, 1872-04-18
clerk in the Office, or by Maynard him


clerk in the Office, or by Maynard him
self. 1rsE- af ias-1
V. IF LYDIA A. MAYN9Rp CANNOT
TAKE, THEN THE ENTIRE CLAIM IS DEFEAT
ED AND THE LAND CAN oNIT BE DISPOSED
OF UNDER THE Town SITE LAWS.
1t is sought to defeat the claim oily
dia by means of the Legislative divorce,
and yet procure patent to David S. FOR
the west half. But clearly, unless the
claim can be saved through the equities
of the divorced wife, the entire claim
must go, because of the means employ
ed to procure the $40 acres. The di-
vorce, and the affidavit, vitiate the en-
tire transaction. ,.. s-..
Fraud, both at law and in equity
when sufficiently proved, vitiates the
entire transaction, ab initio, whether the
fraud be intended to operate against one
of the contracting parties or against
the public" Authorities need not be
cited to the proposition, for there are
none against it.
1t can therefore, hardly be supposed
that the Government will say to David,
S. Maynard.
1t is true you settled upon and claim
ed $40 acres of land, half for yourself,
and half for your wife, and after the
settlement you divorced your wife b.
Legislative Act without her knowledge
or consent and without fault on her
part, and by your affidavit sought to
substitute second wife to the property
rights of the first; but now that your
Acts have defeated your claim to the
64O acres, you are justly entitled to 800.
You shall thus be rewarded for Acts
which are but too successful in defeat
ing the claim of your abandoned wife.
No. The legal aid equitable estate
which Lydia A. Maynard to-day has, in
donation claim No 44O, is the super
structure upon which rests the legal
title of all who claim under Davil S..
and Catharine T. Ma ynard.
PLEADING AND PRACTICE IN TERRIToRI-
AL Courts. Since the decision of the
U. S. Supreme Court upon the distinc-
ton between law and equity in the Ter
ritorial Courts, the legal element in this
Territory has been in ferment, as verv
few of the class equaled an Eldon or
Walworth in chancery reading. Our
late Territorial Assembly tried to con-
struct Pons Assinor,m for them, but
it did not please the bar whose studies
reach no farther than the " Code" Ca
majority, it seemed) and the indigna-
ton that should have been legally hurl-
ed at the U. S. S. Court was vented nm
on the Assembly, as though its action
upon repeal of the I'd section of the
Practice Act made the slightest differ
ence In the practice of the Territorial
courts one way or another so far as the
distinction of law and equity was con-
cerned.
To bridge over these difficulties ofthe
Territorial bar, Mr.. Clagett, delegate of
Montana, has introduced bill upon
the subject before Congress, entitled "a
bill to more clearly define the nature of
certain courts in the several Territories.
and for other purposes, which will
leave the practice of Territorial courts
In worse muddle than ever from the
following extract in its provisions
Provided, That nothing in this Act
shall be construed to authorize said leg
lslatlve assemblies to change or inter
fere with the pleading, practice or pro-
cedure of said courts while exercising
their jurisdiction as circuit or district
courts in cases arising under the Con-
stitution and laws of the United States,
etc.
This proviso makes two lines of prac-
tlce and pleading in the courts-one, in
harmony with the distinctive relations
of legal science as practiced in Q. S.
Courts the other, mere simple patch
work for use of those who qualify for
the law by merely reading Codes of
modern manufacture.-Kaldma Beacon.
g A Boston correspondent of the
Rutland, Vermont, Herald thus explains