Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-06-10
STATE OF MAINE
KENNEBEC, SIS. SUPREME JUDI
CIAL COURT IN EQUITY.


Fred w. Lee VS.. Hallowell SAVINGS
. Institution, ct ais.
To the Honorable Judges of the su-
preme judicial Court:
Fred w. Lee of Augusta, County ne
Kennebec and State of Maine, com.
plains against Hallowell Savings In.
stitution, the heirs of Lizzie \. Leigh,
ton, late of Augusta, Maine, deceased
the names of which heirs are unknown
and against the grantors of the lot Of
land hereinafter described who con-
yeyed said land to Eliza S. Nuttinp
hereinafter described. which said
grantors are unknown and against ali
other unknown owners OF sand lot ~
land between the dates of 1873 and
1901 respectively and says:
FIRST: The said plaintiff Fred
w. Lee and those through whom he
claims have been IN uninterrupted
possession for more than thirty wears
of a certain lot or parcel of land Sit
uated in said Augusta on the west side
of the kennebec and on the east side
of Amherst Street, bounded and De.
scribed as follows: On the north by
land now or formerly of John Leigh.
ton; on the cast by land of Mrs J.
Manchester Haynes; on the south by
land formerly of George w. Williams
and now owned by said plaintiff and on
the west by said Amherst street. and
the said plaintiff and those through
whom he claims have during sad time
claimed an estate of free hold in said
promises.
SECOND: Said lot Of land was con-
veyed by q. q. Stacey to Lizzie 4.
Leighton. aforesaid. by deed dated
October 10. 1872, recorded in Kanne-
bee Registry of Deeds. Book az, Page
III. ON the same day the said Lizzie
\. leighton mort gagged said lot back
gage being recorded kcnnebcC Ecgs-
Try of Deeds Book PSI, Page l5S, and
the said G.. G.. Stacey assigned and
transferred said mortgage To The Hal
lowell Savings Institution by Two as
signmcnts, one dated December Il,
1872. recorded Konnebcc Registry Of
Deeds Book 2S6. Page 1876. the Other
dated May ~, 1873 recorded kcuue-
bee Registry of Deeds Book 2SG Page
23S.
THIRD: Said mortgage docs not
appear to have been forccios'd On the
records of the Kcnnebcc Registry If
Deeds or to have been assigned to any
other parties, nor is there on said rec
ordS any deed showing conveyance by
the said Lizzie y. Leighton To any
other party, or any record in the Pro-
bate Court showing that the estate If
Lizzie a. Leighton was ever adm,a.s-
tered upon in kennCbcc County.
FOURTH: ON the eighteenth day
of February. 1902. one Eliza : Nutttng
died Il resident of said Augusta, lyav-
ing az her sole heir Wallace -. Nut
ting. then resident Of Augusta hut
now of Massachusetts. The inventory
of the estate of the said Eliza : Nu,-
ting contains among other properly i
description of the above described lot
as belonging to the said Eliza :. Nut
ting at the time of her dcrcase.
FIFTH: Tho said Wallace D. Nut
ting by his warranty decd conveyed
said described lot to George ". VII
liams of Augusta by decd dated No.
vcmbcr 4, 1904. recorded krlN,.rc
Registry of Deeds, Book 49,, lvlo 2a0,
and the said George w. Williams dcd
in 1915 owning said property, leaving
n will proved in the Probate Court
within and for the County Of koHun-
bee on the fourteenth day of June,
1915. by the terms of which VIII be d.
viscd the said lot TO his widow Cora
l.. Williams.
SIXTH: BY reason Of an error in
the description in said premises IN the
aforesaid deed from Wallace -. Nut
ting to George w. Williams, the sand
Wallace ID. Nutting ON the tW,ntietb
day of January, 1872. executed another
decd to the said Cora Il. w. Williams,
which decd is recorded in kounchoG
Registry of Deeds Book 5SI. Page 81.
SEVENTH: The said Cora l.. ".
Williams, by her warranty decd dated
February !, 1872, conveyed said prem
ises to the said plaintiff. Fred W. Lee.
said deed being recorded in k'uN'l"c
ltSSlStfN OIL J'tuS, look bOl, u#r'
EIGHTH: There appears to uo no
record in the Registry of Deeds or IN
the Probate Court for kcnnchoc CouH-
ty showing tn" state of title /" Sad
premises between the date of III" SaV
mortgage from Lizzie A. Leighton 10
q. q. Stacey and its assignment there
of referred to in paragraph two OF thS
bill and the conveyance of the sand
Wallace ID. Nutting. as heir ~ lis
mother, Eliza s. Nutting. referred to in
no as,,.s, n, of
however, is Informed and believes,
and, therefore, states on information
and belief, that proper conveyance
were made by the legal owners ut sad
premises but that the same have been
lost or mislai1 and not recorded, ana
that the said Eliza 5. Nuttng, a. the
time of her deccasa was tho l'2aI
owner of the said premises and INV
fully entitled to convey same. Pam
tiff. therefore. seeks to determine tho
claims or rights of any person or per-
sons who are unasccrtaincd. or not m
being. unknown or out of the state ana
who cannot, therefore, be served with
process and piade amenahlc to- III" &C.
cree of this court, who might claim
any right, title, interest or estate m
the said premises by purchasr, descent
or otherwise during the interval a'"ic-
said, all of which claims. II any are
made. the plaintiff says arc In\aHd
illegal or incquitablc.
WHEREFORE, the plaintiff prays:
!. That such notice may tc gwen
to all said defendants by publication
or otherwise as this court may de-
tcrminc.
?. That the validity, nature and
extent of plaintiffs title tp the Sa!d
premises may be established ana 4
proper decree made and filed in me
Registry of Deeds which shall have
the force of a release made Icy or on
behalf of all defendants of all claims
inconsistent with plaintiffs illIe !,
said premises and for such Other ana
further relief as to the court may
seem necessary.
3. That all persons claiming an H.
torcst in said premises. who are NOT
referred to as defendants and Nh"S'
names and residences arc to the pam.
tiff unknown. and each of them, may
he permanently cnjOincd ana n-
strained from asserting any rlE""
title or interest in and to the aiol'-
said premises and from prosecuting Hr
attempting To prosecute any sun III
equity or action at law to obtain pos
session or title thereto.
FRED W. LEE
STATE OF MAINE go.
Kcnncbec, IS. May u, 1NsZ
Personally appeared tho above
named Fred w. Lee and made "a'i
that he has read the above bill alt
knows the contents thereof and lha'
tho Same is true Of his own knowledge
pXcCpf tho matfrrc stated to hn on IN