Sharp County record., 1881-03-24
4 Boston LAWYER OTerruled BY 4 fer'
mont Squire.

There was a certain Vermont farmer
named Brown, who owned a large sneep
farm and who, once on a time, finding
himself in difficulties. came down 10
Boston and consulted his brOther-ln-law.
who was q lawyer, as to ways and means
of raising money. The lawyer, who was
4 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 q 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 MS 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 farmer
neighborhOod and had accordingly been
deputed bv 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
les, 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 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 assets should be fairly
divided between the two mortgages,
and Squire JOvce. q Justice Of the Peace
in the neighborhood, who was a men,
Der of the same church as Smith, was
selected to act IS referee. The parties
met at the 'Squire's office and each
spoke for himself, the lawyer first. Said
he: Il have q first mortgage on the
farm, duly executed and recorded, and
Of course the farm must belong TO me-"
I" Not muchr' said Smith. I have
q mortgage later than yours, on the per-
sonal property, aud if that isn't enough
to cover my debt l shall grab the farm
too. Ny equity is superior to yours.
Isn't that so, Squire
The Squire hemmed and hawed and
finally said to the lawyer: You con-
sented toSmith smortgage, didn'tyou?"
"Neverr' said the lawyer.
THAT makes no difference" inter-
rupted Smith, Il did it for YOUR
"Jes' so, ies' sor' said the Squire.
~ remember. The whole business was
mighty simple. You Jest consented as
this Boston mans attorney to Browns
making mortgage to you"
But what OF it," cried the lawyer.
He couldn't give any binding assent
to make his mortgage better than
mine.n
Perhaps not in law" said the
Squire, "out in equity, in equity. my
dear sir; we go by equity here in Yer
mont"
"Yes, 1 call it inequity," said the
lawyer, sotto voce.
Besides said the Squire. Il am
inclined to believe that it was the inten-
ton as between Smith and Brown that
the mortgage of the carts and tixings
should include the farm, too-though
the writings don't jest say so. Was1'S
that so Smith,"
"Certainr' said Smith.
"But that makes no difference cried
the lawyer, "you must 90 by the re-
cord! I've authority on that point" and
he produced bag full Of books.
"Young MANI cried Justice joyce
severely. "rd have you know that
this court isn't hide-bound by prece-
dents. l sit here to do equity as l un-
derstandis. AquitaS non sequitGr Legent.
Ahemr'
That's so in Vermont, by jingor'
cried the lawyer, waxing wrath.
"Order in the courtn' cried the
Squire. "Besides, | mean to make it
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 chap!
The lawyer was dumbfounded
81 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 in
terest in the wheelwrights, and black
smiths shops up to the village and
Brown owes a running account at both
places, you just bring in those bills and
mebbe-I don't say certain, but mebbe
we can fix those up if there's any bal
ance.'
The lawyer took his books back to
Boston a wiser man. Smith grabbed
the farm and sheared the sheep and
said tauntingly to the lawyer, What
are YOU going to do about it?"-Spring-
feld Mass. Republican.
A Sad Case.