Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1860-09-21
Windham County Court.

Windham County Court.
In ESridgc G. .H,son, Err. a. J0scpl
Mason, oPt, partially reported last week
the verdict was for the plf., sustaining the
will
Dorid PsFsjpher .. Ira 4. PukipAer
was the next case tried This was an ac.
tron OF rorcr brought 10 recover for fifty
sheep The plaintiffs evidence tended to
show that in 1898 he became embarrassed
by n claim from Bennington County, and
applied TO his brother, William Pulsipher,
who advanced to him about $4,000; and
TO secure William for the money thus adj
vanced, David turned out all his stock, I'm
e!n'ilng the 30 sheep in controversy farm
| ing Tools, &c. At the inc of this turn out,
Ira, the delft. was present and assisted Will
liam in taking possession of the property,
and by mutual understanding took the
90 sheep into his own pasture Tor William,
and David took some Of Iga's stock to Keen.
| Subsequently William sold most of the
stockSo turned out, and applied the pro-
ceeds Of the sale in pay ment of the S62j, 90.
IRA refused to deliver the 30 sheep in his
possession, and they were not sold with the
rest. Some little misunderstanding having
arisen between David and William, they
referred their matters TO two men, and Da-
vid paid the full sum found Williams due.
Therefore William informed Ira that he
(William) had no further claim upon the
sheep; and David demanded lhem Of Ira,
and upon his refusal TO deliver them, this
suit was brought.
Fhe delft. claimed, and his evidence tend |
ed to show, that in February 1857, Elias
Pulsipher, deil's father, and brother of Da- I
vd, together with his brother William, as
sisted David in perfecting settlement with |
his son Lewis who had been living with
him and carrying on the farm, having a
deed OF one half Of it--that William and
Elias then assumed the payment of Lewis
debts, amounting TO about $500, and to Sc
cure them Lewis gave them a bill of sale
OF all tire STOCK upen The farm that the
sheep IN controversy were then on the farm
and owned by Lewis that William and
Elias left them in Davrd's possession TO use
as has own wihno understanding as towhat
should he done with them; that they paid
i1ewrs debts: that David afterwards paiS
William S4O0upon the same: that Elias died
June 1858: that fra was appointed admin
strator Of his fathers estate, and he claim
ed TO hold the sheep in controversy, by viz
tue of the turn out from Lewis to William
and Elias.
The plf. then gave evidence tending to
show that prior tie the turn cut to William
and Elias, he, David, had purchased all of
Lewis interest in the stock then on the farm,
and that only 6 or of the sheep in con-
troversy were on the farm when Lewis left, |
he David, having purchased them subse.
quent TO the bill Of sale from Lewis TO
William and Elias.
Verdict fol- the plf. for S129,07, it being
the full value of the 80 sheep. Stourhton
y Grant tor plif. j. w. Carpenter and ID. !
Kellogg for deh.
Congregational Society IN HaHtar 4.
,fa8'es Stark and a,other. This was an as-
tion of frespdss On. el., brought for the de.
PENDANTS breaking into the old meeting
house in Halifax and taking and CARRYING
away the stove and pipe therein. The de- |
PENDANT Stark claimed title to the n,eetins
house IN question, and the land on which il |
stood. When the pills. rested, the Court
held, PSe forma, that they had not made
out case, and directed verdict for the
defts' Exceptions by plhs. L. Kirkland
and d. kellogg for plis. Davenport & Has
kins and Bradley Il Kellogg for defts.
Al the conclusion of the above case, the
Court adjourned till Monday morning.