"Mary H. Whitmore of Mt. Desert, in said county and state, complains against Sylvester B. Brown and Pedrick D. Gilley, both of Mt. Desert, and says:
"(1) That subject to the rights of the public in and to the highway crossing the premises hereinafter described, and subject to a grant to William W. Vaughan under date of January 1, A. D. 11)03, of the right to have the flats of your petitioner at Northeast Harbor, Maine, clear of any structure for three years from the date thereof, your petitioner is seised and possessed of certain real estate at said Northeast Harbor, in said town of Mt. Desert, particularly described as follows, to wit:
"Bounded northerly by land of Manchester heirs, westerly by Somes Sound, southerly by the land of heirs of Nathan Smallidge and land of Helen Smallidge, Avella Holmes, and Annie B. Lindsay, and easterly by Gilpatrick's Cove, all as will more fully appear from original instruments of transfer or office copies thereof to be produced in court
"(2) That the said respondents are maintaining a wharf and buildings thereon upon the shore or flats in the tide waters at the head of said Gilpatrick's Cove, which said wharf and buildings, as your complainant is informed and believes, and therefore alleges, are wholly or in part situated upon the premises hereinabove in paragraph 1 of this bill described.
"(3) That on February 14, A. D. 1903, a hearing was held by the selectmen of said town of Mt. Desert, in the building upon said wharf, upon petition by the said respondents, under (then) section 60 of chapter 3 of the Revised Statutes of said state of Maine, for permission to extend and enlarge said wharf, which application and petition was by said selectmen then and there refused and denied.
"(4) That on March 24, A. D. 1903, a second hearing was held by said selectmen of said town of Mt. Desert, in the said building upon said wharf, upon another petition by the said respondents, under said section 60 of chapter 3 of the Revised Statutes of said state of Maine, for permission to extend and enlarge said wharf, which application and petition was then and there not granted by said selectmen, but leave to withdraw said petition without prejudice was by said selectmen to said respondents granted.
"(5) That your complainant is informed and believes, and therefore alleges, that the said respondents are illegally and without proper authority maintaining said wharf and buildings, as above set forth, in said tide waters of said Gilpatrick's Cove, in that no license or permission to erect or maintain any wharf in the tide waters of said Gilpatrick's Cove has at any time ever been granted by the municipal officers of said town of Mt. Desert, as required by the provisions of said section 60 (now section 96) of chapter 4 of said Revised Statutes, or by other proper authority, and that said wharf and buildings, as at present maintained, obstruct or impede, without legal authority, the passage of the harbor or collection of water known as 'Gilpatrick's Cove' aforesaid, and therefore constitute a public nuisance under the provisions of section 5 of chapter 22 of said Revised Statutes.
"(6) That your complainant is informed and believes, and therefore alleges, that, notwithstanding the said illegal existence of said wharf and buildings, and notwithstanding the said refusal of the municipal officers of said town of Mt. Desert to grant permission to said respondents to enlarge or extend said wharf, the respondents illegally and without authority threaten to construct, and are about to construct, erect, build, maintain, and extend the said wharf into said tide waters of said Gilpatrick's Cove.
"(7) That the said wharf and buildings, as at present constructed and maintained, are not only an encroachment physically upon the property of your complainant as hereinabove particularly set forth in paragraph 2, and a public and common nuisance as hereinabove set forth in paragraph 5, but also especially infringe otherwise upon the private rights of your complainant in that the said wharf and buildings in their entirety injure and depreciate the market value for purposes of sale or rent of said real property of your complainant so situated upon said western shore of said Gilpatrick's Cove, and in the immediate vicinity of said wharf, and destroy and materially injure many rights and privileges of your said complainant
to which she is lawfully entitled in connection with the use and ownership of her said real estate, and are, in fact, an actual nuisance to your complainant, depriving her of her property for private uses, and without compensation.
"(8) That any extension or enlargement of said wharf will add to, and increase, the injuries to your complainant as above recited.
"(9) That your complainant is informed and believes, and therefore alleges, that she has no plain, complete, and adequate remedy at law.
"Wherefore your complainant prays:
"(1) That the said respondents, their servants, agents, and employés, be perpetually enjoined and restrained by writ of injunction from maintaining so much of said wharf and buildings as stand or encroach upon the premises of said complainant as described in paragraph 1 of this bill, and that such portion of said wharf and buildings be declared a nuisance to your complainant, and that said respondents be ordered and required to remove the same forthwith, and that any orders, decrees, and necessary processes issue from this court to secure the abatement of the same.
"(2) That the said respondents, their servants, agents, and employés, be perpetually enjoined and restrained by writ of injunction from extending or enlarging said wharf or buildings.
"(3) That, upon hearing, said respondents, their servants, agents, and employés may be temporarily enjoined, pending these proceedings, from constructing, erecting, building, or maintaining any extension of said buildings or wharf into said tide waters of said Gilpatrick's Cove.
"(4) That subpœna in the usual form may issue to said respondents, commanding them to appear and answer this bill of complaint, as provided by law, but not under oath, answer under oath being hereby expressly waived.
"(5) And for such other and further relief as the nature of this case may require, and to this honorable court may seem fit and proper."
"The answer of Sylvester B. Brown and Pedrick D. Gilley, who say:
"(1) That they have not information in regard to the allegations contained in the first paragraph of the plaintiff's bill. They therefore deny the allegations of said first paragraph.
"(2) They admit that they are maintaining a wharf and building thereon at the head of Gilpatrick's Cove, so called, which said wharf with the building thereon, is partly above and partly below the line of high-water mark in said cove, and which said wharf is constructed entirely upon the land and shore owned by and belonging to them, the defendants. They deny all other allegations in the second paragraph of said plaintiff's bill.
"(3) They deny the allegations contained in paragraphs 3, 4, and 5 of the plaintiff's bill.
"(4) They admit that in the fall of 1903 they were preparing to and intended to enlarge their said wharf by building a portion on to the easterly side thereof, but they deny all the other allegations contained in paragraph 6 of said bill.
"(5) They deny all the allegations contained in paragraph 7 of said bill.
"(6) They deny the allegations contained in paragraph 8 of said plaintiff's bill.
"(7) They deny the allegations contained in paragraph 9 of said plaintiff's bill.
"(8) Further answering, the said defendants say that they are, and have been for several years, the owners of a small tract of land at the head of Gilpatrick's Cove, conveyed to them by Arthur Gilpatrick by his warranty deed dated February 1, 1902, and recorded in volume 378, p. 332, of tie Registry of Deeds for Hancock county, Maine, described in said deed as follows, to wit:
"A certain lot or parcel of land situated at North Bast Harbor in said Mt. Desert bounded and described as follows:
"Beginning at a stone post set in the top of the bank at the Gilpatrick's Cove, so called, on the south side of the town road and in the eastern line of land conveyed to said grantor by Samuel N. Gilpatrick [here follows the technical description of the premises], containing one and twenty one hundredths (1.21) acres more or less, exclusive of ways. Together with the building and wharf located thereon.
"That said wharf with the building thereon, mentioned in the plaintiff's bill, is the same wharf and building thereon so conveyed to the defendants in said deed from Arthur Gilpatrick, that said wharf is entirely constructed upon the land described in said deed; that said wharf extends over the line of high-water mark of said Gilpatrick's Cove in a southerly direction about two hundred feet, and is about forty feet in width; that the distance from the outer end or head of said wharf to mean low-water mark is about six hundred feet; that the highway road passes by and adjoins the...
