Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1847-03-11

luminous. but the defence may be thus stated; In
Sept. 1886, the said Dexter executed bond TO the
makers Of Inc notes. ia which he bound himself TO ex-
ecue to the makers a deed Of a certain lot Of land in
Iona. within year from the date, and on the pay
menl of the said two notes and building house on
said lot The next doy after the execution OF said
bond Dexter decided the lot 10 one Huichps, and the
title continued in him and his grantees during the year
and for eleven months thereafter and that the notes
were prosecuted for the benefit Of Dexter.
The Plaintiff replied tina, the deed to Huicbins was
executed by mistake, and that Dexter purchased The
title back before the defendant injured by said con-
yeyancc
The question was whether the conveyance by Dex
ter to Hulchins, thus putting il out OF his power TO
fulfil the conditions Of The bond released the makers OF
the notes from the payment thereof or whether they
are bound 10 the payment at all events, end were IN
der the necessity Of looking their bond for redress
1t was argued Tor Plaintiff by A. Reyes and W. c.
Bradley For Defendant by o. l.. Shancr, with whom
was ]. Roberts. The Court took tho papers with
them.
Noyss u.s. Collins.
! This was on appeal from Commissioner upon the
estate of Anna Collins, allowing account Of the De-
PENDANTS against said esiaie and referred 10 an au-
dtor TO whose report in iavor Of the defendant exeep-
tons were taken and were oyeTfulcd by the County
Court aud exceptions taken by Plaintiff.
The interstate was a very aged and inffm lady, for
several wears unable to take care Of herself in the
CENT Of pension Of $500 per annum for some years
during the latter portion Of her life, and was supported
by the defendant her son, who received the pension
money. Tie Defendant charged Tor her support and
credited her Tervi7s money II did not HTnear mat
there was any express contract UPsy for her support
+ bot the audhor found balance due the defendant
The Plaintiff Counsel contended that from the rea-
Ii .I IN pnv ga
support could be raised that defendant must have fur
nishel the support either from love and affection, or
from mere expectation Of bounty, and in either case
he could not
The rasc was argued by W. c. Bradley for Plain
TO, with whom was o. l.. Sha0er, aud for defendant
By c. I. Walker and A. Reyes
REDTIELD, Justice. The only question for Us, is
whether the County Court erred IN matter Of law 10
accepting the report II is eonended that here wal
no contract, expires implied. We think the rela
ton of debtor and creditor did exist. The pension
money was drawn and expended in support Of the in
!, ieslale. The expectation that the pension would b
: applied to her support must have existed Judgmen
affirmed.
j, Jamaica re- o,enshend.
:, This was an appeal iium an order Of removal o
>. one Clayton, paupcr. The pauper had defivaliv
settlement in Townshend but had resided in Jamsic
:, 30 DAYS, during which lime he resided in the town
!, Londonderry, where he had removed with his fami
4 and most Of bis effects. II appeared that Clayton ha
bargaincd Tor piere Of land in Jamaica, and had Gu
some logs for the rorpose Of building log house there
on and there was testimony tending to prove, that
IN intended to build said log house speedily, and reiur
to Jamaica. But the Court charged that aihoug
=. this nigh be the case, yet If the pauper had actual
. removed with his wife and family and most Of his fol
niture and had no shelter OF dwelling house in jana
- ca then in existence TO which he intended TO return
= and intended remain in Londonderry until he hui
n said house. such residence in Londonderry would brea
!, the continuity Of his residence in Jamaica. To lh
the defendant excepted.
=. Argued for Plaintiff by j. Dor Bradley with whoi
?. were J. f. Butler and A. Reyes. For Defendant W
IL C. Bradley aud J. Roberts, with whom was o. |
of Shaller.
ID RLDrIELD, Justice. This is question OF residence
Did the 80 days staying in Londonderry amount to
I'd dwelling Clayton did not go from the 90 |.
nd but from some part Of the town where be did
id intend TO return. There was then repe
40 tendi He did eSpeet to create a dwelling house, b
Pr il makes no difference when this was being merely
ON prospective residence All persons either reside
Ter or transient. Was Clayton with his wife, family
es effects transient person in Londonderry Could Il
authorities have so treated him In this count
ey with The migratory habits Of our people amos, all
dences are or less temporary. Had Clayton i
tended reside 10 Londonderry year under precise
he the same circumstances could any doubt have exse
SET This matter Of domicl is matter OF fact hI
nd intent Judgment affirmed.
ne Dir u.s. Dummersioa.
This was action Of debt on award, and Il
lly only question raised by the pleading was whether
est leclmen have the power 10 submit claim against d
= town to arbitration. The County Court held III
they had such power and gave judgment for the Pa
70 ii6, and Defendant excepted.
DC Argued BY A. Reyes for Plaintiff, and C. ]. Walk
md for Defendant with whom was j. u. Bradley.
HALL J. Under the old Statute il might be dit
cult 10 find the power claimed for selectmen in Il
rs cuse but the Revised sstuies have enlarged their POI
he cr They are by Sec. II, Page 81 of Revised Saiui
authorized TO audit aud in their discretion allow clar
I'VE against the town for money paid services perorme
Tell In schoT VS. Bloonfed, W. Rep. 472 it was he
to that an agent of town expressly authorized TO
promise" a claim might submit the same to arbiralio
art Srleclmen have no less power We do not intend
ing say that all matters may be submitted, but such
md eetmen have authority 10 'audii and allow" Jud
oil ment affirmed
lies johnson, By his next friend u.s. Johnson.
uF- This was o libel for a decree of nuily Of maria
e's for the mental incompeiency Of the husband. N
1e' lion ior continuance was urged by j. Roberts and
lies L. shaier for lbeIee and opposed by C. l. Walker a
her A. Reyes for lbelant. The case was continued.
~ The following divorces were granted
~ Franklin Us. Frankiin CONSOLIDATION Of vii
y" Roektoood Us Roektrood. Cause--adultery Of hC
a., band.
~, Herrick Us. Herriek. Cause-same.