The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1856-06-11
Home Items.
CURT, JUNE TERM u


Tuesday and Wednesday, June 3 and a.
From the history of the case it APP
peared tina, in the year 1871 the Gov
ernor, Council an3 Assembly of Vermont,
granted the township to certain proprle'
tors, among whom was aaron l. Bose.
Itappeared from the proprietors' records
that the lot in question was subsequent
ly recognized as Aaron Jordon Booge's,
and there was no evidence that 10 ever
conveyed it away or in any way occupied
it, There was no direct evidence to
identify the latter with the original
granter, Aaron l. Boge 1t was proved
that aaron J. B0ogc was The ancestor
of the plaintiff, that the spelling of tho
name was subsequently changed by con-
sent TO Bogue. But there was no proof
that he was tho same aaron j. B0ogc
vino owned lot So in Granville, or to
identify him with A aron j. Boge, one of
the original proprietors Of Granville,
(thcp named Kingston) 1t also APP
pcared that Aaron j. Booge, under whom
plaintiffs claimed as heirs, died about 25
years ago at New Lebanon in New York,
where he had resided many years, being
a Presbyterian Clergyman, and that the
original rroprietors Of the town of Gran
vile, most of them resided out of the
State, chiefly in Wooster Co. Mass and
Hartford Co. Ct Nothing appeared as
to the residence of Aaron |. Bogc, or
of Aaron J Booge, previous to the resi-
donce of the latter in New Lebanon
The lot in question was conveyed by quit
claim deed to the other plaintiffs by F.
S. Bogue in 1853. 1t was proved thot
Lewis Bigelow, one of the defendants,
had been in undsputcd possession of the
lot since 1912.
The evidence for the plaintiffs consist.
d of the original charter Of the Town
ship, the records Of the proprictors the
town records, the testimony of Frederic
S. Boguc, plaintiff in the case and other
witnesses, the real testimony being
chiefly designed to disprovc possession
of tho lot by Lewis Bigclow previous to
1912.
The evidence for defendants was
deed executed to Joseph Digelow IA min
or whcr Lewis Bigelow claimcd) by ono
Marcy in Oct 1886, hut not recorded in
the Town Clerks Office till 1912, and
oral testimony designed to establish
Lewis Bigolow's claim to possession since
1886. Said Bigelow swore to possession
at that time and to various acts Of pos
session confirmed By other witnesses
T.. n. BnIGGs and j PlERrolNr Coun.
sci for Plaintiffs. j. w. STEWART and
CnlTrENpEN for Defendants.
After the arguments by Counsel,
Judge PiERpoINT charged the Jury; LIST,
that it was incumbent on the plaintiffs
to make out title that they could not
recover on the ground of defect in the
title of defendants but in the strength Of
their own; I'd, that they must, to estab.
lish their title, satisfy the Jury that their
ancestor, Aaron j. 3ooge, was the same
person as the original proprietor Aaron
l. Boge, that the plaintiffs were the lc-
gal heirs of said Aaron j. Boogc admit
ted by deft J aud that their tito had
not been superseded By better one !;
and, if all these points were made out,
the plaintiffs were entitled to a verdict,
otherwise not Sd, that il the defendants
had been in possession Is years previous
to the commencement of this Suit in
1853, they would have gained title uu-
der the statute of limitations-and that
recorded deed Tot accompanied by acts
of possession was evidence to other per
sons of their claim. but, unless recorded,
must be accompanied by acts of posses
sion that if the Jury should find title
BY possession tho dcfts should be entitled
to verdict.
The cause was committed to the Jury
Wednesday evening, and after night
session they came into Court unable to
agree-but retired under further instruc-
tions from the Court, and finally gave a
verdict for defendants.
1t will be seen by notice in another
column the Ladies' hold fair next week.
We happen to know something of this
preparation and feel safe in war-anting
satisfaction to their patrons Besides
their at tractive tables of Refreshments
and charming curiosities Of female art
there will be several APPENDICES to the
occasion, which will be entertaining and
amusing. Their Object is worthy of pat