Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1872-10-04
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sEPTEMI Err TERM.

LcmuCt Smith rs. IPm. JOhnSOn.-This
was an action of trover, brought TO recover
damages for converting plaintiffs oxen to
the use of the defendant. Pln. claimed
aud his evidence tended to show, that his
oxen were taken from his possession and
sold by an agent of the def. The def.
claimed that the legal title to the oxen was
in him, that Worden, through whom PHI.
claimed title, had no legal right to sell,
having obtained said oxen OF PHI, who re-
tanned a lein upon them. plfl7s. evidence
tended TO show the contrary, that 1t was an
absolute sale, not conditional sale. YER
dict for plll., sl5i.7O.
JOhu Y. FAR Us. 4. S. JgatkinS, CT al
This was an action of ejectment. The real
object of the suit was to establish the di-
vision line between the Arnold lot and the
Coau lot, 50 called, in Westminster. PHI.
claimed and his evidence tended to show
that he purchased of the legatees of one
Coan in 1862; that the dividing line at that
time between said Coan lot and Arnold lot,
now owned and occupied by def, was in
the centre of "Virginia rail' fence, lined
upon each side by a thick hedge; that n
subsequently the hedge was removed and
land plowed and cultivated, and most of
the landmarks and monuments lost The
deits. moved shop, as plff. claims, and as
the survey as ma dc in Sept. ~, following
minutes of former survey, by Mr.. Phelps,
shows, upon his land about six feet over
the line. Defts. claimed and their evidence
tp CHI fhat IA oil Inv
plh. is not the old line, and that said shop
is upon their own land and not upon land
of pin. Verdict for plff. 81 damages, and
that the line claimed by plff be the true
dividing line.
Geo. W. Norman, Treas. Of BrdUte6Oro
as. s. NJ. W'dite.-Tbis was an action on the
statute to recover the penalty for not re-
turning a list of stock and shareholders Of
| the first National Rank of Bratteboro, res
dent and non resident, TO the town clerk
of BrattlebOro for the years &C and '67
| Deu. claimed that as he was an officer of an
| nstitu ton established by and acting UNI
der the laws of the United States, he was
amenablc only TO those laws, while as such
official, and not TO the State laws. Pro for
ma ruling and verdict for pln. $3.50. Ex-
ceptions by def. Field & Tyler for def.
Davenport and Haskins for plff.
| Edcard d. P,impton Us. Waldo ConverSe
This was an action of trespass for OBJ
structing pins way. The cause was re-
manded from the supreme TO the county
court for a new trial. PlT claimed a right
| of way for himself and customers, to pass
and re-pass TO and from his grst mill in
| Wardsboro, over the land of the def
| PHI. showed by his evidence that he hat
used, under claim of right, a marked
and defined way over defendants LAND
for over fifteen years that said way wa,
never before permanently obstructed by
| def. Def. showed by his evidence tina
| the land over which plfl. attempted to es
tablish right of way was used by him a'
yard in front of his wheelwright shoy
and circular and "lazy" saws that wagon.
brought by his customers were left in all
parts of the yard for the time that log.
and other wood at times completely filled
the yard back TO the highway, TO be cut VI
| by his saws for himself and customers
that plil. had no mark ed way over the yard
and when dett. did not occupy the whole o
his yard the plh. and his customers passet
over it at their best convenience, and by
his license and not under claim eff right
Verdict not returned at time Of going t.
press. Waterman, Reed and Davenpor
for p ln. Field q Tyler, Stoddard, j. G
Eddy for def.
Three of the criminals pleaded guilty t,
the indictment found by the grand jury
and received sentence Monday afternoon
Geo. Il. Wood, for forgery, five years i'm
prisonment and fine of 81 and cost o
prosecution. VIM. Savage, for assaultini
l.. NJ. Reed in Bellows Falls, fined $50 anC
cost of prosecution. James Higgins for as
saultng one Kane, fined $50 and cost O
prosecution.