Ellsworth American., 1922-12-27

HANCOCK IS.
SUPREME JUDICIAL COURT.
In Equity
o. J. Hussey
Edward Swazey and Marjorie Swazey
Ames, heirs -at-law of Laura J.
Swazey and persons unknown.
o. J. Hussey of Vassalboro, Kenne-
bee county. Maine, complains against
Edward Swazey and Marjorie Swazey
Ames, as they are the heirs of Laura j.
Swazey, deceased, late of Pittsfield,
Somerset county, Maine and against
all other persons, claiming as heirs,
legatees, assignees or legal repre-
sentatives of said Laura j. SwaZey, de-
ceased. and says:
l. That the plaintiff is the owner
in fee simple and in possession of
certain lot or parcel of land with the
port village, Hancock county, Maine,
and bounded and described as follows.
to wit Beginning at the corner of
Franklin and Federal streets, thence
running easterly on Franklin to land
formerly occupied by Bliss Blodgett
and George Blodgett; thence southerly,
by said Blodgett's land and land of
George Bradley. to land formerly oc-
cupied by Daniel Remick; thence west
erly, on said Remick land to Federal
street; thence northerly by said street
to Franklin street, the place of begin
ming.
2. The Plaintiff and those under
whom he claims nave been in uninter-
rupted possession of said PREMISES for
more than four years next prior to tn c
filing of this bill, claiming an estate
in freehold therein.
8. 1t appears from the records of
the registry of deeds for said County
of Hancock, that heretofore. to wit:
on February l, 1911, and recorded in
book ATT. page 209. one Harold o. Hus-
sey. then of said Bucksport was then
and there the owner of said real estate
and then and there conveyed said
premises in mortgage to the aforesaid
Laura j. Swazey to secure the payment
to her the said Laura j. Swazey. her
heirs. executors, administrators or as
signs. in the sum of two thousand dol
lars. ($2O00)
4. The plaintiff is informed and be-
mortgage was never foreclosed and
that the debt thereby secured was long
since paid and the conditions of said
| MORTGAGE fully performed.
5. Said mortgage Is not discharged
on the records in said registry of deeds
| and therefore constitutes a cloud on
the plaintiffs title to said premises.
6. The said Laura j. Swazey has
| long since deceased and there is no
| duly qualified executor or administ-a-
| tor of her estate.
That and the Mariorie sMazey
| are not within the jurisdiction of this
| court for personal service. as their
residences are unknown to your plain
tlH, ana II tnere are any Otner persons
claiming as heirs, legatees. assignees,
or legal representatives of said Laura
J. Swazey, their names and residences
are unknown to your plaintiff.
| Wherefore the plaintiff prays:
l. That the cloud resting on his
| title by reason of said mortgage and
| of the record thereof be removed and
that a discharge of said mortgage be
| decreed.
| 2. That the plaintiff may have such
other and further relief as the nature
! of the case may require
| 3. That this honorable court will
| order such notice Of the tendency OF
this bin as it may deem proper to the
| defendants. Edward Swazey and Mar
| jorie Swazey Ames, heirs of said
Laura J. Swazey. and to all other per-
| sons, claiming as heirs, legatees, as
signees or legal representatives, il
any there be. that they may appear
and show cause, If any. why said mort
gage should not be decreed paid and
! Dated this fourth day of December
A. D. 1922.
o. J. HUSSEY.
WILEY c. CONARY,
Solicitor for Plaintiff.
STATE OF MAINE.
Kennebec IS. December 9. 1922
Then personally appeared O. ]. Hus-
| sey and made oath that he has read
the above bill and knows it's contents
knowledge and belief. except the mat
ters stated to be on information and
belief. and that. as to those matters
| he believes them to be true.
Before me,
GEORGE H. Gates,
Justice of the Peace.
1 MN