The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-04-13

APRIL CIVIL TERM, 1873. sYMoNDs, j., pREsID-
ING.
FRmAY.-Ida A. Proctor VS.. Gardiner M. Parker.
This is an action of trover to recover the value of
a lot of household goods. The defendant, deputy
sheriff. took the goous on replevin writ in favor Of
Mrs. Ann NJ Haskell against D. W. Proctor, law
yer and the husband of the plaintiff in this suit.
Mrs. Proctor claims the goods belonged to her and
produced bill of sale signed by Mrs. Haskell and
her son William.
The defendant claims in the first place that he
took the goods in question from the possession of D.
W. Proctor, and that the repleyin writ is full pro-
lection to him. But that if the goods were taken
from the possession of Mrs. Proctor she had title
to them because the signature Of Mrs. Haskell to the
bill OF sale under which plaintiff claims was procured
by fraud by her husband, of which she had knowl-
edge.
Mrs. Haskell is an old lady and resided with her
son. a man of rather weak intellect, daughter and
grand daughter in Deering, and Proctor and his
wife went to board with them. Mrs. Haskell, her
son and daughter say that, having been there two
or three days. Proctor told William cher sony that he
was in great danger of being arrested and imprisoned
for debt and it necessary that he should leave
the state; that the son came home hurriedly one
forenoon saying Mr.. Proctor had told him the officers
were after him and that it was necessary for her
{Mrs. HaskelD to sign the paper he had with him in
order to save and protect him. that she had not her
classes with her and could not read the paper with
out them but she was so frightened and William was
n such haste she signed it Immediately; that Will
liam went back to the city, and that afternoon went
80 Mossocbusetts The next aav she. with her chill
ren sollowed him nv the advice of Proctor he tell
NO her that she was "a liable IN be arrested and i'm
nTisoned for her sons debts az was her son himself;
that she had not tbe slobtest idea of leaving the
state nrior TO this time Init RELYING upon what Proc
tor told her she hacked few of her things leaving
the remainder furniture beds and bedding articles
ofornament etc. in the house, the Proctors promis-
ing to take good care of them and took the boat for
Boston; that Proctor got carriage and brought her
nto the CITY, bought the tickets for them and dol
lar to nav their hack fare in Boston; that after dis
covering that she was in no such danger as repre-
sented by Proctor she returned to Portland and
found the Proctors keeping house with her goods in
the CITY and claiming them under this bill of SALE
The Allegations of fraud are of course denied by the
plaintiff and her husband. They say the Haskells
were in yery needy circumstances and the son was
not only in debit but had obtained goods by false
nretences and was oblig, to leave the state that
his otbar know;ng these facts wished TO 90 TO Mas
sacbusetts with him that unon tbe morning refer
rod A. hv Mr.. uoska,I william came into his proc
os,sN oeoa ond -uo-,o5 20 coli these GOODS % tbt
sarn,v ,vore GOING 70 Mossaohrget+s saving that he
Going aveav that dav and tho rest Of Tho family
were going soon that he roctor> told him he could
not buv them. INIT that his WIFE, had money ond br
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