Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1926-01-27


In Equity.
Adelaide Virginia Macdonald, also
known as Adelaide Carson Macdon-
aid,
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-
sentatives, heirs and persons unas
certained and unknown, claiming
under said Frank A. H. Norcross, and
SAYS
First: That the plaintiff is now in
possession of certain lot or parcel of
land situated at Bluehill, in the County
of Hancock, State of Maine, bounded
and described as follows, to wit:
Beginning at the new road leading
from the Village to the Falls, at land
now or formerly of c. c. Clough;
thence easterly by land now or former
ly of said Clough to Blue Hill Bay;
of said bay to the field fence now or
formerly of A. G. and H. A. Parker;
thence westerly by said field fence to
the new road; thence northerly by said
new road to place of beginning, con-
tanning sixteen acres, more or less,
being the same premises described in
deed from Charles H. Bartlett to
Thomas L. Macdonald, dated March 4,
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
said premises, claiming freehold
elerein, namely the fee simple thereof
for more than four years, to wit, more
acquired all legal and equitable title
to said premises absolutely and in fee
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
tain instrument from Arthur NJ. Foss
to Frank A. H. Norcross, recited there
in then resident of MelroSe, Common
wealth of Massachusetts, dated May
II, A. D. 1889, recorded in said Regis
try of Deeds June 10, A. d. 1889. in
Book 235, Page 1898, copy of which
is hereto attached, marked Exhibit A,
and made a part hereof, that such
instrument. as per the records at said
Registry, may include in the descrip-
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 a genuine or bona fide mort
gage and did not in fact secure any
actual Indebtedness, there not being
any real Indebtedness due from said
Arthur M. FoSS to said Frank A. II.
Norcross.
Sixth: That if in fact said mort
gage was genuine and made bona fide
and any Indebtedness was thereby
Seventh: That no discharge of said
mortgage appears recorded in said
Registry of Deeds.
Eighth: That said mortgage and
said record thereof create cloud upon
the plaintiffs title to the premises
described in Paragraph First of this
bill, depreciate the market value of,
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
adverse to the plaintiffs said estate
therein; that such claims create
cloud upon the plaintiff's 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.
Tenth: That the said Frank A. H.
Norcross, his legal representatives,
heirs and persons who may claim
under him, are not within the juris-
dction of this Court, and such persons
and their residences are unascertained
and unknown to the plaintiff after
dilgent 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
this Court.
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.
(b) Appoint as it deems desirable
guardians ad Item, 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 decree SO far as the
premises of the plaintiff, described in
Paragraph First of this bill, are con-
cerned, cancelling said instrument
from said Arthur NJ. Foss to said
Frank A II. Norcross, or declaring the
same to be 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 or
said instrument from said Arthur M
Foss to said Frank A. II. 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