Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1873-04-17

DANFoRTH, J.. PRESIDING.

DANFoRTiI, J.. PRESIDING.
Thursday, April 10.
Obed Leach Levi Bowden. Action of
tre.pass. The issue in this case was the
true location of the range line between
Pits. Lot No. "A and Defts. Lot No. 43 in
Penobscot. The Deft. claimed to line
drawn from stake in the brook on the
North, to a stake in the heath on the
South, which stakes he claimed were old
monuments. and should not be disturbed.
The Plf claimed TO a line some fifteen
rods West OF the stake line, which first
line he claimed was in the range of the
range line of the lots farther South and 80
was the true range line between - and a.
There was mass of testimony a TO the
antiquity of lines, and marks. and courses.
and distances. The Jury decided in favor
Of the Plfi lire, and awarded damages OF
sll.00
Wiswell Emery. Abbott.
IND JURY.
Alexander B. SWEET VIM. T. Hooper.
This was an action on note given in lsG.
Tor sl25.32 by the Def. to II. n. & E. l..
Plummer and by them endorsed TO PHI.
Defence that the consideration of said note
was for intoxicating liquors sold and de-
liyered by the payees TO Hooper the prom
issor.
The testimony showed that the Plum
mers brought an action in their own names
again st this Deit. some three years ago,
which action was entered Neither Party
that subsequently the Plummers for val
liable consideration TO wit, the sum of $50,
endorsed the note 10 the Plff. without no.
tice of its being originally given for liq-
uors.
The Court ruled that if the note was
held by Plff. as an innocent endorsee and
for valuable consideration, without the
above notice. he was entitled to recover.
Verdict for Plff. for sl6s49.
Abbott for Pin. wiswell for Def.
Friday, April IL.
Jacob J. Lord V Asa French & al.
Admir-. of estate Of Hezekiah Means The
PHI. claimed that when Means sold out his
stock Of goods in Surry to him, in 1867,
he. Means, represented that the prices he
fixed TO them were the Boston prices,
when in fact they were fully ten per cent.
above Boston prices. PHI. alleged that he
paid for the goods at the prices fixed by
Means, upon the faith of Means that they
were Boston prices, and he brought this
suit to recover back the excess. Plf. also
had small account against Means.
The main defence was that Lord and
Means settled the prices by mutual agree
ment. and that Lord was bound by il
De!ts. also denied the whole of Plns. ac-
count.
The Jury decided that Means did fix the
prices and fixed them too high, and award
ed him the sum of S2l2.31.
Hale Emery. Wiswell.
Monday. April IA.
Mary II. Moore VIM. II. Moore. Ac-
ton of trespass. The issue in this case
was whether the Plff's. grantor, Alvin
Starkey, had acquired title by twenty
years adverse Possession. The Deft. adj
United the possession of Starkey. but in
sisted that it was not adcerse. but that he
only claimed betterments.u
The Jury decided in favor of the Plff.
with $500 damages.
Peters. Hale & Emery,
Tuesday, April Is.
on TRIAL-2ND JURY.
Ambrose Saunders Inhabitants
Ellsworth. An action to recover back q
tax of s64.0o paid under protest by the
PHI. who alleges that he was wrongfulIy
assessed. his residence being in the town of
Dedham, At the house Of his father.
! Defts. cOntended and introduced evil
dence to prove that the PlfT was doing
business in Ellsworth, on April LIST, 1870.
the year for which he was assessed-thxt
he gave to the Assessors his valuation and
assented to the same. The evidence on
= this point was quite conAicing; TIE A..