Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1881-01-28
SHEEP-SHEARING
the Vermont Squire Outwitted
the Boston Lawyer

F Vermont squire Outwitted
the Boston Lawyer.
M. Springfield CMassl Republican.
mere was certain Vermont farmer
named Brown, wha owned i rnashaor
farm, and who, once on 49, f 49,
himself in difficulties, cama daa,,, =
Boston and consulted his bratbar
law, who was lawyer, as to WAYS and
means of raising money. The iawv va~
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, Tho
farmer assented to this, the mortgages
was duly made and recorded. and IT,
farmer returned home to Vermont
with money il. his pocket.
Time went on, and the farmer paid
interest promptly, the same passing
through the hands of one John Smith.
who was n man cf mark in the farm
er's 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 diffiul-
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, 10y 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
ut 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, II justice of the peace
in the neighborhood, who was a mem
Der of the same church as Smith, was
selected to act as referee. The parties
met ut the squircs Office, and each
spoke for himself, the LAWYER first. Said
he: Il have Il first mortgage on the
farm. duly executed and recorded,
and, Of course, the farm must belong
to me.
Not much y said Smith, Il have
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 7,
The squire hemmed and hawed and
finally said 10 the lawyer: you con
scented to Smiths mortgage, didn't
your
Never p said the lawyer.
"That makes no difference" inter
rupted Smith, 81 did it for you y
'Jes' so, jes' So" said the squire, 81
remember. The whole business was
mighty simple. You Jest consented as
this Boston mans attorney to Browns
making u mortgage to YOU"
But what Of it, cried the lawyer.
He couldn't give any binding assent
to make his mortgag" better than
mine
"Perhags not In law, said the squire,
"but in equity, in equity, my dear sir;
we go by equity here in Vermont"
"l'es, / call it equity" said the law
Yer, soto voce.
Besides, said the squire, Il am in
clined to believe that it was the inten-
ton as between Smith and Brown that
the mortgage of the carts and fixings
should include the farm too-though
the writings don't Jest say So Wasn't
that SO Smith p
Certain - said Smith
"But that makes no difference cried
the lawyer, ''you must go by the re-
cord, I've authority on that point"
and he produced a bag full Of books.
IEN'A,,.,gr ,,,n,,tf ,riNl IpStinn Inuon
severely. I'D have YOU TO know that
this court isn't hide bound by prcce
dents | sit here to do equity rs un-
derstand it. -Equitas NON seQ,itr Eeqen.
Ahem !,
That's so in Vermont, by lingo :"
cried the lawyer waxing wroth.
"Order in the court" cried the
squire. Besides | mean to make it a
rule in my court that the last mort
gag shall always have priority. It's
50 with wills, why not with mortgages
Answer that. you Boston chap
The lawyer was dumbfounded.
Il 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, rs you say you have an in
terest in the wheelrights and black
smiths shops up to the village and
Brown owes i running account ut both
places, you Just bring III those bills and
mebbe don't say certain, but mebbe
we can fix those up if there's any
balance
The lawyer took his books back to
Boston wiser man. smith grabbed
the farm and sheared the sheep and
said tauntingly to the lawyer, "What
are You going to do about y
MnmILnst ha q Xnrr Irnnf o.