Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1866-05-04

ed to recover the expense and time the
PLAINTIFF was subjected to in making his
defense, in consequence of SO being
charged, and also the damage he has sus.
tanned in his good name and reputation.
The evidence Of the defendant tended
to show that when he purchased his farm
in the spring of 1864, he was informed by
his grantor, that Notwithstanding this tree
was within the enclosure of the plaintiff,
yet it belonged to his farm, and that he
was entitled to the apples growing thereon.
That the fence was not on the true line,
but that the true division line was beyond
the line upon which this tree stood tha,
the defendants grantor had always claimed
said tree, and had gathered said apples
growing upon the same. That the defend
ant understanding that the fence was not
on the true line, and that the tree was his,
when he noticed that the apples had been
gathered by some person, without any ma
licioos intent on his part, applied for and
prayed out the search warrant above men
toned, and caused the plaintiff to be ar
rested for the larceny of said apples.
The plaintiff introduced evidence fur
Their tending to show that the fence, as
then standing, was on the true division
line between their farms, and that it had
been SO understood and recognized by
each of their grantors for more than 10
years prior to the plaintiffs purchase of
his farm.
! The jury returned verdict in favor of
the plaintiff for $3.50 and costs. Butler
IL Wheeler and Davenport for plaintiff
Flagg & Son and Stoddard for defendant.
George w. Sargent, ct. al. VS.. w. H.
Carr.-This was an action in trover with
count in trespass joined for four-horse
sled. The evidence of the plaintiffs tend
ed to show that, in January, 1864, Ezra
Howe, one of the plaintiffs, bought of
Adolphus Harrington one undivided halt
of the teaming property which the said
Harrington then owned, and was running
for the purpose of transporting freight be-
tween Wardsboro, Jamaica and Brattle-
boro, and that the sled in controversy was
part of said property. That on the I'd of
April following, the plaintiff, Sargent,
purchased of Harrington the other undi-
vided half, and paid him for the same ;
that on the 10Th day of April, 1864, the
defendant, deputy sheriff, attached said
said sled on a suit in favor of Frederick
Morgan of Dummerston, against the said
Harrington, and afterwards sold it on ex-
ecution.
The defendants evidence tended to
show that Howe had no interest in this
team, and that Howe, who was driving
the team, was servant of Harrington,
and that the sled was left on the premises
of Morgan, who kept the hotel at West
Dummerston, by said Howe and that the
said Morgan never had any notice that
Howe and Sargent owned this sled.
Tbs evidence of the plaintiffs further
tended to show that Howe had paid 5000
towards said team, and that Harrington
held his notes for the balance that Far
rington notified Morgan that he had sold
to Howe, and also that he had sold to
Sargent. 1t further appeared that Sar-
gent notified Morgan that he had pur-
chased the team property, and that Nor
gan gave Sargent permission that the sled
might remain on his premises where it
then stood.
The jury returned verdict for the
plaintiffs to recover S50.40 damages, and
costs. Haskins and Eddy for plaintiffs I;
Butler and Wheeler and Howe for defen-
dant
State as. Sumner HaH-This was an
indictment for larceny--the respondent
pleaded not guilty and was put on trial.
The evidence of the prosecution tended
to show that on the evening of January
IA, 1865, A. p. Wilder of Brattleboro,
had in use the horse and sleigh of Capt.
B. r. JENNIE, and drove it under the barn
shed of the Brattleboro House-that it
stood there but about twenty or thirty
minutes, when he went to his sleigh and
found that the blanket used by him for
lap blanket was gone--that the Hostler
at the Brattleboro House barns, with two
others were hitching horse into sleigh
which one of those men had just drawn
out from under said sheds and that had
been standing only about fifteen feet from
where Wilder's horse and sleigh was
hitched-that Wilder inquired of the
Hostler if there had been any one round
who would be likely to take his blanket.
Upon receiving a negative reply he then
inquired of these strangers if they had
seen it or if it had not got Into their
sleigh-upon this one of the men started
out towards the street, but the other who
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