Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-09-20
Mindhnm County Court.


cover the value of property which the de-
PENDANT as deputy sheriff sold on executions
against Austin p. Graham The case showed
that in 1861 said Graham was owing about
$4,000, of which about $4,000 was due the
West River Bank and about Sl10O, with some
contingent liabilities, was duo Seth and Bill
lings Taylor. In December, 1861, said Graham
procured his property to be attached by said
Bank and Taylors, judgment was confessed
upon said writs, the property was advertised
II days, and was sold to said Taylors who
permitted it to pass back into Graham's pos
session. Graham has retained said property
or its equivalent in kind since, and has man
aged it as if it was his own. It appeared that
Graham never paid the Taylors the Judgment
against him. Seth Taylor deceased in 1865
and Billings Taylor in 1869. Said Graham
was appraiser and commissioner upon both
estates and mono Of this property was inyen-
toriod as the property of said estates. The
controversy was in reference TO the validity
of Grahams sale to the 1aylors as against
attaching creditors. David Arnold and James
/. Martin, who caused the property to be sold
by the defendant ON executions, claimed that
this sale was an arrangement by which Ora
ham intended to cover up his property and
shield it from attachments on his debts
The court directed the jury to return yer
dict for the defendant.
Tsddc p. Bd56W rs. Geo. =. SmiA. Tho
plaintiff in this case sought to recover Of the
defendant 500 for two cases of boots, sold
and delivered to the defendant Smith claim
ed that he purchased the boots of one Henry
Holden and paid him for them. 1t appeared
that the boots were ordered Of plaintiff 10y
Holden, and plaintiff claimed that Smith
made Holden agent for purchasing the same
and knew or had reasonable cause to know
that plaintiff claimed pay for the same
This was given to the jury Wodnes-
day afternoon and verdict for 500 and inter-
est was returned for the plaintiff Friday morn
ing.
Torn IF GWlJod rs TOra If BrdttlJoyO.
The controversy in this was in regard
to the settlement of pauper. The town of
Guilford took an order of removal against
Fatima S. Goodenough, from which order the
town of Brattleboro appealed. 1t appeared
in evidence that in 1859 the pauper had II set
tement in Bratteboro, but that she removed
TO Guilford in the fall of that year. and made
her home with her youngest daughter, Mrs
Gilbert Lynde, for more than seven consecu-
tive years. The town of Guilford claimed
and introduced evidence tending TO show that
the pGuper resided part Of the time with an
older daughter in Halifax. Mrs. Goodenough
testified that she often visited her daughter in
TI.lir.x ,,,I LII,
had an opportunity, but that she always kept
her few household effects at her daughters,
Mrs Lynde, in Guilford and always called
that her home.
Verdict for defendant.
Mnson Ingram rs. CAds. HaU.-Ihis is an
action Of SANDER The plaintiffs evidence
showed that said Hail had upon different oc-
casions, and in the presence of divers persons,
accused him Of stealing two of Halls sheep.
The defendant claimed that he had never
charged Ingram with stealing his sheep, but
had said that he thought Ingram had stolen
them. Hall testified that his sheep ran in a
pasture adjoining Ingram's sheep pasture,
that he missed two of his sheep and found
one among those belonging to Ingram, aud
afterward saw the other there. both of which
had been sheared and marked as Ingram had
marked his own sheep. Hall testified that he
had car marks on these two sheep so that
there was no mistake but what they belonged
to him. Hall afterwards obtained his sheep
but never had the two fieeces OF wool Hall
claimed that these circumstances showed that
he did not speak the words maliciously Yer
diet for plaintiff S9l.Os.
BHgAdm T. Phelps Is. Mai Bems. This
was an action in which the plaintiff a deputy
sheriff, sought to recover the value of n stag
which had previously been attached by him
upon writ against another party. The de-
PENDANT chained aud testified that lie sold said
stag conditonnlly to this party, and ii it
was not paid for within n certain time the
trade was ended and the property was to re
| turn into possession of said Bemis. 1t fur
ther appeared that Bemis at the time of said
sale did not take or have recorded written
lien upon the stag. The court ruled that this
was not such a sale as would protect the prop
erty from attachment, and that Mr. Bemis,
who had taken the property after it was at
tached,, must pay for the same, and thereupon
directed verdict for the plaintiff Verdict
for plaintiff, Si3.
Elias W. Fisher e. Plun.mer Pr0uty Gpt
This was an action on the case iii which
the plaintiff sought to recover the value OF Il
colt, claimed TO have been killed ON account
of the defendants negligence 1t appeared
that Fisher contracted with Prouty to keep
two colts for him through the winter of
| 1867, for 81. - per week good stock hay
and proper stabling We're to be provided by
the defendant During the latter part of the
winter Prouty turned the colts into the cellar
under his barn, and enc of the colts got his
head caught in the timbers and floor of the
barn over said cellar aud was found dead.
The only question to be passed upon by the
! Jury was rs to whether the defendant had
used that degree of care in the management
of said colts which men of ordinary prudence
under like circumstances would exercise. Yer
diet for defendant.
The case of Asa Boyd and ifeys. Readsboro
Is now upon trial and will probably last until
Friday.
The next case for trial is the libel suit
of Rev. David ShurtleG VS.. the Rev. Alfred
Stevens This is one of the most important
cases of the term in respect to the amount OF
interest manifested in the same.
The grand jury reported last Fridny and
the following cases have been placed upon
the court docket:
lState rs. JuLd Lynch. Indicted for an as
sault with intent to kill.
State cs. Ualayd SAcpard and State a.
| ,SHIlaaa Worcester d. Son. Indicted in botl
cases for selling liquor
STATE "a. Emory WAHaty,-Indicted for
adultery.
State cS ". S. Dady. indictments
for larceny of team, larceny of butter and for
gerry.
lSta5e Is. Wan. johnson. Indicted for rape