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

before the Court:
George B. Keycs, Brat,leboro,
George b, Kellogg, Rockingham.
The first heard was that Of
Shumray rs. Shepdrd.
II was upon exceptions the decision OF the Coun'
ty Court in accepting the report of an auditor.
Il was argued by A. L. Miner Of Manchester, and
j. Roberts
The Court, by Rcdfeld j. affirmed the decision OF
The C-saty Court.
Salisbury, .4dm'r of EJene=er Tafi, Josiah 1ah
This was a bill in Chaneefy brought by the Orator.
TO set aside and cancel conveyance Of farm by the
iutestac to the Defendant his son. upon the ground Of
fraud nadequacy and mental mbeciliy
The case has been pending number OF years, and
an immense mass Of testimony has been taken, mostly
bearing upon the question Of theeapaey OF the grant.
or The deed was executed in 1883, when the grant
or was nearly 80 years Of age.
The testimony gave a very minute history Of the
old mans life for years before and aer the execution
Of the deed and very contradictory in its ehafac-
ter Some Of the witnesses representing him as far
gone in senility and imbeciliy aud Others having
az much or more strength Of mind Than in gener
al at his age.
The amount Of the testimony is shown, by the fact
tina, the reading Of il occupied hours, and that
the copies Of ii for the Court 500, at the le
gal rate per folio.
1t was argued at the last term Of the Court and was
reareued at this term by A. Reyes and j. Roberts for
Plaintiff, and J. Dor Bradley and w c. Bradley for
Defendant, and with very great elaborateness and
ability on both sides
The Court gave no decision.
Smith, .4dmiaisiraior Us. a. J. Pollard.
This was an action Of eieciment for lands lying in
Grafton.
The Plaintiff derived title TO the lands from lease
from the town OF Grafton and in his chain OF title was
deed from Alexis Blood to Luther Blood.
The Defendant derived title from lease from "The
Society for the propagation Of The Gospel" aud in his
chain Of title assignment from Alexis Blood OF
subsequent date TO the deed OF Alexis Blood 10 Lu.
Their Blood.
The County Court held that the defendant was es-
topped from setting up his tile by virtue Of the
nant Of warranty contained in the deed from Alexis
to Luther Blood, and that any after acquired title o.
Alexis Blood, enured TO the benefit Of Luther BLOOD
and his as1gnees.
The deed in question quit claimed 10 Luther Blood
all the graniors right title and interest, property ant
estaten in the land, "To have and to hold the sais
premises with oil the privileges sppurennnces unu
the said Luther Blood his heirs and assigns forever
so that the said Alexis Blood, any other persol
or persons in my name behalf shall OF will hereafie
claim demand any right or title 10 the premise
aforesaid" The defendant excepted.
The case was argued for the rlG by w. C. Hradle.
for the defendant by Asa Reyes & G. I. Walker
Davis J.
The deed in question is a mere quit claim. Tn
clause or covenant under which Plaintiff claims TO sc
up this estoppe, is part of the hnbendum and shoul
not be made to extend the meaning Of The conveying
part OF the deed il il be otherwise construed.
The word premises upon which The Plaintiff mhinl
relies often means the land, but may mean the ineres
conveyed, and this is the proper construction here.
This is in accordance with the decisions in Sumner
Williams, 8 Mass. Rep, and Comsioek vs. Smith, ]
Pick Al II may also be doubted whether The doc
trine of estoppels apply to lease hold interests. On
Smith Leading Cases, 400. Judgment reversed.
Lirermore vs. Bond.
This was an action on a note payable at defendant
mill 10 lumber, and was tried al the May term Of III
County Court, is45.
The defendant pleaded tender anil payment and CAV
evidence tending prove that on the day the note e
due, he turned out sufficient quantity of lumber
pay said note.
1t appeared that on that day the defendant set apa
Two niles of lumber for the plantii--one coninnin
s,425 feet, and the other 2,sl0, in all 56S5 ieei-an
marked the name of the plaintiff and The number {
feet thereon that there was thrown into said pile
some two or three hundred feet Of lumber not measu
ed that the 56s5 feet the price fixed by appraiser
called by defendant was not sufficient 10 pay the noi
but that the unmeasured lumber thrown into said pl'
together with the 56S5 feet sufficient II turtle
4 appeared that the lumber measured and set apa
before shutdown, but the measurements were not ioole
~, nor the amounts thereof together with the flnli
a's name marked upon said piles until after sundow'
The Plaintiff contended and requested the Count
Court to charge that the tender was not complete UNI
the lumber was Marked and that that being done ai''
shutdown the tender not made in time, and that u
defendant was bound By the amount OF The lumber
marked by him on the piles and was estopped iToi
showing that there was larger amount of lumber
but the Court charged that il there was lumber enoug
set apart before sun down TO pay the note the iend
was sufficient although not marked until alleT sundow
and that defendant was not csIopped from shewin
the true amount Of the lumber. There was also
question about The interest Of witness.
The Plaintiff excepted.
Arpucd by A. M. Albee and w. G. Bradley 4
plaintiff, with whom were Walker & Kellogg and
Keyes for defendant with whom wasJ. F.. Butler
The opinion Of the Court wasdeliveTed by DAVIS,
There is no error il ihe charge OF the County Cour
The only question was whether lumber enough w
turned out aud set apart Neither the measuring
The making were essential, and the lactihat they we
not completed until after sun down could not vita
The tender Judgment affirmed
> W. b. Wells u.s. Amelius G. HOward.
!, This was an action on two promssory notes, m Al
a by the defendant, and another to Sam'l Dexter
N lonis, Mich.