Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-06-03
STATE OF MAINE
KENNEBEC. SIS. SUPREME JUDI
GAL COURT IN EQUITY.

kENNEBEC, %. SCInEMI SODA
CIAL COURT IN EQUITY.
Fred w. Lee VS.. Hallowell Savings
Institution, ct ais.
10 the Honorable Judges of the Su-
preme judicial Court:
Fred w. Lee of Augusta, County OF
Kennebec and State Of Maine, com
plains against Hallowen Savings IN
stitution, the heirs Of Lizzie A. Leigh
ton, late of Augusta, Maine, deceased,
and against the grantors OF the lot OF
land hereinafter described who con-
veyed said land to Eliza s. Nutting
hereinafter described, which SAID
grantors are unknown and against All
other unknown owners OF said lot OF
land between the dates OF 1873 and
1901 respectively and says:
FIRST: The said plaintiff. Fred
w. Lee and those through whom ne
claims have been IN 1h,r th,rty
of 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-
land now or formerly of John Leigh
ton; on the east 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 said time
claimed an estate of free hold In SAID
premises.
veyed by G.. G. Stacey to Lizzie A.
Leighton. aforesaid. by deed dated
October 10, 1872, recorded in Kenne-
bee Registry of Deeds. Book 292, Page
121. On the same day the said Lizzie
A. Leighton mortgaged said lot back
to the said G. G.. Stacey, said mort
gage being recorded kennebec Regis
try of Deeds Book PSF, Page 15S, ana
the said &. G. Stacey assigned ana
transferred said mortgage to the Hal
lowell Savings institution by two as as
signments, one dated December AZ.
1872. recorded Kennebcc Registry OF
Deeds Book 2S6. Page 1876, the other
dated May "a, 1873 recorded kenne-
bee Registry of Deeds Book 2S6. rage
23S.
THIRD: Said mortgage does not
appear to have been foreclosed on the
records of the Kenncbec Registry or
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 A. Leighton to any
other party. or any record In the Pro.
bate Court showing that the estate OF
Lizzie A. Leighton was ever admihis-
tered upon in Kennebec County.
of February, 1902, one Eliza s. Nuttlng
died resident of said Augusta, !eaV-
ing as her sole heir Wallace ID. Nut
ting, then a resident of Augusta but
now of Massachusetts. The inventory
of the estate of the said Eliza 5. Nut
ting contains among other property
description of the above described lot
as belonging to the said Eliza :. Nut
ting at the time of her decease.
FIFTH: The said Wallace ID. Nut
ting by his warranty deed conveyed
said described lot to George w. WI
liams of Augusta by deed dated No
vember 4, 1904. recorded kennepcc
Registry of Deeds, Book 459. Page 200;
in 1915 owning said property, leaving
a will proved in the Probate Court
within and for the County of kenne-
bee on the fourteenth day or June
1915, by the terms of which VIII be &c
vised the said lot to his widow. Cora
b. Williams.
SIXTH: BY reason of an error IN
the description in said promises in the
aforesaid deed from Wallace ID. Nut
ting to George w. Williams. the said
day of January, 1922, executed another
deed to the said Cora Il. w. Williams,
which deed is recorded in kennebec
Registry of Deeds Book 5Sl. Page OIL.
SEVENTH: The said Cora Is. w.
Williams. under the name of Cora *;
Williams, by her warranty decd dated
February /, 1922. conveyed said prem
Uses to the said plaintiff. Fred w. Lee,
said deed being recorded in kennebec
Registry of Deeds, Book col, Page 80.
EIGHTH: There appears to be no
record in the Registry of Deeds or in
the Probate Court for kcnnebec Coun,
ty showing the state of title 10 Salu
premises between the date of the said
mortgage from Lizzie a. leighton to
c. G.. Stacey and its assignment there-
of referred to in paragraph two OF TINS
bill and the conveyance OF the saiu
Wallace y: Nutting. as heir or ms
reformed
paragraph four of this bill Plaintiff.
however, is informed and believes,
and, therefore. states on information
and belief. that proper conVcyanceS
were made by the legal owners of sad
premises but that the same have been
lost or mislaid and not recorded. and
that the said Eliza S. Nutting, at the
time of her deceaSe, was the legal
owner of tho said premises and law
fully entitled to convey same. Pam
tiff, therefore, seeks to determine the
claims or rights of any person or per-
sons who are unasccrtalncu, or not IN
being. unknown or out OF the state ana
who cannot, therefore, be served with
process and made amcnable to the de-
cree of this court, who might claim
any right, title. interest or estate IN
the said premises by purchase. descent
or otherwise during the interval afore-
said. all of which claims. if any are
made, the plaintiff says are Invalid
illegal or inequitable.
WHEREFORE, the plaintiff prays:
l. That such notice may be given
to all said defendants by publication
or otherwise as this court may de-
termnc.
2. That the validity nature and
extent of plaintiffs title to the SAID
premises may be established and
proper decree made and filed IN the
REGISTRY of Deeds which shall have
the force of release made by or on
behalf of all defendants of all claims
inconsistent with plaintiffs title TO
said premises and for such other and
further relief as to the court may
seem necessary.
8. That all persons claiming an in
tercst in said promises, who are. not
referred to as defendants and whose
names and residences are to the plain
tiff unknown. and each of them. may
be permanently enjoined and re-
strained from asserting any right.
title or interest in and to the aforc-
said premises and from prosecuting or
attempting to prosecute any SUIT IN
equity or action at law to obtain pos
session or title thereto.
FRED w. LEE.
STATE OF MAINE
Kcnnebcc. IS. May "a, l?22.
Personally appeared the above
named Fred w. Lee and made oath
that he has read the above bill and
knows the contents thereof and that
tho same is true of his own knowledge,
except the matters stated to be on in
formation and belief. and that as to