The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1881-03-24
SHEEP -sHEARLNG.


Boston Lawyer
There was a certain Vermont farmer
named Brown, who owned n large sheep
farm, and who, once on a time, finding
himself in difficulties, came down to
Boston and consulted his brother-in-law,
who was q lawyer. as to ways and
means Of raising money The lawyer,
who was a keen man of business, and
had money to spare, agreed to lend the
farmer such sums rs he required, pro
Vided the latter would give him a first
mortgage on the sheep farm. The
farmer assented TO this, the mortgage
was duly made and recorded, and the
farmer returned home to Vermont with
money in his pocket.
Time went on, and the farmer paid
interest promptly, the same passing
through the hands Of one John Smith,
who was q man of mark in the farmers
neighborhOOd, and had accordingly
been deputed by the Boston lawyer
to receive the interest and forward the
same TO him.
At length, however, Farmer Brown,
finding little market for his wool, and
having invested in certain worthless
outlying farms, again fell into difficult
ties, and this time sought the advice
and assistance Of his neighbOr, Smith,
who, after looking over the matter,
agreed to advance Brown certain sums
and take security, by mortgage Of the
farmers carts, wagons, horses, Sheep
shears, aud other personal property,
the farm itself being already mOrtgag-
ed to the Boston lawyer.
But Brown still failed to prosper, and
at length could pay interest neither to the
lawyers nor to Smith. Then it was agreed
that his assets should be fairly divided
between the two mortgages, and Squire
Joyce, a Justice Of the peace in the
neighbOrhOOd. who was a member Of
the same church as Smith, was selected
to act as referee. The parties met at
the squire's Office, and each spoke for
himself, the lawyer first. Said he: 3 Il
have a first mortgage on the farm,
duly executed and recorded, and, Of
course, the farm must belong to me" p"
''NOt mUchr' said Smith. Il have q
mortgage later than yours, on the per-
sonal property and if that isn't enough
to cover my debt, I shall grab the farm
too. My equity is superior to yours.
Isn't that 50, squirrel
The squire hemmed and hawed
and finally said 70 the lawyer: "You
consented to Smiths mortgage, didn't
yOuP"
''NeYerp' said the lawyer.
That makes no difference" inter-
rupted Smith, Il did it for your
''Jes' so, jes sop said the squire, II
remember. The whole business was
mighty simple. You Jest consented as
this Boston mans attorney, to Browns
making a mortgage to you"
but what Of it." cried the lawyer.
'IIe couldn't give any binding assent
to make his mortgage better than
mine.
Perhaps not in law, - said the squire,
''but in equity, in equity, my dear sir,
we 20 by equity here in Vermont. "
''Yes, I call it inequity," said the
lawyer, soto voice.
Besides, q" said the squire, ''I am in
clined to believe that it was the inten-
ton as between Smith and Brown that
the mortgage Of the carts and fxings
should include the farm too,-thOugh
the writings don't jest say 50. Wasn't
that 50 Smith?'
''Certain!' said Smith.
''But that makes no difference" " cried
the lawyer, ''yoU must 90 by the
record, pYe authority on that point"
and he produced a bag full Of books.
Young man" cried Justice Joyce
severely, "pd have you know that
this court isn't hide bound by prece- [
dents. I sit here to do equity as un-
derstand it. -HgUitGS non seqUitlIT /
Iegem. Abem!"
That's so in Vermont, by jingOn'
cried the lawyer waxing wrath.
''Order in the COURT cried the squire. |
Besides, mean to make it a rule in /
my court that the last mortgage shall |
always have priority. It's so with wills, |
why not with mortgages? Answer that, |
you Boston chapI'
The lawyer was dumbfOunded-
i find on the whole case" said |
Squire Joyce, summing up, ''that the |
farm and personally must be sold and /
Smiths debt and interest paid, no mat
ter what becomes Of this Boston man. |
And Smith, as you say you have an
interest in the wheelrights' and black
smiths shops up to the village and |
Brown owes arunning account at both /
places, you just bring in those bills and /
don't say certain, but mebbe
we can fix those up if there's any bal
lnce.
The lawyer took his books back to
Boston a wiser man. Smith grabbed
.he farm and sheared the sheep and
5aid tauntingly to the lawyer, ''What
ire you going to do about it?''