The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1916-01-13
STATE OF MAINE
SOMERSET: IS.
SUPREME JUDICIAL COURT.
IN EQUITY
Henry Briggs

'ti II i@-hl- y l III Al1 AO0IN
Henry Briggs
vs.
John J. y 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
whose present whereabouts are to the
plaintif unknown, and against various
| other persons. whose names are to the
| plaintin unknown. and who may be
claimants under said John J. b. Smith
to the premises hereinafter described.
| and says,
l. 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, A. D., 1915,
testate. And upon the second Tues
day. of May, \. d. 1915, the will of the
said Horace X. Parkman was duly
proved and allowed in the Probate
Court within and for said County of
Somerset.
II. The plaintin was named as ex-
ecutor by said Parkman in his said
viii and was Vas appointed as such by the
ings in said Probate Court and has
since duly qualified as such.
III. The plaintiff is the residuary
devisee under the will of said Park
man. and as such is the owner in fee
simple of the premises hereinafter de-
scribed.
" Said Horace X Parkman upon
| the date of his death was, and for a
long time prior thereto, to wit for
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 follows,
COMMENCING at a spotted birch
! tree marked Up" and extending rods.
more or less. distant from the shore
of said Lake; thence northwesterly 4
| rods, more or less, to 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 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 plaintiH
! since the death of said Parkman has
been in uninterrupted possession of
! the land described in Paragraph " of
this Bill. claiming an estate OF tree
hold therein.
VI The plaintin is DESTROYS of de-
terminng the claims or rights of said
defendant John J. b. Smith, and all
who may claim under said John j. b.
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 X. Park
man to said John J. r. Smith. dated
September 3. 1901 and recorded in
Somerset County Registry of Deeds
Volume 255. Page los which said con-
| Veyance was made upon the following
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
never be sold or leased to objec-
stable shall ever be erected upon
said premises; fourth, that there
shall be erected and maintained
upon said lot a cottage, which cot
tage and out buildings shall cost
not less than Fifteen Hundred
! Dollars; fifth that said premises
shall be used as a summer resi-
dence only; sixth, that the owner
of said premises hereby conveyed
shall bear such proportional part
drive way from the County road
as the premises hereby conveyed
shall bear to the whole premises
originally owned by the said Park
man; seventh. that in case of sale
of the premises hereby conveyed
said Parkman shall have the first
option of purchase"
VII. The conveyance described in
Paragraph VI. constitutes a cloud up
on the title of said Horace *. 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. 5 and 6. in said convey
anee 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 as 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
or not. but has been wholly unable to
acquire any information with refer
ence thereto.
WHEREFORE, the plaintiff prays:
L That this Court will appoint a
guardian ad Item to appear In behalf
/ and all other parties defendant in
these proceedings, provided they do
! not appear upon such notice as this
I Court may authorize.
3 That this Court will decree that
! the title to the premises described in
this Bill as against said John J. b.
/ Smith and all persons claiming In any
way by, through or under him Is I'm
the plaintiff. as the owner I'm fee sim
/ pie. and that said conditional deed to
said John ]. B. Smith, dated Septem-
Der 3. 1901. is null and void by reason
| of the breach of the conditions named
therein. and hereinbeforc referred to.
3 That the plaintiff may have such
| other and further relief as the nature
| of the case may require, and may II
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 SkowheEan In and for said County
i 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 r LAWRENCE
Solicitor for Plaintiff
/ Somerset SIS Clerks once, sup 1ud
! Court.
Received and filed 18th day Of De
+ cember. A. II 1915.
Attest, W T sEEKINs Clerk
SUPREME JUDICIAL. Court IN