Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1862-03-20

stric,ed the word goods" might have once |
been in Specification, it had received legisla- |
tive construction by its use in numerous statutes
of this State, where it was evidently synoni-
nous with goods and chatels." Some ex.
ceptions were taken to the charge of the Coun- 1
ty Court, but they were not much insisted on.--
Judgment for plaintiff afIirmed.-C. b. Eddy, +.
II. L. Stoughtop, for plaintiff; a. S,oddord,
Butler & Wheeler for defendants
MARCUS WHITE VS.. o. c. FITS Er AL.
Trespass for some cattle. The plaintiff claim
ed title to them by purchase at a sheriH's sale.
The defendant claimed TO have shown such ir-
regularity in the shcrifi's proceedings as to
yitiate the sale. But either from an oversight
in drawing up the exceptions, or from defect in
the defendants proof on the trial in the Coun-
ty Court. it did not appear by the papers in
this Court that the defendants had any claim
upon the cattle whatever The Court declined
to hear the plaintiff in reply to the defendants
opening, saying to them they were in no posi-
ton to question the plaintiffs title, however ir
regular the proceedings of the sheriff had been
having shown no right whatever in themselves.
Judgment for plaintiff aflirmed.-A. Stoddord,
h. W. Smith, for plaintiffs Butler & Wheeler,
for defendants.
MARTIN BROWN VS. CALVIN LAMPHEAR.
Bill in Chancery alleging that the orator
decided to the defendant Il pasture on which
was Il spring of water from which the plain
tif7s house, occupied by him and several other
houses owned by him and rented to several
tenants, were supplied with water by means Of
an aqueduct-that by the bargain between him
and defendant, the spring was reserved with
the right to enter upon the land to repair, &C.,
but that by mistake the reservation was not
put into the deed-that the defendant has cut
off the water pipes, and sued the plaintiff in
tresspass for going on to the land to repair, &c.
and PRAYING that the defendants suit at law
may be enJoined, and The defendant decreed to
convey to plaintiff the spring, &C., cco:ding to
the original bargain.
The answer denied all the material allegations
of the bill. A mass of testimony was taken
the witnesses on one side faty contradicting
for the most part those on the other. The
Court however found facts enough proved to
= .tl. ,,,,., ,o ,.,,,,-,d ,b, oos, ,,;,b ,bo g.,
( '''"' W
lowing
MANDATE.
, The above entitled cause having been heard
in the Supreme Court, and duly considered it
: is thereupon ordered and adiudged that the de-
cree Ui tne O"'ncelio.' u! M''Io:l tnI
an' "''. vi '"'''P'"'' 10 i f' ''
WIN costs' We 'INotSVu' any ','a. .e s".u =;
:. oe Ie"'''.c" " wv NIult VI r,.' -
= rect onS 70 en'e' ucVieG cI, .tio'h ~ VI
''S I'm t''','''' o'I ~ 'a,' 49,, .,,,;
: ri'e u'Ie""1nt ~ IaoI ;h =" Wv sp,,IJ.
e "nl U! q"s'-ci'''' "1eu: W."
If .iic ~ oe nAru "''u "n''' io' ,''". P", t.,r
'ie i'6ti' "eei! W u''" INV u90
!ne sPl'n9 s,tuuieu Oh e .v"'IeS M ,hs
p" ~ s'lu ".'' me- ~. GnoJ ,prntinno,
l. :I In M t,,;,,,, l,,t,,. or tho 18th of Ami
d u, &c Se'I u',r "S c o, noci rnnninc frnr
!, 49, ~! W. m '.; ,;,, oJ n ,so -, tLo t2mn -
! ,h o ",;o nnJ Ji;rnr, of tho soiI decd fo
T e uNo'"'J f ,be d,re" bouscs describrI in m,
+ i1 WY h;n ,ogn,ber vi,2 ,he riobt 70 enter uno,
r ond use the said premises for the reasonable
s and necessary examination, repair, or renewa
. IN br allowed to either marty.
- Or, if the deiendeut shall, within reason
aoie 'ime 20 oe hNcu anu l'hi'9u ior tn", Pu'
Un,'I o,'Ia;ror, On thc rero,n,rnt Inv the cam
g plninant to the derendent Of the amount poit
10 by the defendant as the consideration OF tn
or sald ueeu; 'he same oein one "ulIIeu ., any
ne on,;on ] sn | tn d.. nnd in snch ease the com
b. piainant to be decreed to deposit the sal,
~ amolnt so paid with the Clerk of the Court o
he Chancery ior 'ne use oi 'he uelenuan,' uuu u
i a. W s,,nh oa',,'o,.ooa Tha lima f.,
'' uenteI! oi Suon e'n,eiGnre ~? ,'"'e d'
is MAKING sucn uepuSl', ana LOT CNecut''iS anu ue
ey ;ses ~ ,be comnloinom, IN he onno;nted an
e. I;'n;tod h~ tho saiJ decree And pn the fnilur
or nf ,bo conrlanon, ~ mako such denosit With
tho ,;,,o sn ~ he Tn,;tnI and onnointed ia
,bo, m"r,oso sail crn,rIairnnt,s Hi of con
ed ,ia;,, ,n hn disn,ssed w!, costs IN The de(ent
G. prI'''' pnt
of Tho ;n;,ro,;or horo,ofora ollovad in IN
ooso ~ coyD,;nno forcc and nm ,be foilure of n
'o JafonJcnt J@1 ~ mako sncb .lpc,ion. Io he mad
''.n,'o',,aI For ,bo S"rreu,e Cnw, -
y, EKrtTtoCS Jndco
~ T..,,'1n .r v,.-,, g., ,,,;n,;s
u. W