Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1872-03-08
supreme Court-windsor County.
FEBRUARY TERM, 1872.

cided as Will interest our reaueiS
southern part of Windsor county:
Elijah w. Brown rs. Francis Van Du'
e zee. Case for obstructing private way
| in Chester. Judgment of county court
for defendant affirmed. Fletcher fol
plaintiff, Adams for defendant.
Otis P. Clay Us. Melvin Wright. This
case involved the liability of defendant
then town agent of Ludlow, who wrote
plaintiff letter promising to pay claim
for damages on highway, in case pend
ing suit should be discontinued. The
court held defendant had become person
ally liable, and rendered judgment fol
plaintiff Fletcher for plaintiff, Adams
for defendant.
James Bryant Us. Mercy P. Clark
Assumpsit for nonfulfllment on contract
to furnish lumber and for money paid
for taxes. Judgment of county court
for defendant affirmed. Fullum for
plaintiff, F. G. Robbins and w. c. French
for defendant.
Jarius Josselyn, Admr. Us. Town of
Ludlow. Action to recover town boun-
ty. Judgment for defendants. Ross j.
The court held that plaintiffs intestate
was Veteran within the meaning of the
vote of March II. That the town could
not rescind the vote as against this claim,
that demand was not necessary before
bringing the suit, and rendered judgment
for the plaintiff to recover $500, and in
terest since the date of service of the
writ. Deane for plaintiff, Walker and
Fullum for defendant
Samuel w. Bent u.s. Minerva A. Bent
Replevin for household furniture &c.
The issue tried in the county court was,
whether defendant had "unlawfully tax
en- or unlawfully detained +" the goods re-
pleyied. The jury found for defendant
exceptions by plaintiff Judgment af-
frmed. Fullum and Deane for plaintiff,
Seaver and Davis for defendant.
| Lucy Fuller Us. Warren Adams. Bill
in chancery to compel defendant to con-
vey to oratrix certain land in Ludlow on
which her husband had built house and
occupied for several years, defendant re-
fused TO convey. Judgment of court of
chancery ordering defendant to convey
the land, affirmed. Fullum and Walker
for oratrix, Adams and Deane for de-
| PENDANT.
Allen J. Lamb and Almira Guernsey
u.s. Charles S. Mason, Geo. S. Guernsey
and Josiah ellison. The court adjudged
the deed from Mason to ellison was ex-
ecuted add received in fraud of Mason's
creditors and order ellison to convey the
store in controversy to orators, and that
ellison account for the rents and profits
to apply in reduction of his mortgage on
the store. Orators recover cost against
Mason and ellison only Wilson and
Huntoon for orators, Adams, Walker
and Goddard for defendants.
Samuel w. Bent Us. Minei va A. Bent
Appeal from ohancery by orator. This
case involves the title to the stone store
in Cavendish somuch litigated and fought
over. The court decide that orator has
no legal or equitable title whatever in
the store premises, and dismiss his bill
with costs. Judgment affirmed. Full
lum and Deane for orator, Seaver and
Davis for defendant.
Lucy Fuller Us. Warren Adams. Ac-
tion to recover damages for revocation
of submission to arbitration of Hon. j.
Converse of the same matters involved
in the chancery case between the same
parties. The question was as to the dam
ages on facts reported by the referee.
Judgment for plaintiff for S134, being
for less sum than was recovered in the
county court, therefore plaintiff RECEIVERS
his costs in supreme court.
Perry Haskell Us. Henry S. Bowen.
Book account. The questions involved
related to the right of plaintiff to Join
accounts that accrued to him in his indi-
vidual capacity with those accruing to
him on rule of property as executor.
Judgment of county court for plaintiff
affirmed. Pingry for plaintiff, Deane
and Farnsworth for defendant.
Standish w. Capron as. John T. Rails
trick. Trespass for taking property on
tax warrant. The factsare that School
District No. 5, in Plymouth, voted at
meeting held Oct. 16, 1869, to build
school house and " to raise money to de-
fray the expenses of said house." Plain
tiff had list in the district in 1869 but
had none in 1870. At the annual meet
ing March 29, 1870, the district voted
to raise 300 cents on the dollar to de-
fray the expenses of building the new
school house," but the tax was made up
on the list of 1869. Judgment of coun-
ty court for plaintiff affirmed. French
for plaintiff, Converse for defendant.
Court adjourned sine die March A,