Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-09-17
r, FRIDAY, SEPTEMBER II, 1880.

and had been very extensively engaged in the
lumber business and in the manufacture of
chair stock at Winhal Vt. That he had be-
come largely indebted to the West River
bank at Jamaica, and also to one Seth Taylor
Jr., and Billings Taylor, of Winhall, who were
also bound for the said Graham on other oh.
legations That the bank and said Taylors
on the eth of December, 1861, sued out
writs against said Graham, returnablo to the
juno term, 1862, of the Bennington county
court, which were placed in the hands of n
proper officer for service. That said Graham
with the Taylors, met on the same day at the
Office Of Butler d Wheeler, in Jamaica, who
were the plaintiffs attorneys and said Ora
ham, to save further COSTS confessed judg-
ment before i. c. Pierce, a justice of the
peace on each of said writs-on that in favor
of the bank for $500, and on that in favor
of the Taylors for 81 ,G19.Gl and costs. That
executions were issued ,the same day, and
placed in the hands of VIM. II. Carr, depu
ty sheriff, to serve and return. Graham's
property at this time consisted Of real estate,
horses teams, lumber, and chair stock in all
stages of manufacture That Graham was
DESTROYS of continuing in business and paying
off said indebtedness and the bank and Tay-
Tors were also DESTROYS that he should. Where
upon it was arranged that Graham should con-
vey certain real estate TO the Taylors-which
he did convey on that day-and also that the
Taylors would bid of the personal estate
when sold, if it went low, retaining the title
in themselves, and allow the said Graham the
custody and use of it, he at all times to keep
the property good, and from the avails of
said property, and the profits of the business,
to pay up the judgment of the bank and also
that of the Taylors and when this should be
done, then Graham should have the property
re-conveyed and re-delivered to him as his
own. The property was sold by Sheriff Carr
on said executions, and was bid of by the
said Taylors and held by them ever after, they
surrendering the use and possession to said
Graham, so he could 60 on with his business
and pay up the bank thereby relieving the
Taylors from paying said judgment debt, and
afterwards paying them. 1t appeared that
Graham had paid all the bank judgment ex-
cept about $500, but that no part Of the Tay-
lor Judgment has ever been paid, and that
Graham is now still further indebted to the
Taylors' estate for other moneys advanced by
them to said Graham to enable him the more
advantageousy to prosecute his said business.
1t appeared that Billings Taylor died in 1865,
and that Seth Taylor died in 1869. The prop
erty in controversy was attached by the de-
PENDANT, as a deputy sheriff, on q writ in favor
of David Arnold against Austin p. Graham in
1876, and after the appointment Of the plain
tifs AS administrators of the Taylors estate
There was no material conflict in the testimo-
ny, and the defendant justified under his pro-
cess. 1t also appeared that none of the origi
nal property attached and sold by Carr and
bid of by the Taylors was attached by the
defendant, or that any Of it was in existence
at the time. but that it had been used up and
worn out, and other property acquired by the
said Graham was held in its place. The de
PENDANT contended that the sale made by Sher-
i'll Carr under the arrangement shown by the
proofs to have been made, was not such an
''official sale" as would protect the property
from attachment at the instance Of other cred
itors of the said Graham, he, the said Ora
ham, retaining all the while the equitable in
terest and beneficial use of the same with the
full and undisputed control of the entire
property. Waterman and c. b. Eddy for
plaintiffs j. L. Martin and c. n. Davenport
for defendant The jury, being unable to
agree, were discharged at o O'Clock Thursday
evening