Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-05-19
Gales aud Sketehes.
A PECULIAR CASE.
THE TURNING POINT IN MY PROFESSION
AL CAREER.
CONTINUED from yesterday. }

Continued from yesterday
"May ask where you got this book ?''
l inquired.
80, that is of my own make ~ he said.
and then told me how he acquired the pa
per.
I opened the book again and turned to
the last page.
This has only forty-six pages" said.
lone less than quire'
You noticed that?" he replied smiling.
ii can tell you how that occurred. "And
he did.
When he had concluded l said
..Brown, you can do me a favor. You
have no particular friendship for Ben
Cuyp, have you 9''
"Cuyp, the old Hunks ? No. why ?"
81 wish you would go over to the
Clerks office and get Parsons to let You
look at the Prescott deed for the Four
Section Purchase. | know you're not a
leaky vessel, and can keep a thing to
Yourself Now, no matter what NAV
strike you when you examine that deed
and something will strike you-say moth.
ing about it to Parsons, or to any one, but
come over to my office as soon as you are
through"
81 don't see what you are after; but I'll
do it as soon as Bill comes from his din
ner.''
| went over to my office, and sat there
waiting for Brown, who came in after a
half hour. The moment he saw me he
he whistled. Then we had a long
conference. The result of it was that |
made up mind to file bill on the equity
side of the court. to set aside the convey
ance | said nothing about this to Miss
Prescott though l told her had great
hopes that the deed would not stand. A
day or so afterward, just as was getting
nv case in shape, Cuyp called on her
again. She was incautious enough to say
would fight it; and Ben went off very an
cry. Cuyp felt that he had strong case.
and took the bull by the horns. Miss
Prescott was served with a notice of eject
ment.
Two weeks, or thereabouts, after the
beginning of the proceedings, Moses
M'Kissen stepped into my Office ,and asked
me if | would lend him my copy of
Hood on Executors" for day or so.
let him have it. I was satisfied, however,
that he had come for quite another pur-
pose. So ! asked him to take smoke,
furnished him with pipe and chair,
and waited for him to open his batteries.
He soon came to the point.
"Miss Prescott has retained you, see,
in that ejectment case"
yes"
II don't see what she has to stand on
The deed IS all right and can't be got
over. know the whole transaction"
81 think the deed can be set aside"
said.
81 should like to know on what ground.
But that's your secret"
81 don't know, M'Kissen, what secret
there is in it. You have enough knowl-
edge of law to be aware that deed exc
cuted by man under the influence of
liquor is worthless. A drunken man is
not competent to make conveyance"
"Pooh! pooh! When Prescott wrote his
name he was as sober as you and | are
now, and know it. | was present and
saw him write it."
"What if we should be able to prove
that he was stupidity drunk all day on the
date of the deed?'
1--WE can prove by dozen good wit
nesses that he was not"
WEB responded. $50 you are a
party in INTEREST,""
Nothing of the kind But I do so
much business for Cuyp that get in the
habit of mixing up his affairs with mine
II is no matter to me whether you get the
better of Cuyp or not; only, so far as the
deed goes, that's all right"
Well, you and | won't quarrel about
other peoples rights and wrongs, Mac.
I've said now more than lawyer should.
But don't you run away with the notion
that YOU have the ground of our defense
That's the last thing I'd tell you. No
doubt you'll be able TO prove that Tres
colt was as sober as Judge. Don't for
get to send back that Hood by Saturday
NAV have use tor it"
M'Kissen went off fully impressed with
the notion that we would contest the deed
on the ground of incapacity of the grant
or; and this was what wanted.
The case excited deal of interest and
public sympathy ran in favor of Miss
Prescott. But. much as Cuyp was detest-
ed, every one except Peter Brown and
myself had no hope of his defeat. There
was the deed, with ample proof as to its
execution and acknowledgment; and, as
it leaked out that we would contest it on
the ground of incompetencv. it was known
that Cuvp had subp9naed dozen reputa-
BILE witnesses as to Trescott's condition
on the day of the execution. which was al
the opening of court. when everybody was
in town looking after everybody else
Mkissen did not return my copy of
Hood on Executors" according to prom.
Use. had occasion for it the dav before
the trial, for it cited case bearing on a
suit where was concerned for the plain.
tiff; and | went after it myself. M'Kissen
was ont, but his boy was in his den. and in
his presence went to the book case. and
got out the required volume. There was
a paper between the leaves, used as a
marker. took it out. intending to leave
it behind but the title struck me and I
let it remain. | found that the paper
would be of service in the case. Posses
sion was nine points of the law; so | took
charge of tie document and filed it with
the rest of the papers in the case.
The case came at last to trial. There
was a crowded court room, and every one
anxious to learn what our side had to saw
The plaintiff proved title by his deed. no
tice, and refusal to vacate. M'Kissen
who was on the stand. mentioned. un
necessarily, that Prescott was particular