River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1879-05-01
Ancient Anne Lotions FIfty-Guinea
Christmas Present.

From the London Telegraph, Marehs.
Material for highly exciting three
volume novel-as, three volume novels
go-miaht be found in the case of Orme
against Shipton, which was recently
heard on appeal before the lords. justices.
The defendant, in January, 1873, pur
chased at the sale by auction of the goods
and chattles ofan old lady named Annie
Midlam, then recently deceased, an old
oaken box. The article was knocked
down to him for the triding sum of 4
sHillings; but, on examining his pur-
chase, found secret drawer bottom, and
in this drawer there were 40 spade"
guineas, bearing date anterior to the
year 1902 Together with the money
were two memoranda, one relating to the
repair of watch belonging to a certain
John Bennett, and the other crouched in
the following terms: "When my
uncle Blown gave me so guineas
at Christmas as present for
waiting on hin during his Illness.
Anne Lotion, Broomieshall, 1798." The
discoverer of the 40 spade guineas In the
drawer made no secret of his good luck;
whereupon the executors of Mrs. Midlam
claimed the money, and on the defendant
declining to restore 1t, an action was
brought against him. The case was tried
at Derby, by Lord Justice Bramwell,
without Jury. For the defendant it was
shown that there had been person
named Anne Lotion, living at Broomie-
shall in 1893; that she died at the age of
SO, at Smethwick that she had relatives
| by the name of Bennett, and that down
| to the time of her death she was il the
possession of box closely resembling
| that in which the spade guineas were
| found. AT her death her neice's hus-
band took possession of her property,
md sold it in 1872. The plaintiffs, on
the other hand, called two servants of the
diseased, Mrs. Anne INDIAN, who swore
that she had had the oaken box in dis
pute for at least four and twenty years,
and that she was accustomed to keep her
valuables in it, but they never heard her
allude to the secret drawer, or 10 the
guineas. Anne Lotion, it was proved,
was neither related to nor acquainted
with Anne Midlam. Lord-Justice Bran
well held that the plaintiffs bad not
made out their case, and gave judgement
for the defendant. whereupon the appli-
cation was made for new trial.
The contention of counsel for the
plaintiffs was that, although the box and
the spade guineas may originally be-
| longed to Anne Lotion, she might have
disposed of them in many different ways
during period of more than 10 years;
but Lord.,ustice Brett pointed out that,
assuming that the guIneas had once be-
| loneed to Anne Lotion, and had somehow
passed into the possession of Anne Md
lam, such Possession, if it were an uncon-
scious one, would C, infer no title upon
the latter. The guineas were in secret
drawer, and Mrs. INDIAN made no men
ton of them either III her will or on her
death bed. His lordship arrived at the
conc usion that the two servants had
been mistaken IN saying that their ms
tress had had it in Der keeping tor four
and twenty years, land that she had IL
reality bought it in 1872 at the sale OF
Anne Lotions effects. Judgment, there
fore, went for the plaintiffs, who will
consequently keep their spade gulneas,
or such remnsnt thereof as will not be
melted away by neat little bill OF costs
as between lawyer and client. Substi-
tute will, parcel of bank notes, or q
diamond necklace for the 40 guinness,
and the romantic elements presented by
the case of "Orme against Shiptonn will
be at once apparent.