Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1926-01-20

Frank A. H. Norcross, his legal repre-
sentatives, heirs. and persons unas-
certained and unknown, claiming
under said Frank A. H. Norcross.
Adelaide Virginia Macdonald, also
known as Adelaide Carson Macdonald,
complains against
Frank A. H. Norcross, his legal repre-
certained and unknown, claiming
under said Frank A. II. Norcross, and
says
First: That the plaintiff is now in
possession of a certain lot or parcel of
land situated at Bluehill, in the County
of Hancock, State of Maine, bounded
and described as follows, to wit:
Beginni1g at the new read leading
now or formerly of c. c. Clough;
thence easterly by land now or former
ly of said Clough to Blue Hill Bay;
thence southerly by the sea or waters
formerly of A. G. and II, A. Parker
thence westerly by said field fence to
the new road; thence northerly by said
new road to place of beginning, con-
being the same premises described in
deed from Charles H. Bartlett to
Thomas L. Macdonald, dated March 4,
A. d. 1908, and recorded in the Regis
try of Deeds for the County of Han
cock, State of Maine, April 4, A. D.
1908. in Book 448, Page 232, the said
premises having been devised by said
Thomas l.. Macdonald to the plaintiff
under his will duly probated by the
Probate Court in and for said County
of Hancock. State of Maine.
Second: That the plaintiff and her
predecessors in title, under whom she
claims, have been in the actual, peace
able, open and notorious, continuous,
| exclusive and adverse possession of
therein, namely the fee simple thereof,
| for more than four years, to wit, more
| than twenty years, and that she has
| acquired all legal and equitable title
| simple and is still in possession of all
of the same as the sole owner thereof.
Third: That there appears upon the
record in said Registry of Deeds GER
! to Frank A. II. Norcross, recited there
| in then resident of Melrose, Common
wealth of Massachusetts, dated May
| ~, A. d. 1889, recorded in said Regis
| try of Deeds June 10, A. D. 1889. in
| Book 2S5, Page 1913, a copy of which
is hereto attached, marked Exhibit A,
and made part hereof, that such
instrument. as per the records at said
| ton therein used, one undivided eighth
| of the premises described in Paragraph
| First of this bill, and that said instru-
| ment is a mortgage and should be so
| declared, said instrument being here
matter referred to as a mortgage.
Fourth That neither said Frank A.
H. Norcross nor any person claiming
| under him, have ever taken any steps
| to foreclose said mortgage, or entered
into possession of the premises de-
| scribed in the First Paragraph of this
bill, or paid any taxes thereon, or made
| any claim of any interest therein.
| Fifth: That said mortgage was not
/ in fact genuine or bona fide mort
gage and did not in fact secure any
any real Indebtedness due from said
| Arthur M. Foss to said Frank A. H.
| Norcross.
Sixth That if in fact said mort
| gage was genuine and made bona fide
and any Indebtedness was thereby
secured, all of the same has been paid.
Seventh That no discharge of said
| mortgage appears recorded IN SAD
| Registry of Deeds.
Eighth: That said mortgage and
said record thereof create a cloud upon
the plaintiffs title to the premises
described in Paragraph First of this
| and prevent ready sale of, the same,
and any possible claim under said
mortgage by the defendants, can not
| be met by the plaintiff without the
| production of evidence
Ninth: That the defendants claim
or may claim some rights, titles or
interests in the premises described in
the First Paragraph of this bill,
adverse to the plaintiffs said estate
| therein; that such claims create a
cloud upon the plaintiffs title to such
premises, depreciate the market value
of such premises, and prevent ready
sale of the same; and such claims can
not be met by the plaintiff without
the production of evidence.
Norcross, his legal representatives,
heirs and persons who may claim
| under him, are not within the juris-
| diction of this Court, and such persons
| and their residences are unaScertained
and unknown to the plaintiff after
| dligent search for the same, and none
| of them can be actually served person.
ally with process and thus be made
! personally amenable to a decree of
| Eleventh: That the plaintiff is
! without an adequate remedy at law
! in the foregoing matters.
| Wherefore the plaintiff prays that
| this Honorable Court may
(a) Order such notice to the de-
| PENDANTS as may be meet and proper,
the plaintiff hereby expressly waving
| oath to any and all answers which may
| be filed in behalf of any or all the de-
| PENDANTS
CD Appoint as it deems desirable
| guardians ad litem, or next friends, or
| agents, or persons specially to repre-
| sent parties unascertained or not now
| in being, for any or all of the defend
| ants.
Co Issue a decree far as the
! premises of the plaintiff, described in
| Paragraph First of this bill, are con-
cerned cancelling said instrument
| from SAD arthur M. ross TO Sdlu
| Frank A H. NorcrosS, or declaring the
| same to be a mortgage, and in some
| manner effectually and fully discharg
| ing such mortgage as against said
| premises of the plaintiff.
(d) Issue a decree removing the
| cloud resting on the title of said
| property of the plaintiff by reason OF
| said instrument from said Arthur M
| Foss to said Frank A. Fl. Norcross
and any possible claims which may be
made hereunder by any or all the
| defendants
| (e) Issue a decree in rem, or in
| personam, or both, as the case may
| require, establishing and declaring the
! validity, nature and extent, of the
| plaintiffs title to the premises. the
| subject matter of this bill, removing
! all possible clouds upon the plain
! tiff's title to said premises and barring
! the said defendants and any person or
| persons by, through, or under them
| from making any claim to said
premises.
CO Grant such other and further
relief as the nature of the case may