The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1881-04-10

How the Vermont Squire Outwitted tn .
Boston Lawyer
There "a q certain Vermont farmer
named Brown, who owned q large'sheep
farm, and who, nee 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 as 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,
neighborhood, and had accordingly
70 receive the interest and forward the
same to him.
At length, however, Farmer Brown,
inding 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. aud other personal property,
die farm itself being already mortgag-
I'd to the Boston lawyer.
Rat Rroxup ofsll fafla1 ~ nroonar apA
1t length could pay interest neither to the
lawyers norto Smith. Then it was agreed
hat his assets should be fairly divided
Joyce, a Justice of the peace in the
aeighborhood. who was a member Of
he same church as Smith, was selected
The squire's Office, and each spoke for
himself, the lawyer first. Said he: Il
have a first mortgage on the farm,
luly executed and recorded. and, Of
course. the farm must belong to me-"
mot muchr' said Smith. 81 have q
mortgage later than yours, on the per-
sonal property and if that isn't enough
% cover my debt, l shall grab the farm
90. My equity is superior to yours.
Isn't that so, squirep"
The squire hemmed and hawed
and finally said to the lawyer: you
consented to Smiths mortgage, didn't
IouP"
'Neverr' said the lawyer.
That makes no difference" inter,
.upted Smith, 81 did it for your
'.Jes' SO, jes soP" said the squire. Il
remember. The whole business was
mighty simple. You jest consented as
his Boston mans attorney, to Browns
making a mortgage to you"
But what OF it." cried the lawyer.
'.IIe couldn't give any binding assent
10 make his mortgage better than
nine.".
perhaps not in law" said the squire,
but in equity. in equity. my dear sir,
We go by equity here in Vermont"
''Yes, l call it inequity." said the
awyer, soto voice.
Besides" said the squire. 81 am in-
.lined to believe that it was the inten-
ion as between Smith and Brown that
he mortgage of the carts and fixings
ihould include the farm too, Though
he writings don't jest say So. Wasn't
hat so SMITH"
.'Certainr' said Smith.
"But that makes no difference" cried
he lawyer, you must go by the
,ecord, I've authority on that point"
ind he produced a bag full of books.
Young MANI cried Justice Joyce
everely, "Pd have you know that
his court isn't hide bound by prece-
Tents. l sit here to do equity as I I'M
ierstand it. Kquitas non sequitur
egena. Aheml"
That's SO in Vermont, by jingoP'
ricd the lawyer waxing wrath.
.'Order in the courtrf cried the squire.
Besides. / mean to make 1t a rule in
ny court that the last mortgage shall
always have priority. It's SO with Wills,
Why not with mortgages? Answer that,
rou Boston chap"
The lawyer vas dumbfounded.
IT 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 q running account at both
places, you just bring in those bills and
mebbeI 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 q wiser man. Smith grabbed
the farm and sheared the sheep and
said tauntingly to the lawyer, "What
are you going to do about it?"