The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1858-09-04


was affirmed, tho Court holding there was no
variance betweet the declaration and contract
/ given in evidence,
J., a, Cahoon for plG Cooper for def.
/ No.ls. EpLraim Pad,iock y, Nose, hi.
Iircdge. Heard and continued to the general
term for judgment
No, ~. Joseph 4. Hadlry " IVm. ~
/ Horcy, This was on action upon hook ac,
count to which the def. plead in od,rta
note, aud tender ~ 70 The balance Th,
money rendered was brought In before the
auditor, bot then retained by the den. ill
the time Of the trial on the note, a year after
the filing ohhe auditors report iD court The
court held that the den, by 40 doing had not
kept the tender good, and that 10 have done
so, he must have lef the money with the au-
diior, 10 be- by him brought into court with
the report, or must have himself brought Il
into court at the filing Of the auditors rcpor,
thereby reversing the Judgment Of the Coun
ty Court, Willard * Ross aud Davis h,
pic Sloddnfd ! HfsWB Tor der,
No %. Freeman Kct - v. Moses mn r. ,
IT, This was an action Of assumpsit for
rent Il appeared that the PIC in his own
right and by purchase, owned the rights Of
the eight children Of the late Dr. Calvin Jew
cit, IN the homestead, who were oil grown
up and lived away from home and 10y virtue
Of such ownership claimed the rent Of eight.
ninths Of the homestead. The widow claim
ed the right 10 control the homestead, and
that she was entitled to the entire use u tho
same, so long as she chose TO occupy Il her.
SELF or hy family with whom she lived
Tho def. claimed to have rented the prem,
iscs Of the widow, and that he had paid her
the rent IN fun and refused 10 acknowledge
the plC as his landlord, This court affirmed
the decision Of the County Court, holding
that Pr could not rccovcrj lsi, because the
relation Of landlord aud tenant did not exist
between PIC and def I'd, because the de-
mise being wholly 10y the widow, IL PIC was
claiming TO recover as tenant in common with
the widow, for rent In orrar, the widow
should have joined with the plCin the action,
and that even that could no, be maintained
as the case showed there was no rent in ar.
rear; sd, because The design Of tho home.
stead law was 10 furnish a home for the umj.
Is which could not hc severed ON the decrease
Of the husband between the widow and chill
drcn, bat was TO hc wholly under the control
of the widow, so long az She wished 90 occu-
py the same as q home, and that the grown
up children residing away from home, had
no interest in, or control over, the homestead
while 50 occupied by tho widow Clark &
Bartlett for pt Sladc y Edwards for de
fcndaEt (Caaehfael aczt rccck)
Tn STATE lIousr--Roof on aud coppcrcd
dome partly framcd-ond the work Of set
ting the hCavy Stones OF the columns AMI
portico is progressing rapidly On Mondo,
f7Sf, Il copy OF r6riJ 81 the newspapers pub.
lshcd at Montpelier Of Wallou's Vermont
Register for 1858, a volume Of proceedings
and debates the. extra session Of the Lcgis-
laturc tFcb., 1872 and a card giving tho
date Of tho burning Of tho old house, the time
Of the rcbuilding and the names Of the gu.
perin,cndcnt and architects, were deposited
in the fourth stone from the bottoml Of the
fifth column counting from the cast Watch.
man.
\ CrWosrU.-At Mr. Elhins' mill in
North Troy, "a few days since, pfccc Of
black web silk in a perfect state Of prcscrya
ton, together with few birch chips, was
discovered imbcldcd in pine log which was
being sawed. The log was solid save where
the articles were found. There for few
inches the log was hollow. There was no
crack nor holr by which the sill ee,,l,l have
been thrust in, but the tree had grown over
it completely. The silk was nearly a ward
long. How it came Their, is more than We
can explain, and how il could be preserved
for the period that il would take the tree To
grow over tits very strange. irdsbWy Stan
DART.
FIRE ~ WEsrumD.-On Friday night
last, the dwelling house Of MIR. VIM. H. Rich
ordson in Westfcld, took fire, which but for
its early discovery and the kind Offices Of
heavy shower Of rain which began TO fall soon
after it broke out, would have consumed the
building. As it was, however, considerable
damage was done. The fire broke out
through the roof and was supposed to have
been kindlcd by candle as there had been
some member of the family in the chamber
during the evening with Light idsburg
Standard.
y RARE CNsl.--Therc is in the town Of
Coriuth u boy nearly two years old who has
living a father and mother, two grandlathcrs
and two grandmo,hcrs, two great grand
fathers and two grcat-grandmothcrs and
great great GRANDMOTHER. All the above re.
side IN that town except atgrundMihr
and great grandmother, living in the adiom.
ing town Of Washington. The great great
grandmother is "a hearty old lady, OF ouIy
81
ancestors living than this Windsor Jour
nal.
SAGACrH or A DoG.-On Monday malAiug
last, Mr.. John Snow, the stage-driycr between
Montpelier aud Chelsea, left Chelsea (whcrc
L. l. l. l. - Il