Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1876-03-21

FIRST PANEL.
Osgood Charles. Fryeburg, Foreman
Alden Darrell, Hartford,
Gilbert Chapman, Bethel,
Edward g Cole. Sumner.
Stephen G Davis. Woodstock,
Albion & Dean. Oxford,
Rufus Farrar Jr, Grafton.
George W Gray. Denmark.
Erastus Hayes. Mexico,
Josiah Hall. Peru.
Albion Head Lowell,
Winfield S Howe, Hanover.
SECOND rANEL.
Scion Royal. Paris, Foreman,
Joseph X Holman, DixhelJ,
i | Hodsdon, Byron,
Joel IL Hutchius, Rumlord,
l. d Hobbs, Norway.
Aaron Jones, Sweden,
Cyrus k1eeand. Albany,
Andrew J Martin. Browndeld,
Joseph Mason. Hiram.
George W Patch, Greenwood.
Joel 5 Plummer, Waterford.
Enmoir RawsOu, Paris.
sUPERNUMTRARIEs.
Albion L Hutchinson, Canton,
WIZ i Robinson, BucSieid,
Lewis / S1nborn, Bethe'.
John johnson OF Hanover was admit
ted citizen OF the United States.
George L Smith of S,ulord and Saml
&. Bracket Of DixGeld were duly admit
ted to practice as attorneys in al the judi
cial courts Of the State.
Gases were brought to trial in the FOL
loving order:
Noa. l5s and 49, Frances French vs. Eoeuezer
X. llDlme., aud Chss. II French by next iHe'd
va same.
These two actions were tried together by agree.
mrut OF parties. Ia the lir-i ease on the part OF
plaintiff 70 was proved that n The summer OF ir''
IN the month ut June. cow belonging 70 inc nus
band Of lyinitn, dropped ali aud the pia NJ
believing that the milk Of the COW would b. "9rth
more than the calf, had determined 60 Nh 70. The
plainun took Tho calf took care cd II, aud raised
IL up 10 q COW in the mesu time furnished with
hsy aud pAsturcd GA lind belonging to her. In
the other ease 10 was proved that In The sumner OF
las he found q stray lamb IA his fathers pasture
disoWned hy be- mother. Ho took o ani nutsed =
and brought 10 up. has mother pasiurug aud hnd.
iuE hty for 10 until rom this lamb plaiuuf raised
four shccp and Two lambs. Tue defendant 10 req.
l~5 held An execution agAln-t John -. French, thc
husband of MIS-. Frances French. which Replaced
ia the hand. ot au officer, who, In company OF DO
PENDANT carried away --il COW, sheep and lambs
In these actions the p.a,atd rep.eScd them bAc~,
aud the uucstiOuF fIItt were OF tNr To- the prop
erty. The Defendant claimed urt Boz was the
cN,ttils creditor 90 thr time Inc plauuu tooS pos
Sc s.su 81 tlr c@I aul lambs, that Che Nu>Uaa.
aud athct could not lawfully give bis property 10
ti- wirc aud son -ainsi such q crr.l.i"r. Tie
counsel for plaintiff %" judge % instruct
the jury l., That gin Go a wife ~ husband q"
be- void a. 60 creditors. must hc Of tome pe,unary
value 10 .ucn crclifoft ., ilat 70 . iuI lhc july
% and IN these cases whether the calf or the lamb
Wcsc OF any value 60 such creditor, 90 thc time 81
Fit,, aud u not, plaiatG was entitled 90 verdict
Tho Judge declined 10 eve thc-c INSTRUCTIONS anu
ruled that 10 was question of title. no. OF value.
cidict lor defendant, with ono cent damage
rerry. s,rou, < Holmes.
No.!uO, samuel H. Tcws-Oury ri al v. James
4. ~'elrp-.
TIL, was IA action Tor the value of The services
OF = stallion owned hy Trwk-bury AMI llolbrook o.,
iu 49,. The defendant claimed that % any such
services were performed they were not for himself
but for his brother, john c. aud furthermore,
that ssid service, were gra'uitf or Kin 10 the
bro,hcf ol defendant. Tie plain. denied any
IIainmons 10 Ger ( IIcrscy.
so .ll. Joanna l.. VII IN S.. Cut,. II. Harris.
Action upon . prumis sorry note, date Nov. {
Zoo. The action WIS LfuuE Ut Tor Tho benefit
David VI i~turicynt who purchased said note
oil Mrs. Wilson. II apl.CArcd 10 evidence that the
pl9mtin let dciculIu, ga on Che note I'D -ul "a. (
bee, q. ISIS she loaucd him 500 more and took
hi. uuic for that sum. 100 lst3 she loaned him $40
more and took hi, fathers note Tor That These
last two note, have been paid 10y delft, but be
declines 10 pay the one N suit. Defendant claimed
that this note was merged in the tiO0 note. and
that instead ut obtaining $500 De received but 800
cash and gave the sU0 note To cover that and the
prey iou- note, but through iualNCr1nrc ihr said
note wJ- not delivered 90 him. !. wa. also
claimed that 10 was forged note, and also that
said note was not Witues -ci when drawn, but the
name OF suh-cribing witness had been since added
The testimony vas very conflicting, and all the
points were holly contested.
Verdict Tor plaintiff, I!tJg9 being lul amount
of note and Interest.
Foster ilcrscy. Gibson, iiastiags.
W. 10. Audrew }. O,kingtou Il al vs.. Tno's
II Law.
The plaintiffs reside 10 STAFFORD. y. H.. and are
cnpartrvt- in ~ mess practical m1chiur,s AMI
inventors. TINS action VA upon three notes Of
hand given by def, 10 l>.!, Tor eight tcuths inter
ct 10 patent right 90 build aud operate "ihc
% Au-tou Lathe, Tor tue manufacture of clothes
pins. The defense set up was that 40 The time Of
giving SAID uptr- the parties entered into writ
ten agrccmCut tlat 100 case OF failure OF payment
OF these aud other notes. that there should be- no
property in said patent 81. pa-s or vest IN def
aud that all ir night have paid .hould Dee forfeited
Under th's contract, dcit. claimed u.ht TO avoid
the note 10y i1rfr.t'ug amount already paid. To
this portion OF defense the Court ruled that 10 was
no defense; the covenant aud notes being indie
pendent contracts. Defense also let up that an
extension Of time had ben verbally given, ami
this action heing brought before during time Of
extension Was premature Court ruled that his
constituted no ..efcnsc.
Verdict Tor plaalir, AZ -, being full amount
due on sald notes Carried up on exceptions
Foster y Hersey- Hammous.
No Is. Adelbert Delano vs. Rufus Merrill.
The def, agent for Ebeuezcr Coo OF Bangor
author Led 10 contract for lumber cut on plaintiffs
land, adjoining Goes, IN 1874. Hiram 4. Elli.,
Referee, awarded in favor OF plaintiff Defense
wss WAS tha- PIN did not own the land NJ that
time, but his mother, Sarah J. DelanO.
Verdict guilty, damages s3l.7O.
Harlow llammons,
l. * III 4. Randall.
No. lsJ. John ". Howe vs. same.
Facts same a in l-2, aud amer verdict WAS rem.
dered in that case, defaulted for same amount.
same Attorneys.
Reported By j. d. Pulsifer, sIenographerl
Samuel u. Marshall W $ muel w Durham.
Nrt OF entry 10 recover Possession Of land in
Woodstock. Plea, better tile. W Durham
claims under mortgage dated oct. a. lSds recon.
ded Jan. u, 1874, from W ; HuULam 10 Joseph 4
Pamela Durham, ~ secure bond Of maintenence
and their assignment 10 himself recorded May IS.
1875. Dett claims under = mortgage from " NJ
Durham 10 samuel W Durham, dated Nav 2gls-2
recorded June J, ls73, and an assignment OF same
10 Jonas BisOee OF Paris, Oct. IL, ls7g, who fore.
closed the mortgage under assignment OF Bisbee
TO him. BY record pit has the earlier title by the
kegistry, def. Pr claims that delt knew OF the
prior mortgage hen lie took his: Den thAt he had
nearly eNungUished mortgage OF Feb "a, 1865
giving him an equitable aad legal priority: also
Bisbce having acquired aD absolute title. The re.
conveyance by him 10 delt passes PEI feet lille.
PIT claims there was an agreement all the while
between Blsbee and def 10 re cOvery on pavment
TO Bisbee of principle and interest 4 question OF
yeracity was raised between Samuel " and Vim.
> on the matter OF knowledge. Carried up
Benson. Black.
simon i. Everett vs.. George W. Everett, aprt
Assumpslt Tor Use Of oxen IN the summer OF iS7t
$40 Plf saws he hired his brother George TO pas.
ture his oxen, agreeing that Geo should use them
some and turn the work toward the pasturinp =
His oxen did not thrive as he expected. soon