The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-08-16

MONTICELLO, SULLIVAN COUNTY, n. T.,
August ll.-A decision has Just been rend.
cred BY Judge Weyant, Of Rockland conn
ty, in a case which Is Of considerable In
terest in this county, and which has been
in litigation some years. The case is that
Of James n. Jobe, OF this town, against
Thomas Davidson, Of Westfeld Flats. Del.
aware county. The case is as follows:
lobe took farm on the Beaverskill, in
this county, belonging TO Davidson, to work
on shares, and the arrangement continued
until 1863. In that year division
Of surplus was made, accounts settled,
aud receipts exchanged. But Jooe
says that there was surplus ei
10 sheep, Of which belonged to him; that
he wanted Davidson to bag them, and Da.
wilson said he would not buy them, but
would keep them for Jobe until lobe had
place to put them, whether that might
be three, six or nine years. Jobe further
alleges that Davidson agreed to return the
Ave sheep to Jobe whenever he called for
them, allowing Jobe the usual lay Of doub.
ling every three years. lobe agreed to
this, and the sheep were left, but the agree.
ment was not put in writing. II seems
there is a law In this State called the Stat
utes OF Frauds, under which every agree.
ment, which, by It's terms, cannot be per.
formed within one year, Is void unless 1t
is in writing. A knowledge OF this law
would no doubt be valuable to the masses
OF mankind, and particularly to farmers.
After nine years had passed Jobe de-
manded 40 sheep OF Davidson, that is to
say, 5 sheep doubled in three years and
- IN 4. ,S,. ,,aa,u on aud In nina yaa 70
10. Davidson refused to surrender the
sheep, and, in brief, denied the whole
story told by Jobe.
In 1880 lobe sued Davidson for the
sheep The case came before Justice Pa.
len and Jury. There was good deal Of
legal sparripg OF amending motions, char.
ges, &C., and beginning again; but finally
the ca q was tried. Davidson rejoined that
the entire claim Of lobe was fraudulent;
gaid that Jobe never had any surplus
sheep; none were left with him; and IL
lobe had 80 left any he had waited too
long, as the claim would be barred by the
Statute OF Limitations, or, II not then the
agreement was void by the Statute Of
| Frauds, because 1t was not in writing.
After hearing the case the jury disagreed.
This case was again tried, the same pleas
and denials being made. This time lobe
got verdict from the jury Of $l34. David.
son appealed this case to the Sullivan
County Court. After much trouble the
case came for trial before Judge Thorn
ton in 1882. That Judge, upon Jobe's
own testimony alone, non-suited him on the
ground that the agreement was void under
the Statute OF Frauds. Jobe appealed to
the General Term, which court held that
lobe was entitled to his FIVE sheep, but
would not say whether the agreement was
void or not. A new trial was granted, and
the case came before Justice Weyant-in
the absenes Of Judge Thornton-and a
jury in June, 1883, and Jobe got verdict
ior SlS4. Davidson moved for new trial,
and Justice Weyant handed down his de-
cision denying the motion, holding that
there is sufficient evidence to prove that
the five sheep did actually double every
three years. AS the case stands now
Davidson must pay the costs, which are
over $500, and he will have to pay about
the same amount to his lawyers. 1t is
estimated that five sheep will cost him
oyer $500 per head. Davidson 10 going to
carry the case to the General Term. It
will probably ruin both men.