Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-10-08
WLNDHAM COnNrY C0nRr.

Clark and Chapman Machine Co. Us. Mark
LtDermOre This was an action of trover to
recover for certain machinery and betting.
1t appeared that the plaintiffs sold to one Le-
vi Troot Of Jamaica, some machinery and
betting and claimed to have taken lien upon
the same, when the property was sold. Troot
soon after purchasing this property was sued
and the machinery and portion of the belt
ing, for which the plaintiffs sought to recov.
er, was attached and sold on execution rs the
property of Levi Troot. 1t further appeared
that the lien given upon the machinery and
portion of the betting was not in fact exc
cuted until after the property was attached
upon wrlts issued against Troot. Livermore
purchased at sheri6's sale all the machinery
above mentioned and some betting; he also
had some other betting, upon which plaintiffs
had united lien and which Livermore came
in possession of through other parties The
court held that plaintiffs could not recover
for the property attached and sold on execu-
ton, under the circumstances above describ-
ed but could recover for that portion of the
betting which defendant Livermore, had in
his possession, and which was not purchased
at said sheriG's sale.
Benjamin r. Bdtc6eIder u.s. Russell l..
Roberts.-Action upon promissory note.
Judgment for plaintiff, S2lS3G Exceptions
by defendant. Execution stayed and cause
passed to the Supreme Court.
r. A. Whitney rs. Fred Sprdgue. S. S.
Hunt Trustee. This was an action of as
sumpsit to recover for a suit of clothes sold
to the defendant by +. S. Bracket a Co.
The defendant claimed that he did not have
the clothes in controversy and that he had
paid said firm for oil the clothing whichhe
had ever purchased of them. Judgment for
plaintiff Sjj.lO
John w. M0Ore Us. JOhH A. B0nd This
was an action of trover for n three years old
steer The defendant admitted that he took
and sold the property in controversy, but
justified upon the ground that he was tax
collector in school district No. ., in Newfane,
and that he seized aud sold the property to
satisfy tax which he had in his hands for
collection. Judgment for defendant. Excep-
tons. and cause passed to Supreme Court.
Erorcu J0hHSOH rS. Henry j. Sag. This
was an action of assumpsit to recover for Ia
Dor performed for the defendant. It appear
ed in evidence that the plaintiff, johnson,
and one Powers, one Sunday made the fol
| lowing trade. Powers sold TO johnson some
| potatoes in the field, about two tons of hay
| three old hens and score or so of chickens
| for which johnson gave Powers revolver
and agreed to pay him twenty dollars in mon
ey. Sage owed johnson for work, and it was
afterwards arranged that Sage should pay
! Powers the twenty dollars Powers and John
son rescinded their trade afterwards the re-
| volyer was passed back to johnson, ant
thereupon the plaintiff johnson, claimed his
wages Of Sage. In the mean time, some one
| brought suit against Powers and trusted
| Sage, before Sage had any notice that the
| contract between Powers and johnson ha(
been rescinded and judgment was render
ed against Powers and against Sage as trus
tee, which was paid by Sage. The defendan
showed these facts in defense. 1t further up
peared that there was in the hands Of Sage
after paying the judgment rendered agains
him by the trustee, 1918. The plaintiff
claimed to recover the full amount of hi
claim against the defendant It also appear
ed that plaintiff was present when Sage mad
his disclosure to the magistrate, as trustee 0
Powers, and made no claim to the fund be
fore the magistrate. Judgment for plaintiff
! Sj.7j.
The following divorce cases were hear,
and divorces granted:
William L. Gdie rs Mary i. Gdle-Bl
granted for wilful desertion
Maria f. johnson rs Waiter h. JokRss,,
| Bill granted for intolerable severity
DaHid NUlht rs FiaRR AuAd.-Bil
granted for intolerable severity.
Susan +. GoiaSmth as. Fletcher b. God
Sm H. 49, Bill granted for wilful desertion.
GHbert j. Stdnhy cs. Lotty St0Hky.-B
granted for adultery.
IhHi L. Lille Is. C. 4. LilEf.-Bi
granted for wilful desertion.
Mary h. Bailey "a. FTe1 w. Bdiky-Con
tin ued for further proof.
At the adjournment last Saturday the bus
ness of the term not being completed, n reces
was taken until to-day, when several couI
cases will be heard and the chAncery docke
will be gone through with. final adjourn
III l.