Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1874-05-27

We learn that an exhibition of large pro-
| portions is to be held by the band on the 4th
| of July, in this village or vicinity. Lrx.
The Law Term.
The May Law Term of the Supreme Judi
cial Court for the Middle District began
yesterday. Appleton, Chef-Justice, aud
| associate justices Cutting, Dickerson, Bar
| rows, Dantorth and Virgin. Prayer by Rev.
Mr.. Sanderson Of the Methodist church. The
Middle Distric. embraces the counties of Som
| erset Knox, Lincoln, Sagadahoc and kenne-
| bee, and the several counties are heard in the
| order named Somerset enters eleven new
cases, and ten eases from the docket Of last
year remain undetermined; Knox has six old
cases and enters ten new Lincoln IL old, aud
10 new s sadahoc old and 1G new; and
Kennebec p cid and &C new. The number
OF eases brought up is rather less than usual
and the term will not probably require more
than two weeks. Z. b. Smith, Esq, Report
er of Decisions, is present.
The first cases argued were those brought
to this Court from Somerset County.
No. II. D0olittlc VS.. Hilton; to be ar
guod in writing.
Webster. Lindsey.
No. 49, Elisha W. Shaw vs.. George II.
Wiltshire.
Repeyn for a horse, harness and other
property. The defendant admitted the plain
tft's tide to the horse, claiming the harness
| as his own and that the other property be-
longed to one Archibald Linn. The plaintiff
introduced and relied upon bill of the prop,
erty, in the form of an ordinary bill Of par
Loo is u;.t ~, pl,
amounting in the aggregate to 1915, and evil
dence to show that it was taken to secure
| him for notes to the amount of 1929 so
against the defendant and one Palmer as his
surety; that Is to secure the plaintiff for his
claim against Wiltshire and said Palmer on
his liability as surety for w. The property
was delivered to Palmer as agent for Shaw,
but was subsequently, permitted to remain in
VS. possession under an agreement that
| whenever he could find purchaser he was
| to notify Shaw, who was to make title and ap-
ply proceeds upon the defendants indebted,
ness to him, upon which Palmer was holden
The plaintiff testified that the prices affixed
| were never fixed nor agreed upon, but he was
| 10 have the property and apply its proceeds,
more or less, toward his claim against the de-
| PENDANT. These notes not being paid in Nov,
1872, the plaintiff demanded the property.
The defendant refused to deliver 1t and it
| was taken on the writ of repleyin, by which
| the present action was commenced Will
| shire contended that he sold all the property
| but the horse and harness to him, who knew
nothing of the sale 10 the plaintiff,
and neither the plaintiff nor Palmer had any
| knowledge of the sale to Linn. The judge at
nis prus instructed the jury, substantially,
| that the sale to the plaintiff if made merely
| security, and not for payment of debt, II
would not be good as against subsequent bona
| fde purchaser for value. The jury found for
| the defendant, and to the foregoing instrue
ton the plaintiff excepted
Geo. w. Whitney. Knowlton, Lindsey.
No. u. William Weston vs.. Mareellus
Steward ( ais.
In this case, which has been pending since
| 1859, and the writ had been lost, Judge Cut
| ting ordered an entry of neither party to be
made against the defendants protest, and
| they except.
Lindsey. parlin
No. Il. Samuel Bunker vs.. BENZ, c. Me
Kenney.
Repieyin of a mare and two colts foaled by
| her Bunker on Sept 81, 1867, delivered
the mare to Mckinney, taking one Holmes
| note for $ll0 and interest. The note not
being paid the plaintiff repleyiGed the prop
| erty Oct. H. 1872, while the defendant was in
New York. The defendant and his son testi-
II y
| till his return from New York, where he
| thought to earn the means to pay the note;
| and the son said that he guaranteed the note
| in writing upon its back in consideration of
| such promise to wait. The judge instructed
| the jury that if they believed this statement
| of the defendant and his son, their verdict
| should be for the defendant, and such YER
| dict was rendered The plaintiff excepted,
upon the ground that an agreement to wait
| for payment of the note was not an agree
ment not to claim possession of the property
which followed the title, that had never pass
ed from the plaintiff.
| Lindsey, Parlin. Ware, knowlton.
No. lG. David d. Stewartys. Ebe'r Davis
and others.
| A suit to recover possession of land in
Pittstield, morgaged by one Fowler to the
plaintiff, who foreclosed several years ago.
The contest was as to the quantity of land
embraced in the deed which professed to con-
vey the farm of Fowler in Pttsdeld, occupied
| by him, and then added that it was Lot No. 8,
| Range 3. conveyed to Fowler by certain per-
sons named. In fact the farm included part
of Lot No. 10, and on this part of his farm
was silver mine which was TIE inducement
to accept the mortgage. the money being hired
for the purpose of working it. The plaintiff
| contended that the general statement that
| Fowlers farm was conveyed would cure the
errors spoken of, while the defendant said the
deed of welldefned and properly described
parcel of land could not be extended to cover
another distinct parcel, by any such general
terms, which were limited by the particular
description
| Stewart. knowlton.
No. Is. Allen, pet. VS.. Horn, to be argued
| in writing.
|