Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-04-08

tuUuSHt proper, lie uiU UOt CuFS u~---l
where he prospected. He then got MI
HausrBili to make out an agreemens 70
him which he presented to Mary Adast
with q request to sign After reading th
article she made some objections to sign
ing 1t because her brother was not there
witness told her shat plaintiff could sigl
the instrument at any ti-ne the amour
of ddes did not suit her they then chang
ed the dues from~an eighth to seventh
she then signed the articles in presence. @
two witnesses; after that they went t,
work. They had worked but few days
when Mary Adams made her appearance,
at the diggings, saying she forbid the mel
to put pick in her land'; said she coult
not drive defendant off, but tfsat the Ba
kers should not dig on her land: FOX
her these men were his partners; she saic
she didn't care, they should not work On
her land They had four rails, all they
ever took, carried them back again whcr
done with them, did not chop, destroy
or burn rail or The place.
Mr.. Wilson offered the contract as evi
dence. Counsel for plaintiff objected, on
the ground that there was no proper DIES
cription of property; it was very much
interlined and was writer with two differ
ent kinds OF ink, and in all probability at
different times. The court allowed the
evidence.
! Richard Hammill wrote out the lease,
and there had been no alteration whatever
of the lease excepting the one alluded to
above viz 1.-The 9Th altered to 9TH that
was done at the request Of Mary Adams
Have spent no money on the work, bis Ia.
Dor was worth $40. there were IN part.
nership, their work was worth 800 ;
could fill alt the holes for $l2; did not.cut
down any timber on the place, used little
straw that the cattle had pnlE d out of the
stack. Mary Adams did all the business
of the farm, never saw plaintiff work on
the place except threshing.
Diggery II. Baker sworn, testified: that
the lease was made on the 18th Of Novem-
Der, was present when it was signed, was
called in as witness, did not read the
lease Mary Adams said she would rather
wait until her brother came, then he could
sign it with her, never was informed the
property belonged to plaintiff. When Ma
ry Adams came to them, she said she
could not drive defendant away, Because
he had lease, .bat the others should not
work there. The plaintiff came day or
two after that and took the rope from the
wndlass and. made off with it, leaving him
in the hole, IL feet dep. He could ill up
gall the holes for $40, and make good wa
Eges. Miss Adams claimed to have perfect
control of the property. She had told
witness about having to hire men to do
the work of putting up the fence she was
fretting very much because they had put
the fence little from the line. Said she
had much tronble with the place.
John Baker sworn: He was at the
house of Mary Adams at the time the
lease was signed. She wanted more rent,
so they altered the figures Plaintiff came
10 theur about a week after they com
menced I'd wofk, and swore around con
jerking the wndlass from the
shaft swearing the land was his, and that
defendants strould not work there; could
fill upalI the holes that were left untitled
ia two days.
Mr.. Swim vas recalled: He helped tc
put mp the fence. Mary Adams paid him
for his work. She also helped to put up
the fence spont most of her time at work
and bossing the hands AS far as his
knowledge went, Mary Adams was the on
ly boss around the farm.
Cross examined. says: He was friend
iy toward the plaintiff; have heard him
talk of having digging right. Plaintiff
came to him one day and told him he had
not attended to his business properly. He
agreed he had not, but that he was going
to do it right away, and tnaie for him.
Plaintiff, left mighty Sudden /; has not
troubled or interfered with witness since
that time.
Thomas Mills sworn: Defendants have
worked on the old range dug two or three
holes there; have been working very near
the reserved crevice, but not on the crew
ice. The holes he saw were only few
feet deep; went ON purpose t. see the
holes; had not been there before for sever.
al years; did not see defendants at work.
Mary Adams recalled, says: She did
not read the lease did not. know it was a
lease, but thought it was paper.
Thomas Adams ,recrlled: Defendants
have dug two holes right square in the re.
served creyice.
Mr.. Spensely was willing to submit the
case to the Jury without argument. as
it wa S Saturday evening, and they were
all tired.
Mr.. Wilson said he would ike to present
a few points of law to the court.
The court replied Gentlemen, II
you, talk till your heads are gray, you will
not Change my mind in regard to the points
+of law.
The following is the charge Of the court
to the jury:
verbal contract for the sale OF land ora life in
erest therein provided the vendee takes Possession
is sufficient to transfer title TO reaiesfate The plain
tiff introduces evidence to show that some time in
August, 1862 his sister who had life estate in the
premises described in the complaint, gave the land
up for consideration to him the plaintiff, aud that
he took the Immediate possession thereof The de-
PENDANT introduces evidence to show that no change
III the possession took place after tho verbal CON
tracts. Ii such change did take place under yer ba
contract of sale, the plaintiff has title. and right t.
sue; otherwise not.
The defendants justify the alleged trespasses under
lease from Mary Adams, executed after the alleged
sale of her interests to her brother the paiht This
lease is valid notwithstanding you may believe there
verbal sale to the plaintiff, provided the lessee
not notified by possession or otherwise OF the
transfer to the plaintiff by his sister, and provided
further that the lease was not obfAiacd BY frauduen
representa- If you find the lease to be valid III
strnment it wiipsoteet the defendants they only
On the question of fraud in procuring the lease you
will take into consideration an tile testimony, ant
the lease itself whether it may or may not appea
REASONABLE on its face.
The Jury retired, and after three hour.
returned, but had not agreed upon yer
dict, three Of them in favor of plaintiff.