1871-12-05 Trustee Committee on Lots, Superintendent Folsom to Batchelder, 1831.036.024A

C. W. FOLSOM SUPERINTENDENT SUPERINTENDENT'S OFFICE, (P.O.) Mount Auburn, Mass. Dec 5, 1871

S. Batchelder Jr. Esq.

My dear Sir, Yours of today received about Cole & Rice lots.

I think Mr Cole does not exactly understand the state of the case, altho' I wrote him.

Mr Rice bought lot 667, Mr Cole bought lot 668 as defined on underwritten plan, which shows them.

N W + E S

Yarrow Path, s.br.

[?] Henry Rice [?] ³/₃₉ R. C. " Mr Cole " " 667 cut refers to Nate Plan _C.occ. 667 _R.occ. 668

and 667 is cut properly on the lot to which it belongs.

But it seems that Mr.

[In margin] M^r Jonathan Cole states that if he is permitted to change the figure "7" in the N^o "667" which is cut on the monument to the figure 8, so that the number will read 668, all that he desires will have been accomplished. S. B. Jr Sec'y.

Rice has taken possession of Mr. Cole's lot, & Mr. Cole of Mr Rice's.

Now it seems to me that ^ ^{to make a cure} legally either they will have to mutually move out, or else exchange deeds, or else have the numbers of the lots altered by vote of the trustees; & the changed number recut at their expense; - for even if the Corporation did cut it, (which I do not think probably, as it is on the base of a large monument, cut in handsome larger figures, apparently by the make in making the mon't,)

it is cut right & where it belongs, & we could hardly be called on to cut it over free of charge.

Of course I may be wrong about some points of the history of the lots, as I was not then here; but the above is the best light I can get from the facts I now have.

There may be some one connected with Mt. Auburn who knows something of the history of the lots; - if I can learn anything additional, I will let you know.

Yours very truly C W. Folson Supt.

(over)

P.S. The only easy & satisfactory remedy that occurs to me is for the parties to each deed their lots back to the Corporation, and take out new deeds running in the same numbers, but describing their lots as they now hold them. The number on 667 could thwen be recute & changed to 668.

C.W.F Supt.

667 668 Col. C.W. Folsom, Supt. December 5, 1871, Referred to Com. on Lots April 10, 1872. (V=146.)

[In pencil] Acc 1831.036024A