Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1916-02-09

4Lh. Ebenexer Edgerly, formerly Of Eden,
Maine, now OF parts unknown. and persons
9th. Sharl +. Bunker. formerly Of Eden,
Maine. now Of parts unknown. aud persons
unknown claiming as his grantees, devisees,
list. That the plaintiffs have made diligent
inquiry and are unable to ASCERTAIN more pre-
cisely the residences Of the persons above
named where not particularly described, or
the names and residences OF the heirs and
persons unknown, who are not named above.
Wherever the possibility Of defect in their
title is known to the plaintiffs, they have in
cluded by name and specific residence one or
more Of the class entitled to make such ad-
verse ella m, except in the case Of Ebenezer
Edgerly, and Of Charles +. Bunker. in each
OF which cases II 10 obviously u.reasopabie
to expect that more should be done, ~ will
md. FOR more than forty years prior to
and at the date Of this bill some one Of the
plaintiffs, singiy or some two or more Of them
~ tenants IL common or those under whom
they claim, have been and are in open, mo-
sion under color Of title OF each Of several
contiguous parcels Of land which together
make up the land hereinafter described,
claiming an estate Of freehold therein, viz,
the fee simple.
8rd. The several plaintiffs hold their sew
eral parcels by title derived from q number OF
the Schooner Head estate and the several
portions Of 1t are so connected with each
other and the ownership Of them Is and has
II substantially consists Of one estate, and all
claims relative thereto may and ought 70 be
determ in this action.
d,h; The land II Sues.tion' hs,enafte,
Schooner Head in Eden, Maine, and Is
bounded and described as follows: Begin
ming at the northeasteriy corner thereof ut
the sea; thence running westerly by the orfgi-
nal north line OF the William Lyman lot on
land Of Bliss and by said line produced, TO
q bolt in the reck. 100 rods beyond the ridge
OF Newport mountain; thence southerly by
two lines about 81 rods to another bolt In the
rock; thence southeastefly about 70 rods to q
bolt in the rock at the ridge Of Newport
mountain; thence southerly along said ridge
TO another bolt in the rock, q corner with
land OF trustees Of public reservations;
thence southeasterly about 100 rods and
Romans to the sea and the southeasterly
corner Of the original Lyman lot; thence by
the sea to the point OF beginning. plan
described, COM a ming 800 acres more or less
and Identifying and describing the several
parcels contained therein. and the plaintiffs
who are the owners thereof and Of each par
eel. will be produced at the trial OF this case.
9th. The history Of the Schooner Head
estate, SO far as material to this bill, Is
Subdivision "A". clauses 1 TO II, original
Lyman lot AZ In 1887 the Legislature Of
Masss CHI sets by resolve granted to Bartolemi
half Of Mount Desert Island, reserving Ger.
tain rights TO the original settlers thereon.
l2) In 1874 the supreme judicial court Of
the De Gregoires the eastern half OF said
island. (3) In 1872 the De Gregoires con
veyed the eastern part Of the Schooner Head
tier. BY oeed aca G his setteIs title
and ~ the remainder OF their hall Of the
island, through Henry Jackson. to William
Bingham, whose tile, so far as material
trustees t0 Ia 1910 vii lam LYNN, ST.,
Con ve, ed sAld sas,sIn par ui the schooner
Head s.!a.e 70 William lyman; i. (s5 In
eastern partto Ebens zer Edge.ly ana Robert
Edgerly. IA In 1918 Robert Edger1y alone
conveyed the whole Of said ortheastern part
by warranty deed to Clement Bunker, whose
title thereafter vested in Samuel Robinson.
(s) In 1886 samuel Robinson gave deed COW
ering the southeastern part Of the schooner
eastern paItto William Lyman. jr., but mis-
deed omitted q small tract at the southeast
ern corner Of the estate. 10y Samuel Robin
son abandoned the remainder OF the north
eastern part prior to 1858 and The same was
forfeited 10 the town OF Eden, for non. pay
ment OF flakes. 10) In 1883 the selec,me OF
Eden conveyed the land so forfeited to Daniel
Kimball, under whom the plaintiffs claim.
with warranties against persons claiming
under the town and acknowledged the pay
ment OF the taxes by Kimball. ny In 1862
the heirs OF William Lyman, jr., convey ed
the southeastern part OF the Schooner II cad
estate with the small piece of the nor beast
ern part acquired under hoDlnsOn's deeu OF
1925 to John S. Lyman, under whom the plain
tiffs claim, but also omitted the small tract
at the southeast corner omitted by Robinson
in 1925 Subdivision "B", Brewer lot, clause
IL. (12) In lo45 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 was or could be authorized
thereto oy said trustees is doubtful. Subdi-
vision so, Bunker lot. (i3) About 1870 one
Charles +. Bunker. owner. OF the south
a n "a vi lad No rod mi n.
out known wife, child, or will, and the PLAIN
tiffs. Richard W. Haze aud Robert s. Hale
claim said southwestern part unoer war
| ranty deed from said Bunker's father and
brothers.
9Th. 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 to in paragraph s
The Bingham trustees may claim the west
ern part by virtue OF the facts stated in para
graph s, clause IL.
under him, may claim the northeastern part
by virtue OF the facts stated in paragraph s
clauses6 and7. .-I
Samuel Robinson may claim the larger por-
tion Of the northeastern part by virtue OF the
| facts stated In paragraph s, clauses z, 9
corner, IL Robinson had any title TO it wher
he gave the deed described IN said paragraph
clsuse 8.
The heirs Of or persons Claiming under
William Lyman, IT., may claim a small tract
in the southea stern corner by virtue Of the
facts stated in paragraph 5. clause IL, but the
plaintiffs believe they do not in fact so claim
Charles F Bunker, or his grantees, de-
visees, or direct heirs. II any there are, may
claim the southwestern part by virtue Of the
facts stated in paragraph s, clause 10.
Such Of said claims as do not depend upon
the conjunction Ct written instruments the
platntiffs. cannot meet without the produc.
ton Of evidence. 1t may be thst the defend-
ants or some Of them have other clalms upon
the premises. and The description OF their sup
lief sought.
7th. By exception from the deed Of other
heirs Of William Lyman. jr.. 70 John Lyman
those under whom the petitioners. claim, Q
small burial lot shown on said plan has not
passed to the plaintiffs and they make no