Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1881-03-26

How the Vermont Squire Outwitted
the Boston Lawyer.
Springfield (Mass.) Republican.

How the Vermont Squire Outwitted
the BOSTON Lawyer.
Springfield (Mass.) Republican.
There was a certain Vermont farmer
named Brown, who owned large sheep
farm, and who once on time, finding
himself i'm difficulties, came down to
Boston and consulted his brOther-in-law,
who was lawyer, as to ways and means
of raising money. The lawyer, who was
keen man of business, and had money
to spare, agreed to lend the farmer such
sums as he required, provided the latter
would give him 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 i'm his pocket.
Time went on, and the farmer paid
interest promptly, the same passing
through the hands of one John Smith,
who was 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 Farmer Brown, finding little
market for his wool, and having invest
ed in certain worthless outlying farms,
again fell in difficulties, 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 mort
gage of the farmers carts, wagons,
horses, sheap-shears, and other personal
property, the farm itself being already
mortgaged to the Boston lawyer.
But Brown still failed to prosper, and
at length could pay interest neither to
the lawyer nor to Smith. Then it was
agreed that his assests should be fairly
divided between the two mortgages and
Squire Joyce, justice of the peace in
the neighbOrhOOd, who was a member of
the same church as Smith, was selected
as referee. The parties met at the
'Squire's office, and each spoke for him.
self, the lawyer first. Said he. 81 have
first mortgage on the farm, duly exc
cuted and recorded, and of course, the
farm must belong to me-"
"NOt muchp' said Smith. Il have a
mortgage later than yours, ON the per-
sOnal property, and if that isn't enough
to cover my debt, shall grab the farm
too. My equity is superior to yours.
Isn't that so, 'Squire?" fI1 TC
The Squire manned and hawed and
finally said to the lawyer: you con-
sented to Smiths mortgage, didn't yOu?"
"Never" said the lawyer.
THAT makes no difference" interrupt
ed Smith, Il did it for your
"Jes' so, jes' SOP" said the Squire, 81
remember. The whole business was
mighty simple. You just consented as
this Boston mans attorney to Browns
making a mortgage to you"
"But what of it." cried the lawyer.
HE couldn't give any binding assent to
a mortgage better than mine."
Perhaps not in law" said the Squire,
'but in equity, in equity, my dear sir;
we go by equity here i'm Vermont"
"Yes, | call it inequity," said the law
yer, soto vote.
Besides" said the Squire, 81 am in
clined to believe it was the intention as
between Smith and Brown that the carts
and fiXings should include the farm too,
though the writings don't jest say so.
Wasn't that so, Smith,"
"Certainp said Smith.
"But that makes no difference" cried
the lawyer, you must 60 by the record.
I've authority on that point" and he pro-
duced bag full of books.
"YOung man," cried Justice Joyce,
severely, "Pd have you know that this
Court isn't hide-bOund by presidents. !
sit here to do equity as understand it.
Euqitas non sequitur legem. Ahemr'
That's so in Vermont, by jingOw
cried the lawyer, waxing worth.
"Order in COurt?" cried the Squire.
Besides, mean to make it rule in
my Court that the last mortgages shall
always have priority. "It's SO with wills,
why not mortgages? Answer that, you
Boston chapp'
The lawyer was dumfOunded.
Il find on the whole case," said Squire
Joyce, summing up, "that the farm and
personality must be sold. and Smiths
debt and interest be paid, no matter
what becomes of this Boston man. And
Smith, as you say, you have an interest
in the wheelrights' and blacksmiths
shops up to the village, and Brown owes
a running account at both places; you