Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-02-21

4 L. WIsw,LL. Judge.
II. Is. SAUNDERS. Recorder.
A. Il. DFyEEpTN. Officer.

| II. b. Mason ". Alden II. Belauy.
! Action OF AssumpsIt TO recover sG6,9i,
amount due upon balance of account.
/ Def. offered to be iefaulted for ST. %
/ less $50. which sum he claimed should be
/ placed Ia his credit by virtue OF an agree.
ment that Mason would look 20 H. A.
/ Pierce for said sum. Mason admitted that
/ he was willin. 70 receive the so Of Pierce
I and did receive Pierce's Tote Of that
amount, but did not agree to take the note
~ payment OF $40 unless the note WAS
paid, aud the note not being paid he claim
ell the whole amount OF Def.
Judgment, Tor plaintiff for full amount.
WIN. 2. Joy tor Pm Hale & Emery for
Def.
/ Gideon L. JOY v. Nathaniel 4 Reynolds
/ Action OF Trcspa>s Involving tlt!c TO
land Ia Township, No. :.
Plaintii claimed thar Dei,'s. title was a
tax title. defective and worthless. Den
admitted that such was the case bot called
on the Pifi. to show his own title, 10 be
better
After testimony WAS out. the case was
entered y. L.
VIM. T. Joy for Pa Hale & Emery Tor
Def.
Merrill ii. Chatto v. Charles j. SWEET.
This WAS an action OF irespass for cut
ting wood in which the only question was
the line between the pasture lots on the
( North shore of Patterns Bay. in Surry.
ha hall 49,,
west half OF Lot No. 80. The Southeast
corner OF SWEETS lot was admitted to be
rock on the shore. The Northwest corner
/ bound OF Swett's lot was admitted 10 be an
| Old stake. Everything else was denied.
| SWEETS deed was West half OF lot OF lot
/ 81. beginning at the shore, hairiHg the lot,
running Nortn 27s rods-theuce West at
right angles to West line-thence South to
! shore-tnence to place OF beginning"
Chatto proved that a line run from the
biz rock north. parallel with SWEETS West
| line would leave the wood on the East half,
and he contended that the line must be so
ran. SWEET claimed that the line must be
so run As TO give him half OF the lot, AID
! line so run would leave the wood on his
part. Each party put in much evidence as
TO the existence OF an old line where he
claimed il should be.
The judge held that SWEETS deed requir-
| Ell line from the shore, North, (now
| North 5 degree. East parallel with the
West line of the lot. even II thereby. SWEET
/ did not get half the number of acres, and
gave judgment for the plaintis Chatto.
Emery for PIT. Peters for Def.
Joseph Lymburner VS.. Geo. o. Gray.
Action OF assumpsit 10 recover $50, and
interest amount due for rife claimed TO be
sold by the plaintiff to the defendant.
PlaiGtiff claimed that defendant took the
rife with the understanding and agreement
that he would buy ii and pay for it in goods.
If he liked it and that def. afterwards told
him that he liked it.
Defendant claimed and testified that he
had taken the rifle as stated by deft., but
had afterwards notified the plaintiff that he
did not like il. The court held, as matter
| OF law that, it was incumbent npon the
plaintiff to show q demand for the goods,
as he himself had testified. before he could
prevail in this action, aud not having shown
this, gave judgment for the defendant
II. A. Trip for PHI. Hale & Emery for
Deft.