The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1879-04-30
Ancient Anne Lotions Flfty-Guinea
Christmas Present.

TlvM NC AOnoon Telegraph, March &.
Material for a highly exciting three.
volume novel-as, three-volume novels
go-might be found in the case of Orme
against Shipton, which was recently
heard on appeal before the lords-justices.
The defendant, in January, 1878. our
chased at the sale by auction Of the goods
and chattles ofan old lady named Annie
INDIAN, then recently deceased, an old
oaken box. The article was knocked
down to him for the triding sum Of 4
scllllngs; but, on examining bis pur-
chase, found q secret drawer bottom, and
In this drawer there were 40 Spade"
gulneas, bearing a date anterior to the
year 1892. Together with the money
were two memoranda, one relating to the
repair of a watch belonging to a certain
John Bennett, and the other crouched in
the following terms: "When nv
uncle Brown gave me so guineas
at Christmas as a present for
waiting on him during his illness.
Anne Lotion, Broomieshall, 179s." The
d~1scoVerer of the 40 spade guineas IN the
drawcr made no secret of his good luck;
whereupon the executors of Mrs. Midlam
claimed the money, and on the defendant
declining to restore it, an action was
brought against him. The case was tried
at Derby, by Lord Justice Bramwell.
without a jury. For the defendant it was
shown that there had been a person
named Anne Lotion, living at Broomie-
shall In 1898; that she died at the age of
80, 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 a box closely resembling
that In which the spade guineas were
found. At her death her neice's hus-
band took possession of her property.
and sold it in 1872. The plaintiffs, on
the other hand, called two servants Of the
diseased, Mrs. Anne Midlam, 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 TO the
guineas. Anne Lotion, it was proved,
was neither related to nor acquainted
with Anne Midlam. Lord-Justice Bran
well held that the plaintiffs had not
made out their case, and gave judgement
Tor the defendant, %whereupon the appli-
cation was made for a 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 a period of more than 20 years
but Lord-Justice Brett pointed out that,
assuming that the gulneas had once be.
longed to Anne Lotion, and had somehow
passed into the possession of Anne Mid.
lam, such possession, if it were an uncon-
scious one, would confer no title upon
the latter. The gulneas were in a secret
drawer, and Mrs. MidIam made no men
ton Of them either in her will or on her
death-bed. His lordship arrived at the
conclusion that the two servants had
been mistaken in saying that their mis-.
tress had had it in her keeping for four
and twenty years, and that she had in
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 guineas,
or such remnant thereof as will not be
melted away by a neat little bill of costs
as between lawyer and client. Substi-
tute a will, a parcel of ~bank-notes, or a
diamond necklace for the 40 ~guineas,
and the romantic elements presented by
the case Of "Orme against Shipton" will
be at once apparent.