Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1873-11-07

The circuit court adjourned on the
22d, after one of the most prctractcd and
important sessions ever held in this
county. To master the docket, evening
sessions were held till nearly ten O'Clock
for nearly three weeks, and all the cases
were either tried or the party con:ending
had the regular costs to pay. Statute and
common laws were ventilated on all sides
by our ablest lawyers, and the people in
attendance were made acquainted with the
tair ing the essence Of good sense and JUS
,icc,, and some foolish and absurd to
the last degree. The people arc inclined
10 notice the proceeding Of courts and
legislators with closer scrutiny than in
former times. We will call the attention
Of our readers to some Objectionable de-
cisiohs. The statute says that if q resi-
dent occupies and improves land in good
faith for ten years or more, under writ
ten deed " hich he beieyss to be good,
cA'cwfHiPhYhe Hand though it should
turR out that his deed is imperfect or
some link in his title should b. lost. His
possession must be notorious and exclu-
bive, and if the land is timbercd he must
use it for fuel and fencing timber in hns-
bandry, or some other ordinary use. We
were panied to learn that Judge Mills in
structed juries at this term. that mining
Ss14ssd far.ten-years, or more. however
extensively carried Oil under supposed
valid deed, were large amounts of money
were paid for the land, did not constitute
that sort Of possession which would cure
IL defective deed. And moreover lie told
the juies that they must construe the law
strongly in favor Of the plaintiff, and very
strictly against the party in possession.
lie defends himself under recent dccis-
ION OF the supreme court which requires
him to pronounce as law what he would
gladly reject. lie says however, that the
supreme court has decided that mining
for stone coal for fuel Is such an occupancy
MS the statute requires. and all that the
miner has to do to protect his possession
IS to dig for stone coat and that will satisfy
the decision, and If he finds mineral by
accident that will be clear gam.
The next legislature will be composed
largely of farmers, and we hope they will
amend this statute so as TO put it beyo
fhe power Of any honest Judge to trifs
with the rights Of the bona eide occupant
whose deed may be defective, and who has
without any question, occupied and inns
proved the soil, it msy be for ten, fifteen,
or twenty years.
In conversing with members Of the bar
and the judge of the court, we learned
some other curious antics Of our courts.
4 poor man is entitled to two horses for a
team, but if he is not able to buy full
grown animals, md puts his money cut in
two colts, say six months old, our highest
court, the lawyers say, has decided that
the colts, because they are not e. for a
team, can be taken by the constable to pay
the poor mans debts. And if he buys
two wild Mexican Mustangs, unbroke and
not fit for team, or so old and shabby
that they would not make respectable
appearance in the streets Of Madison. here
the court thiaks they can be no team or a
very Indifferent one, and are not exempt
from execution under the law. Gentle
men who can bur and drive fancy horses
may have q very different idea of team
from the poor man who only owns mare
and colt, which the strong horse sense Of
the court assures them is not team. We
are assured on good authority that such a
decision is binding on all inferior courts,
ard. that the horse sense OF juriss will not
carry the Law. out. We call the attention
Of the next legislature 10 this matter.
Again, w.elearn that our highest court
has decided that no articles are exempt
from execution if it is owned by psrtners,
eaell.havtng, say one-half interest in The
tillng. So if two poor families own ole
N9s only, OF. one sheep only in common.
t4e constable can take that hog or that
Ehe4p and soil it Or TIE dybts Of ei,bs