The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1862-11-17

Oxferd County Supreme Judicial Coart.
/, PARIS C. H., Nov. IA, 1862.
DEAR PRESS The S. j. c. commenced its
fall session for this COUNTY last Tuesday, Hon.
Woodbury. Davis presiding. He looks feeble.
understand he came up here last week to
board, and that he is intending to remain a
fewweeks after the Court rises, probably for the
purpose of breathing the pure air that con-
stantiy rests ON this hill, or blows over it,
Doubtless he will find it refreshing.
Gu Tuesday afternoon, after the docket had
been called the court commenced upon
No. 2S-Aibert Je,eett u.s. Geo. P. Whitney
and ais, heirs of VIVA, C. Whitney.
The action was brought for possession Of an
undivided half of grist mill at North Water
ford, valued at $500, and for rents and profits
after Mr.. Whitney went into possession. The
plaintiff claimed title under deed fromlSumner
Stowe, datedSept. IL, 1885, The defendants
claimed title by an attachment of the mill
as Slows property, May Q, 1886, and by levy
in pursuit of the same attachment in the
month of December, 1857. The court held
that the levy was void for irreguarity. The
defendants also claimed to hold, by an adverse
possession for twenty years, aud they claimed
betterments.
1t appeared that Mr.. Whitney entered forci-
bly, in July, 1854, and prohibited the other
tenants from delivering any more toll to the
plaintiff The mill was then old, and of small
value. The plaintiff being aware that Whit
ney and the other tenants intended to pull
down the old mill, and build new one, for
babe it. Nevertheless, they proceeded to pull
down and build anew in 1854. The testimony
showed thct they laid out $4,000 in rebuilding
the mill and dam. Before that time the mill
and site were not worth more than $500. So
the question of betterments was the most i'm
portant in the case. The case was greatly
complicated, and very interesting. Many
deeds, bonds, letters, and other papers were
introduced. Many sharp points were raised
and parted. The evidence was closed on
the morning Of Thursday. The case was
then argued to the jury by Hon. Joseph How
ard with his usual ability. for the defendants
and by ]. G. Woodman, Esq, for the demand
ant After a clear and lucid charge from
Judge Davis, the jury retired. This morning
the jury rendered their verdict for the de-
mandant for possession of said mill, with $50
for interests and profits. They also declared
that they could not find; that said Whitney
had been in possession of the property six
years before the commencement of the action,
and did not allow tor bettcrments. We no.
ticed that Judge Howard raised number of
points that were overruled. Whether he will
except we have not learned. If the verdict
stands, Jewett, who Is poor man, win get a
good new mill for an old one, with $50 for
four years deprivation.
And he will be entitled to all the profits of
one half the new mill from the date of this
writ; probably $1,000 or $1,000 in another ac-
ton.
There is q maxim which says '.Strike while
tie iron is hot" But there is another which
says "Look before you leap"
No. 39-Ira Andre,rs and ais ca. Vim. Mur-
ray was next put on trial. They are still
putting in evidence. Hammoas for plain
lifts, and Howard for defendant.
There are number of cases to be tried, and
it is shought the court will continue through
five or six days next week. OMIcRox.