The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-05-27 00:00:00

COUNTY COURT, Tauzszur.

Before Mr. T. IL P. Lefroy,.Judge.
Drake e. Shepherd—Mr. Lock appeared for plaintiff,
Mr. Mamie for defendant —the original claim was for
1:20 Ila 31., of which part bad been paid, the question
being whether two some of .610 had been paid or not.—
Mr. Daniel Shepherd, defendant, admitted the claim, but
said on the 16th of July last, he paid plaintiff two ./.5 notes,
for which he had no receipt Had roads • memorandum
jest eyinnennia in • book. which he produced. Had also
paid .610 tor which no receipt was given' it was paid on
the pavement in front of his house. —Cross-examined :
The memorandum produced was marl* in the book soon
after the tramaction ; but not at the same time as the
money was paid, nor were the entries in rotaticar.
Drake said the defendant came to his house, and he
showed Mtn the books where the amount was ertered,
and the memorandum of his former payment. Shepherd
bad not paid him for a twelvemonth.—The Judge did not
'appose Mr. Drake bad come there to tell a falsehood'
but looking at his state of health. he thought be bad made
a mistake, and his Honour gave verdict for defendant.
Saunders w. Sh•pherd.—Mr. Howard appeared for
Plaintiff. Mr. Hanna for defendant—This was • claim for
about Lit, balance owing on the unchain, of growing peas.
—There wee a sale by Mr, Liam at Higher Burton F m,
of coma 'kr., for Mr. 0. Saunders, and defendant bought
seven scree, or thereaboe drifts. He paid the depo.it:
mosey £lO, leaving £43 I% 64. still due, and defendant
thereon went in and harvested the pea.' but the plaintiff
had not the balance or peen the approved bike
Paired the bill of the auction sal.. .C 4 had been
d into since, leaving VG 176. Si. unpaid.—Mr.
anne urged that the conditions of sale aboold be pat in,
forth. last of thess put plaintiff out of mart There had
been a failure in the conditions—especially the airth. the
"intiff's duty having been to remll the lot 00th. &don-
dant failing to pay.—Mr. F. Labor, eon of Mr. J. T. Motor,
and who masts him at his auctions, said he attended
Burton Farm sale, and Shepherd bought siren eerie of
pea., at ia IL Si per acre, and witness, ea clerk at the
north" booked the bide The terms were—approved
mug in theee month', or cash before removal. The total
amount of the auction amounted to £1,931 His
hither had a large sale at Wimborne, and could of attend
t„.j.,_.4)ro...iiennined by Mr. Run.: The Clerk
tendered Mr. Shepherd • bill for signature—Mr. Alfred
Pearce, clerk to Mr. J. T. gum, spoke to Mr. Shepherd
having the bill tendered to him, when be said he'd look it
over. nice was a di/memory in the measurement
Cross-examined: The estimated acreage at first was
74. it. some perches but it woe brought down to seven
acres. The bill was drawn for 134. at fiat Had
heard that Shepherd was told not to touch the pose. Told
Mr. Marsh the incoming tenant, who was going to buy
them, to be tuitions about the peas, as they in not paid
for.-11r. Hanna did not deny the contract, but it wee
imperative on the milers to re-eall the peas, as the
&Umlaut not poring for them. Then they should have
sued ddendeal for the balance. Defendant and Mr.
Mani, the Wowing tenant, were actually told not to
book the piss, sad, being prohibited from so doing, he
we. tumble to deal with them.—The Judge :1 never knew
an insisue where goods were mold at an auction, where
they mold be takes away without the ow being paid.
Mr. Haase submitted that the matted wee avMded bf
the sellers —The Judge said if a nua wont to as auction
and bought anode without the money, he had only himeelf
to blame. No doubt there must be a verdict foe plaintilf.
—3lr. Hamm asked that easy Instalments Weal be
ailewed.—Mr. Howard offered to take an approved bill
now for three months, although so mesh time has Plant

THZ DZPRICIATION OF LAND.
At Ow Darelunar Couty Clout ern Saturday. there was
so setioa before Mr. T. Z. P. Wray, the lad" "la
attrictsd ams aitoUtioe, sad might serve to Illustrate
tho puma &pro:lotion of lead. It we. In foot. on
appeal by the Duchy of C0,11•11il estate Assiut the
trustees of the ...tote et Kr. Iblward Smith Chi taut Late
of Dowerbeld Farm, aad now insolvent. Mr. Z. a
Chllvott had lowed Dowerleld Farm, at the rent of about
$.lllO per annum, the Wale to mations until 1103. Kr.
Otilloott Maim bocowe Wolves,. Med his liquidation
=4and Mr. En... wee busss. and the
8 dUsisiomd- The Duo&yelilleseliles ea March
lith mit fa • dein. of whkek the gebdpill Mows won for
aspidelleee. and lese al not wins bo the lam Wei