The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-06-13

ANDRosooeGIN COUNTY.
Pleasant Hill Cemetery VS. Isaac N Davis
and Tr
RescriDt 5y Emery, 1.-THE former assignment
law did not create even give validity to assign
ments for benefit of creditors but only regulated
or controlled them. The repeal of the assignment
law by the enactment of the usovent law, left
such assignments TO be governed by the rules of
invoked.
Where a creditor, not a party to the assignment,
instead OF proceeding under the insolvent law re-
sorts to trustee process of attachment in COM
mon law action he cannot in the absence of fraud
revoke or undo what has been done and executed
at the time of his attachment, by such process
avoid any. rights then acquired by third parties
under such assignment
Exceptions oyerruled.
CUMBERLAND COUNTY.
Stephen Gould vs. Patrons And. M. +. ms. Co.
Rescript By Lib6ey, 1.-THE policy in suit was is
sued by the defendants to Mrs. Croker. Under the
conditions therein by the sale of Mrs. Croker to
Perkins of the land and buildings insured with no
sale or assignment of the policy to him the policy be
came void. Mrs. Gro ker no longer had an insura-
bic interest in the buildings.
The Court is not satisfied that Mrs. Croker
after the tale by Perkins to the plaintiff of the
premises, sold and assigned the policy to him. If
she did 1t was then a void policy and the plaintiff
took nothing by the assignment.
Whatever the transaction may have been between
the plaintiff and Mrs Croker, the defendants
were not notified of the facts, and never ratified it.
are part of the policy.
Judgment for the defendants.
Frank H. Atwood vs. Eben N. Perry ct al
ReScript By Emery, J.-From the written memo
randum, assuming the parties to be honest there
was c early mutual agreement by which the de-
for the corn. Each promise was sufficient con-
sderaton for the other. 1t is also clear the plain
TIN was to call in writing for the corn within six
months from the close of the packing season.
winch he did. 1t is also clear that time was
named fer payment, which was to be four
months after delivery of the corn The
substitution in the defendants copy of the word
"fOr' for the word "from' in the plaintiffs COW
was evidently inadvertent and cannot change the
clear meaning as gathered from the whole writing.
The flour months Enthusiastically refers to the time
Of payment not to time of delivery. The promise
OF defendant to label corn could be waived by
plaintiff, it not appearing that such labelling was
for defendants benefit.
Exceptions overruled
John A. Northrop, petitioner appellant VS..
Clarence Hale, administrator
Rescript By VirgiR, Jon the question of pedi-
gree, declarations are admissible: % When il ap-
pears by evidence dehorS that the declaration was
lawfully related by blood marriage to the person
or family whose history the facts concern (2) That
the declarant was dead when the declarations were
rendered; and (3) That they made ante Item
ns0tdm. Thus, in determining who are the rightful
distributes of intesate estate the declara ions
family the claimant was not only born and brought
up, but in which the intestate herself also lived
when the claimant was born and for several wears
thereafter are admissible, when made ante htepl
Da0tdsa for the purpose of showing that the claimant
interstate
then been married.
Exceptions sustained.
FRANKLIN COUNTY.
Thomas Cr0swell ct al. VS.. Orrin THfts
Rescrtpt By Li6bey, J.-When the defendants
deputy who had all the executions in his hands
failed to sell on the 10Th of May, 1877, the time
appointed therefor, all of the attachments of the
debtors real estate on the original writs were dis
solved By the second seizure on the 18th of MAY.
on all ef the six executions at the same time the
plaintiffs acquired lien on onesixth of the lands
seized, ii the sixth did not exceed in value the
amount OF their debt and it was the duty of the
officer to make sale in a manner to secure the
plaintiffs lien. By failing to do so the defendant
became liable. We not satisfied that the plain
titfs agreed with the deputy that he might make
sale and apply the proceeds in the order of the
original attachments. The seizure and return to
the Registry of Deeds of the debtors lands on the
ground that the service of the execution mist he
suspended by reason of the prior attachments can
be shown only by the officers return thereof on the
execution. No such return made. The declar-
alton was not framed to present the officers La
bility for failure to dol so.
Judgment for the plaintiffs for one-sixth of the
amount of the sales of the debtors real estate
seized and sold. Judgment for the plaintiffs for
$196.95 and interest from June 81, 1877.
Charles V. Look VS.. Frank Luce Exceptions
and motion overruled.
State of Maine VS.. George B. Dyer. Exceptions
oyerruled. Judgment for the State.
OXFORD COUNTY.
State vs.. Seth W. Fife.
Rescript By Li6bey, 1.-THE court is of opinion
that the charge of the presiding judge to the jury
was full fair, and stated the law applicable to the
case clearly and accurately. 1t embraced the re-
quests SO far as they were applicable to the case
and were sound law, and the Judge, having stated
he m he m ba o,,d