court. IN
Equity.
DIcHARD w. Hale. OF Dover. Msssachu-
IL setts Robert 8. Hale, Lincoln r. Brig
ham, samuel johnson and Reginald N. John
son. trustees under the viii OF Cituord Brig
ham, G.. Tappan Francis, Charles FRANCIS
Mary Mc0regor Dalton. Frederic 3. Coco win,
trustee for Harriet s. Jacques, also trustee for
all the other plaintiffs.
Complain Against
LIST. The heirs OF or persons claiming under
Samuel Robinson. late OF Newouryport,
unknown and persons unknown claiming
under him: and Olive r. Loud, OF Merrimae'
Mass.
under William Lyman. IT,. late Of Eden.
Maine; including Jchps. Lyman. Alonxo w.
Parker. Lizzie Z. Moon, John W. Conners.
Aiired B; ccnnsra Frsna H. cg p,ss,s
Ida NJ. Morrison, =. Marion Rich,
Herbert p. Higgins, william r. CLARK, AL Of
Eden, Maine: Clarence Lyman, Mary !. MAJ
tin, Cora A. KimbAll. all OF Mount Desert.
Maine; Nancy Jane smith. Of North Haven,
Maine; Charlotte Wright, OF saco, Maine;
Charles w. Lyman. Of Concord. n H.; Lewis
ton. Mass; John L. Tufts. OF Winchester.
Mass: Eta ]. T. Wilson, OF Winthrop. Mass:
Sarah 7. Hodgdon. Of Weymouth. Mass;
Mi,,,m / Tuis:, q 3, s Ss. 1ss
v. Lyman, Of San Francisco, csiifornfa; Eta
Hutchings OF pArts unknown, ana persons
unknown claiming under her.
srd The Bingham Trustees. via: Emng.
ham b. Morris and John q. johnson. both OF
Philadelphia. Pennsylvania
4th. Kberexer Edgeriy. formerly OF Eden,
Maine, nov OF parts unknown. and persons
unhnorn claiming nDas, him in,.,,x 81 Ha..
Maine, now OF parts unknown. and persons
unknown claiming - hts grantees, desise<s,
or direct heirs,
LIST. That ths plaintiffs have made diligens
inquiry and are unable 70 ascertain more pre-
ciseiy the residences Of the persons above
named where not particularly described or
the names and residences OF the heirs and
persons Unknown, who Dot named above.
Wherever the possibility Of a defect in their
tile Is known to tire plaintiffs, they have in
cluded by name aud specific residence one OF
more Of the class entitled 70 make such "a.
EdgerIy, aud OF Charles Y. Bunker, In each
of which cases IL Ia obviously unreasonable
To expect that more should be done, as VIII
hereafter appear.
And. For more than forty years prior TO
aud at the date Of this bill some one Of the
plaintiffs, sfpely or some Two or more OF them
as tenants In common or those under whom
they claim, have been and IN opeu. no.
torious. exclusive and uninterrupted pos
session under color of title OF each OF
together make up the land hereinatt<t de-
scrbed. claiming sn estate of freehold
therein, viz. the fee simple.
Srd. The several plaintiffs hold their sev.
eral parcels By title derived from Number
of commoa sources. The property IL known
as the Schooner Head estate and the seys raj
portions Of 1t are so conuseteS with each
other and the ownership of them Is and has
been so interviewer that for purposes OF title
u substantially consists Of one estate. and all
claims relative thereto may and ought To be
determined in this action.
4th. The land In question, hereinafter
called Schooner Head estate, fs situate at
Schooner Head In Eden, Asias, and Is
bounded and described as follows. Begin.
Mag ut The northeasteriy corner thereof 81
the sea; thence Running westerly by the origi-
nal north line OF the William Lyman lot on
Land of Bliss and BY said line produced. To
n bolt in the rock, 100 rods beyond the ridge
OF Newport mountain; thence sou heriy by
two lines about 81 rods 10 another bolt In the
bolt in the rock at The ridge OF Newport
mountain. thence southerly along said Tiog e
to an Their holt In the rock. corner with
, ,s1a Of ,.pss.s. % pSs6r sss rna
northeasterly about 49, rods by land OF
Homaps to the sea and the soufheAsteriy
corner Of the original Lyman lot; thence by
the sea to the point OF beginning. A plan
showing the Schooner Head estate as above
deed omitted \ small tract at the southeast
ern corner OF the estate. (sl Samuel Robin
eastern part prior to 1883 and the same WAS
forfeited 70 the town OF Eden. for non-pay-
ment OF taxes. (iol In 1850 the selectmen OF
Eden couveye ed the land 30 forfeited to Daniel
KimbaN, under whom the plaintiffs claim,
with warrapties against persons claiming
under the town and acknowledged the pay
ment OF the taxes by Kimbali. {iil In 1881
the heirs Of William Lyman. r.. conveyed
the southeastern part OF the Schooner Head
estate with the small piece OF the northeast
ern part acquired under Robinson's deed Of
ls25 10 John $. Lyman. under whom the plain
tins claim. but also omitted the small tract
at the sogtheas, corner omitted by Robinson
n (i2) In isss John Black, as attorney for
the then Bingham trustees, conveyed the
western half OF said Schooner Head estate
to the plaintiffs predecessors in title, but
whether he or could be authorized
thereto b, said trustees is doubtful subdi.
vision "C'. Bunker lot. fis) About 1870 one
western part OF said estate. disappeared With
out known wife. child or will. and the plain
tiffs. Richard W Hale aud Robert s. Hale,
claim said southwestern part under = war
rapty deed from said Bunker's father and
brothers.
sth. The several defendants claim, or may
claim, some right. title or interest in the said
Schooner Head estate as follows:
The Bingham trustees may claim the shore
under various possible constructions of the
Instruments referred 10 in paragraph s,
clauses !, "a.
The Bingham trustees may claim the west
ern part by virtpe OF the facts stated in para
graph 8. clause H.
Ebene1er Edgerly. or persons claiming
by virtne OF the facts stated in paragraph s.
ciauses and Z.
The heirs Of or persons claiming under
Samuel Robinson may claim the larger por-
ton OF the northeastern part by virtue Of the
facts stated in paragraph S. clauses, 7, O.
and TO- and small tract In the southeastern
corner, II Robinson had any title TO il when
be gave the deed described in said paragraph,
clause 8.
The heirs OF or persons claiming under
William Lyman, IT,, may claim q small tract
IN the southesstern corner by virtue OF the
facts stated In paragraph S. clause IL, but the
Plaintiffs believe they do not In fact so claim
Charles r. Banker. or his grantees. de-
vistes. or direct heirs. II any there are. may
claim the southwestern part by virtue OF the
facts stated in paragraph s. clause 49,
Sueh OF said claims do not depend upou
the construction OF written instruments the
plaintiffs cannot meet without The produc-
ton OF evidence. II may be that the de end
ants or some Of them have other CLAIMS upon
the premises and the description OF their sun
posed claims Is not iatended to limit the re.
lief sought. "
It'll. BE- exception from the deed of other
teirs OF William Lyman. jr. to IL hu 5. Lynam
and from the deed Of said John g. Imam To
those under whom the p, titionefs claim. a
small Duiiai lot shown on said plan has not
described. containing $40 acres more or less
and identifying and describing the several
mad In