Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1917-03-28
asaaI Nat.rrs.



To the Supreme Judicial Court 4, -.
Il SAlAH W. BOWDEN OF Peuohsen, iui,y;
i of Hancock, state Of Msipe. .ssoaa,5
against Nstsie !. Hatehins Of said PesagR.ais,
Margaret NJ. Gordon OF Mastawam sssvescct
nobscct county, Maine, and Pearl ssF Pc
residences unknown, and the heirs = ~ SSp,lsFe'
OF and All persons claiming under ga nssns
springer, "a deceased. and saws. ~" Fean
FIRST: That the complainant, Y,...
Rcwden. IA the owner in Zee slnpia ~ "
tain lot or parcel Of isad. situated a. a Ger
scot, Hancock county. Maine, boasdess Ego ~
described a. follows A certain Ies =, ~ ast
of land lying in penobscot Hancnet pree
Main. bounded and described a. ,sNvnaatf,
BEGINNING on the western side Of the hssSoDes
lea1irg from bluebiii to Castiue Al sasT
wall ON the northern side of the ROAD sschs.
to the shore on the homestead ~ ,nss9ias
Adam Frcethys thence following ssja ak
westerly air rods; thence northeFly ,eN
aud oae.thtfd rods; thence easterly ei.e
10 the highway aforesaid. Themes - .poi
highway southeriy thirteen aud on.,,ssM
rods to place Of beginning. containing 1a
hail acre, tossincf WITH All buildings there's
Being all and the same property dess,tssa.
a. conveyed In cef tain warranty asss ,ea
Helen NJ. Connor 10 said Isaiah W los
dated December Is. 1908, and recorded Ma
Is. 1850. in the Hancock county, Naive sa.aaa
try Of deeds. book geo, page 81 'ess'
The complainant further AYERS that 49,.
those under whom he claims have been ~ -. ~
interrupted possession. OF said land ioi ,ss,
years or more, 20 wit. Tor more than twsss'
years claiming an estate OF freehold ths,sss
SECOND. The defendant Netfi- H..
ins. 10 the daughter Of Ellen ". Bowssp Il.
ceased, formerly the wife Of the Complain.
The other dese md nts hereinAboys nama1al
the issue of Ada Springer, aeoeAsed No -. ~
the daughter OF said Etten NJ. BSsder 80
eefs ndsn,s are all of the issue Of sAtd EIi.ss
NJ. Bowden. and all OF her heirs At law. ''
THIRD The complainant says th,, ,,s,
Pearl Springer 10 not known To Be llvirs -.
that " he IL deceased has heirs dsvisea, 80.
signs are unknown and tast Bother he So
they, can be actually served with pf0c... !,
made personally amcnable to the decree I,
this court. The complainant. therrso,s :.
authorized by the statute. brings this ~.
agains, all persons Claiming under sad Pas
springer.
FOURTH; In or about the year isis ,,.
Ellen NJ. Bosden. then being living ana -
ing the wife Of the complainant, the a.
complainant made. signed and scSnpNteds.s
deed in due and proper form pufpaftiRs d
convey the real estate hereiuaboye deseiiss5
10 said Eliea NJ. Bowdsp- said deed "a.
never delivered TO the grantee or ID 49,
person Tor Der, but placed aud ssp, y
Tie complainant In a box containing his ORR.
papers, and said deed WAS never iatsnssd \,
The com piai nant to take rfI,ek or be deltys n
except IN the ccnslags ncy that said Bllsa u
bowaen shoald survive the complainant
FIFTH. without the knowledge o; s,s.
cent Of tao complainant asd without aay L.
livery of said deed having bern pssas Syts4
comp asnans TO any person the dsisnilsl
Settfe l.. Huichtns. aas obtained pos<essies
of said instrument AID thonxh requested Ia
neglected and refused to cancel TOE saus !,
deliver M to the complainant.
SIXTH. Tho complainant Ia Informed .za
believes and therefore alleges TIA, tbs a.
PENDANT, Ssttis l.. Hutshius, IS ho-ains AZ
deed claiming IL 10 90 valid aud tHssttgs ~.
Conveyance with the pasPose of asserting Asa
maintaining title under H. TO the properly
hersinaboye described In her oNn right -
heir OF saia Ellen n. Bosden.
skvESTH. The complainant AYERS that
said instrument being In existence Ia passs.-
sion Of the defend ant. Nestle /. Il 5leaiss
who purposes TO assert and masnlAla titls
"a ndef IL creates aud causes cloud upaa ia
title of the complainant, whseh cloud shesls
In eqatty tie removed.
Wherefore the complainant pra!s
/. That this court viii issue l,s sabpqat,S
be served upon the defendants. Setgss L
Huiehins aud Margaret n. Gordon
q. II the ooari Hnds thai actual .erviss cas.
moi be made upon The driendAat, Peal.
Springer. or upon persons Claiming ands'
him, the complainant prAys that the eocn
will order posic. OF this suit TO be posted les
conspicuous place on the land OF to Be Pss
iished In nc wspApef In the ale q As'Et.
or both, or that notice be given IN sseh ciA9
manner ~ the ccurt considers most ereeisA
D That the court will nnd Asa aalsess
that sAid instrument parpofiins to be dess
running from the com piAinant TO Ellen y.
I Bowden wAA never delivered and that he
, same did not take effect a. q conseysDcs.
4 That the defendant. Nettis L. Hatesiss,
may be ordered and directed to give 40 Aas
I sure nder aid Instrument thai the ssuss zy
be cancelled.
5. That the cloud u pom the title o. the coz.
piAinAnt caused by said deed may be reusovse
/ In such method and by such osdeT OF desfss
A. the court may seem best.
q. That - TO the defendants, Nsitis L
Hutehins and Margaret NJ. Gordon. she eos'i
will exercise Jurisdiction In psrsoasn oas
that ~ 10 the defendant, Pearl sp'tasts'
| or persons claiming ander him. this SAN sAA.
| be . proceeding In rem against the iahd Az
thai decree establishing and cselartns ist
validity. nnrur- or cxtent OF the eoup1as'
ants title may be entered and Operate d.
| rectiy on the land and have thr force OF Nv
| lease male BY or on behalf Of said dsfeaeaaa
| OF all claim. inconslatrnt with the uise e.
| tAbiished or declared thereby.
| 7. For saeh other and further relied A. we
| complainant may be entitled 30 tn The prtE'
Sea-
| Penohscos, Maine. March u. isi7.
I.AtAH W HowpEs.