Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1884-09-19

LUtLcr and Eplrdjm Osg00d rs PhHp
REUTER- and Gee. UHderir00i This was an
action Of trespass for cutting timber upon
land to which the plaintiffs claimed title
The defendant Rutter also claimed title to
the land upon which the timber was cut.
Both parties introduced during the hearing
deeds which covered the disputed land. A
deed in the defendants claim Of title, made
and executed in 1900, autedated the deed Of
the plaintiffs from which they claimed title
It was claimed upon the part OF Osgood that
there was msdescription in defendants
deed Of 1900, for the reason that literal
construction of the Same would include lands
of the plaintiffs, which defendant and his
grantors never occupied or claimed to own
and would also convey land in the town of
Btooklne which said deed described as To-
Gated in Townshend, and which the grantor
in said deed never owned, and for the addi-
tiona reason that in following the survey as
set forth in the deed "the river" named as the
terminus of one course in the deed would be
30 rods distant from the termination Of said
course. The plaintiffs further claimed that
by calling one course south % west instead
south % east, the deed would then har-
monize with plaintiffs deeds, would embrace
only lands in Townshend, and that the sur
vey would run to the river as stated in the
deed. The defendant claimed that if the
construction claimed by plaintiffs was adopt
ed there would be land in the "Rutter farm"
which had always been regarded as part Of
the farm which would not be included in the
deed The court held that there was no mis-
description in the deed Of 1900, and directed
verdict for defendant Exceptions were
taken and the case goes to the supreme court.
Jonathan q. Edig o. j. Henry Kidder -
This was an action of trover to recover for
the value of a sled which the defendant at
tached and sold as the property Of Alison viii
der of Wilmington. The ploin'iT Eddy had
a clattel mortgage upon aid sled duly rect I'd
ed Verdict for plaintiff $500.
H. b. Smith as. RoJert H. BdrthU. Til 3
was an action of assumpsit TO recover for the
rent Of a farm, farming tools, 500. and the
price Of wagon, 500 The defendent pre-.
scented claim in Offset and asked to be al
lowed for taxes paid for plaintiff and for
stable which he claimed was built under
contract with Smith to pay him for the same.
This case was first tried before Justice VIM.
S. Newton, who rendered judgment in IA
vor Of the plaintiff for the sum of $50.
From this judgment the plaintiff appealed to
the county court Verdict for plaintiff 1878
The case of Harris ANIL Pierce as. Jamai-
ca to recover for building a road from the
Wardsboro station to Windham town line is
now on trial and will probably last through
the week
The grand jury found an indictmt MT against
Lucius Averill Of Putney for selling liquor.
Averill was arraigned on Tuesday, plead gull.
ty to ten first offenses and was fiued 500 and
costs, amounting in all to Sis.
The grand jury, at the close of the session,
passed the following resolutions
Resoired, That the thanks Of the grand Jurors of
Wlndham county. September term, A. d. 1884, are
hereby rendered to the Hon. A. A. Butterhed, States
Attorney for said county, for the efficient faithful
and conscientious manner with which he has present.
ed TO them the various for their consideration
H"Soird, That the clerk Of this grand jury furnish
an attestel copy Of these resolutions 10 each Of the
newspapers IN Wudhgm county.
ions s. CUTTING, Clerk.