Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-03-08
U. s. District and Circuit Court. - February
Term.
Hon. HOYT IL. WHEELER. Judge.
b. Il. SNALLEY, Clerk.
GEO. 2. FOSTER, Marshal

done.
The following are the points of
JUDGE wHEELER's DECISION.
|. The Burlington Cotton Mill Company
a Vermont corporation, became owner O
this property by regular conveyance from
Burlington Cotton Mills. Now York cor
pOration. The Vermont corporation has new
er conveyed this title, but its title. if anv
passed to the defendant as its assignee If
bankruptcy.
>. The plaintiff must recover upon the
strength OF his own title, and upon a better
title than the defendant as derived from
the common source-the New York corpo.
ration.
3. The plaintiff shows no title. Admit
ting that the Vermont corporation appear
ed as defendant in the suit in New York in
favor OF Taylor against the Earls and both
corporations, this would give jurisdiction
to the New York court to bind the Vernon:
| corporation by its judgment to certain
extent only. 1t might bind that corpora
| ton IN persOndDi, but could not operate to
affect the title to its lands in Vermont
| (Aug. Y. Ames Corp. Sec. 1889. The decree
therefore adjudging the deed of the New
| York to the Vermont corporation to be
void did not make it VOID, nor did the
order that the property be conveyed to the
plaintiff appointed receiver in that suit
transfer any title to hin.
A. The plaintiff $ title then could come to
him only by the deed executed thereafter
in behalf of the New York corporation to
him as receiver under the order of the New
York court. But this deed to be effective
must be executed in conformity with the
laws of Vermont where the lands lay. By
that law, a corporation can convey only by
n n So taI htr Eor tbot
pose" Although this deed purports to
have been executed by Jonathan Earl as
agent of the corporation, and that he was
so authorized By rote, the vote giving the
authority must be proved. lnasmuch as
the laws OF Vermont require that corpora
tons shall have clerks and keep records,
and the bylaws of the New York CORPORA
ton require the same, such vote can be
proved only by the corporate records. No
such record is produced, although the evil
dence is that the corporation had clerk
and kept records. This cannot ba proved
by parol.
5. Relying upon the deed as the iounda-
ton OF the plaintiff s title, the property was
then in the adverse possession OF the defend
ant, and so was void under the Vermont
statute.
6. The notice given April Q, 1877, de-
handing possession, was not applicable to
this suit which was commenced Nav 1877,
and rested upon deed to the plaintiff. OF
April 30, 1877. This notice could Apply to
the state of things as they existed when it
was given. and the assignee has the right
then to determine whether he will make
amends. AT the time this notice was given
the plaintiff confessedly had no titI,, and so
the notice is of no avail.
This being the last of the jury causes, the
Jury were then discharged for the term,
with the thanks Of the Court.
In the case of William G. Stowell VS..
Henry Ballard when called this morning,
the defendant was ready and the plaintiff
attorney, without stating any reasons
therefor voluntarily entered nonsuit.
This was a suit for alleged mel practice
by the defendant as attorney for Stowell
in 1870 and 1871. The plaintiff claimed
as damages $4,000. Mr.. Ballard denied
any ma l-practice or liability to the plaintiff
In any respect, claiming that this suit was
only an attempt at blackmail got up by
personal enemy for malicious purposes.
The remainder of the day was occupied
with hearings in bankruptcy and equity.
DIAMOND WEDDING AT MoSKroy. the
18th ult., many of the relations of Henry
Miles, of Monkton, assembled at the old
and celebrated the diamond
wedding of the aged couple, whom God in
His kind providence has so signally blessed |
with physical health and intellectual vigor. |
The exercises of the occasion consisted in |
The relating and signing of the original mar
rage certificate. which was executed upon a |
large sheet OF parchment. and signed by 60 |
persons, who now are all supposed to be |
lead. At the Golden Wedding this same
document was related and signed by a large |
number OF children and grandchildren ; and |
It this time by seventeen others, including
An original poem and
lIece of prose We're read, and the occasion
'losed with family prayer meeting. That
he happiness and prosperity of this aged
'ouple may never be less, is the wish of ALL
VERGENSEs. On Friday evening last
estival was given at the vestry of the Baptist
,hurch, which was one of the most brilliant
'ssemblages held during the year. The elite
If the city were present The salutatiOn and
Welcome were given by the Hon. Geo W
irandy. IN his eloquent and graceful man
Ter. Grace was asked by Rev H. Nun
,er, after which supper was served The
estry room is n spacious and handsome one,
he chandeliers by their mellow light adding
very pleasant appearance Many delica-
les were distributed upon the various tables
nd the quality of the supper was superior
iusic was given by Will Allen and Mrs C.
:. Wright, assisted by Mr. and Mrs. J. q.
iindes, Miss NJ. L. Miles and Willie Beach.
several DUETS were sung and were repeat
dly applauded. The receipts of the even
ng amounted to $50, which is to be used
IA hQ firm aud |
by the society ut Il cost of 5 SO
luch praise is due to tine committee of ar
angements, consisting of J. c. Hindes
). H. Domes and VIM. Webb, for their
ttention and courtesy.
Butter sold here last Saturday, Mt ~ to 30
ents, and was scarce at that. There was n
God attendance at market.
Catholic festival was held in the town
all Wednesday evening. 1t was largely
TENDED. and the receipts of the evening
mounted to sl75. The gold-headed cane
'as drawn by DIR. F. Maxfeld.
The firm of Pullman a McDonough. deal
RS In stoves and tinware, in this city, have
uspended. Sheriff Kimball took possession
+ the store under the following attach
lents Writ of Burdett, Smith x Co. Troy,
!. Y, for $3.50 Richardson, Boynton & Co,
lew York City, two writs for Sl0O and $40,
Patrick Ryan, Vergennes, Vt,
ote for 500. Total liabilities less than
100. Their assets are, book accounts 800,
INVENTORY OF stock on hand 81 900 1t is
oped that the matter will be arranged and
hey be allowed to resume business.
Two persons were added to the Baptist
hurch by baptism. last Sabbath.
Some twenty or more boys at the Reform
chool are having furloughs granted them
Inch speaks well for the school and its
Management If those who crlticise this in
lltutlon would visit 1t and become acuuaint-
with its workings and results they
'ould, as n rule. cease to find fault and be
ONE its friends. There is Il certain class
nat would continue TO find fault however
iuch good they might discover.
MIDDLEBuEY.- Henry Soper has lately
iken the colt Lady Foxie, be purchased
II 1928 OF Edison III. Thomas. of Salisbury,
D the race course down country" where IA |
inch larger sum If expected to be realized. |
We have more evening entertainments than |
here are evenings in the week, SO We will |
e compelled to omit some or have two on
ne evening in different parts of the town.
The 7. f., Rev. NJ b. Mead, preached an ex-
client sermon last Sabbath morning and |
vening in the NJ. L. church.
Mr.. J. II. Batcheder is in bankruptcy.
nd A. W. Goss, of Brandon has been np.
ointed assignee.
March 18th, the Spring term of our graded
chool begins.
Mr.. L. W. Bird, late partner of Z. NJ
hapman, Co., is building and repairing Il
ice dwelling place on Depot street
At regular communication of Union
.odge No. , f, and A. NJ, held Monday