The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1870-01-28
SUPREME JUDICIAL COURT.
York County, Jan. Term, 1870
rArlxr, j.. rnniDuo. II
orrIcrss IN Auto-piano.

OFFICERS N ATTENDANCE.
Sheriff, RICHARD II. GoprSo. ABSER Mrrcn-
ELL, Crier. Deputy Sherifs, THoMAs TARBox,
d. w. c. MERRILL, A. W. Mason, o. DuRGIS.
Messenger, 0rB c. LrrrLKTIrID. J. d. PULsI.
FER, Stenographer.
MONDAY. Ne. osl.-Charlss H. Roberts Y John
T. Plaistcd. Action on the oase Cor deceit Tho plf
In March 1863 bought defts. farm In Biddeford and
paid him therefor $3Do The plf sAys that the def;
out more land than his deed 70 the plf. covered.
The Plaisted field Is square piece Of land ono cor.
ner Of which crosses the Lyman road, and Is bound.
ed on three ,idss BY land q Day, q Col Lowell
he bargained for, but the land In the rear Of the
field, the pasture and woodland, forming o part OF
the Paisted arm bulges out in an irregular outline
and Is bounded except the part that jcins the hea
swan pond creek and the Piaisted creek and 10
wider across than the field In mont.
As matter Of nct, at The time ths PIE purcn,,scS
twelve acres, bounded by Paisted creek was In the
ownership NOS OF tho def. but Of ono Hooper who
ut ono time had run fence from the middle OF the
swan pond creek and Plaisted creek. But some
seven or ten years ago Hooper concluded that the
pasture would mt pay for fencing and abandoned ~.
The fence Is no longvr standing but vestiges OF u
The Hooper lot runs by the end Of Col. Lowell's
land 10 the creek, and Plasted, who was occupying
the Hooper lot In connection with his own, " ave
building long fence run short one from tSwelrs
land 10 the creek. cutting of corner Of the Hooper
Before def sold 10 plf, he had bargained his arm
70 one Stackpole. for 5000, IN which bargain tne
had paid him $50 for his lot but had not taken any
deed, and 10 save trouble, expense or questions haa
promised the deed direct to Stackpole or anybody
The pif says that in Feb. and March, when he
was shown tho premises by den, the ground was
covered with snow; there was no noticeable ience
running 70 me pisss s.sepns Ss Sasn asked
him n his line by Col Lo.elps land went straight
TO the brook. Io says, no, II don't II goes down 70
the corner OF Col Lowells land, then II takes di
ferent course In straight line, as the fence starts
and goes to the crock aftsr II goes TO Col Lowelps
corner but he says shant SEQ the whole OF y un-
less 30 outside Of the fence; says ne, ths fence
cuts of little peak that amt worth isIsS, G g. NJ
and you don't got Oh my land.
Pif says that his uncle and father went with him
again 70 view the premises, and the deit. Ysve tne
same description. lie says that when the deed was
made the def. gave the boundaries 10 Uncle Dimon
Roberts, who wrote the decd, and AFTER II was all
written, stated that u covered tho same premises
before pointed out 10 him that with this belief he
took the decd and paid over the money, and aiter-
wards found that his deed did not cover the Hooper
lot pointed out 10 him rs part OF the Paisted ot
that he was deffauded TO his damage, and therefore
brings this suit.
Defence. didn't point you out the Hooper lot rs
mine, IL wasn't mine IL spoke OF any fence, y
did point out the Hooper lot TO Stackpole, and
agreed 20 procure deed Of II nom Hooper ~ MIN,
but made no such agreement with Pill. Stackpoie
backed out because Of my fathers claims, which
claims had to buy of for large sum before gave
clean deed to plE Tho plf gets all the land that
his deed covers and II II don't cover so much as he
expected, that's his FAULT not mine. lie shouldn't
20 into trade OF this sort with his eyes shut, anu
then complain that he has been defrauded. trado
Is trade, especially In real estate.
The Judge instructed the Jury; III the def. al inc
time the deed was made and delivered, with intent
20 deceive and deffaud the plf, falsely and naudu.
lently represented 10 him that the piece OF land
known In this trial as the "Aoxander Plaisted lot"
WAS embraced within tho lines described In his deed
10 the plf, and the plf not knowing il was untrue
was induced by said representation 70 accept the
deed and pay the consideration money agreed 70 DO
paid, and was thereby deffauded, he may maintain
an action for damages he has thus sustained.
Ordinarily q PARTY is required to use ordinary
diligence In making purchases Of either real or per-
sonal property In order ~ obtain RELIEF rom any &c.
fects subsequently found, but In this case instruct
you II the plf saw ft TO take his deed upon the rep
rcsentation Of the defendant 10 what particular
pieces Of land lay within certain description, and
the def. saw ft to mako such representation IL Will
the exercise Of diligence would have frustrated
his plans II the representations werc such rs were
we'll calculated 10 deceive.
The trial OF this case occupied Monday and Tues
day. The Jury returned into court wednesday
morning. Verdict for plf, 500.
Motion for new trial and exceptions hied
WEpsrspAY. No. 257.-Charlos A. J. Blake vs..
AlonIo T. Kimball and Richard L. X. Grant. 40
count annexed for three weeks two and 0ne-haif
DAYS labor In defs.' livery stable in Biddeord In
Sept, 1865, at dollars q week, $O,75. This
Joint action against deits rs partners kimball was
doiaulted. Grant defends. lie admits tho partner
ship and that the labour was performed by plf In
tho partnership stable, and was worth the phce
charged week. though he didn't work so long rs no
charges for Grant In his defence says, kimbal aud
l carried on this stable together. was a working
man and Kimball was not. kept upon the prem,
lsos and did my half OF tho work. kimoall hired
the plG on his private personal account To do hls
half, and notified the plf when ho commenced
work that he must look 70 Kimball for his pay and
not 10 me,
The pif. in reply says, Kimball was then already
owing mo ty dollars on his private account scforc
the partnership which no was not ready ~ pay,
refused to work for him, longer on his private
Grant employed mo and agreed To see me paid.
Each party presented corroborativo evidence Oh MS
own statement.
As the writ was dated on the 18th Of Sept tho Jury
cut the plf short his time but returned verdict
In his favor. .,,oo
Hubbard. Smith.
bourne, judge Of Probate, vs.. Stephenson. Debt
on Bond. On Trial.
Smith. Drew. ooou"n'