The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1881-03-10
SHEEP P-sHEARING.
How the Vermont Squire Outwitted the
Boston Lawyer.


Boston Lawyer.
| There was a certain Vermont farmer
named Brown, who owned a 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 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, pro-
vided 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 in his pocket
Time went on, and the farmer paid
interest promptly, the same passing
through the hands of one John Smith.
who was a man of mark in the farmer 8
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 mortgagg-
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 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: 81
have first mortgage on the farm,
duly executed and recorded, and, of
course, the farm must belong to me''
s.Not mucnr' said Smith. 81 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?''
The squire hemmed and hawed
and finally said to the lawyer: You
consented to Smiths mortgage, didn't
YOUR
'.Never!'' said the lawyer.
'.That makes no difference" inter-
rupted Smith, 81 did it for your
''Jes' SO, jes SOP" said the squire, 81
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.
'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 go by equity here in Vermont.
Eyes, 1 call it inequity," said the
lawyer, soto voice.
'.Besides," said the squire, 81 am in
clined to believe that it was the inten-
ton as between Smith and Brown that
the mortgage of the carts and iixings
should include the farm too,-though
the writings don't jest say so. Wasn't
that SO Smith,
s'Certainr' said Smith.
s.But that makes no difference" cried
the lawyer, '.you must go by the
and he produced bag full of books.
CIICh ColCC
severely, I'D have you know that
this court isn't hide bound by prece-
ients. l sit here to do equity as l un-
ierstand it. 4Equttas non sequitu7' |
'egem. Ahem!'
That's SO in Vermont, by jingo!" |
;ried the lawyer waxing wrath.
.sOrter in the court!' cried the squire. |
Besides, | mean to make it rule in |
ny court that the last mortgage shall |
always have priority. It's so with willis, |
Why not with mortgages? Answer that, !
you Boston chapr'
The lawyer was dumbfounded.
Il find on the whole case" said |
Squire Joyce, summing up, ''that the
.arm and personally must be sold and
smiths debt and interest paid, no mat
er what becomes of this Boston man.
And Smith, as you say you have an
interest in the wheelrights' and black
'miths' shops up to the village and
Brown owes a running account at both
places, you just bring in those bills and
nebbe-I don't say certain, but mebbe T
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
aid tauntingly to the lawyer, "What
re you going to do about it?'