Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1886-09-20
THE COUNTY COURT.

judge charged the jury in the evening.
The jury remained out until about p. m.
Thursday and returned verdict in favor
of the defendant. In this case, Burke,
Edwards, Dickerman, Young, and Will
son appeared for Currier, and Prouty,
Thompson and Miles for Robinson.
Tuesday morning, the case Gray VS..
Howard was continued on deposition of
Howard that an important witness was
out of the state. A jury was drawn and
the trial of Walworth VS.. Buzzell COM
menced. This was an action of trover to
recover of the defendant the value of a
certain amount of barley and grass seed
in the straw attached by Buzzell, depu-
ty sheriff, and sold on execution in favor
of Gen. w. w. Circuit. The plaintiff in
PRODUCED writing purporting to be
lease from Eben Grant to D. P. Walworth
OF all the crops grown on certain piece
of land leased by Grant from Chandler
Twombly and Skinner for the year 1877.
swore that he leased the crops on this
land for the year 1877; that in the fall of
that year the crops in issue were attach
ed and sold by Buzzell, deputy sheriff,
on debt due from Grant to Gen. Grout.
The grass seed was cut on about 40 acres
of land. 1t was in good condition and
was stacked out of doors while the barley
cut on about Is acres was put in the barn.
70
there were about 125 bushels of grass seed
and $50 bushels of barley. OF this wit
ness swore that Walworth owned one
half under his lease, and C. B. Leland,
who bought the land from Chandler,
TwomblY and Skinner, owned the other
half under their lease. Witness testified
that he alwaws took means to rot the
straw so as to make grass seed thresh
more readily; that he wet part Of this
straw in the stack for this purpose, but
| that it did not affect the seed, and that
when the seed was threshed it was in
good condition. He further testified that
he gave Gen. Grout notice Of Waiworth's
| claim at the time Of sale. The plaintiff
| here rested his case.
The first witness used by the defence
was James Boswell, who testified to the
! attachment of the grass seed and grain,
and the sale of it under execution. He
did not consider the seed of good quality,
it being black and musty. In his judg-
ment there were about so bushels of the
seed and 25 bushels of the barley. He
received no notice of Walworths claim
on the property.
Carlos B. Leland swore that he lived
about half a mile from where the grain
and seed were stored. He owned the
land on which it was grown; considered
the grass seed badly cared for, and when
threshed of poor quality; helped threst
it, and it was so musty that it made him
self and the help sick. Bid on grain anG
seed the day of sale, but his bid was
small as he thought the seed worthless
Geo. w. Jenness testified that he serv
ed the original writ; did not hear of Wal
worth having any claim on the crops.
Milton c. Heath swore that he owned
the farm adjoining the one on which the
crops in suit grew; saw the seed in tn,
stack and knew that it heated badly; l
was small stack about 10 by II feet OIL
the ground, and feet high. He helped
thresh the seed, and it was wet ant
mouldy.
j. C. Hopkins drew the seed and barle,
from Grants to Gen. CIRCUITS in Barton
and sold it out for Grout. Thought Their
were % or 80 bushels of the seed and 5
or 60 bushels of the barley. The see,
was in poor condition, had to spread
on the floor in the barn add dry it. Re
ceived $26.20 for the seed. This he veri
fed by his book.
O. d. Owen testified that good norther
grass seed was worth $3.50, and wester
1926 in the spring of 1879.
Gen. W. w. Grout swore that he wa
: the attaching creditor, in whose beha
the seed was sold. Never saw the see
until day of sale, then examined the pill
d and found it wet and musty. The STAG
was about 10 by IL and s feet high. Bi
! off the seed and grain to satisfy executio
' of $11O, thought perhaps there was enoug
O to pay the claim. Did not know thu
Walworth had any claim until sometin
, after the day of sale. Bought one und
vided half of the seed. Leland owne
the other half, and threshed the barley an
Y seed; used two or three bags of the see
/ on his farm in Kirby. Only part of
4 grew. 1t was very poor. Tested son
of it in cotton wool moistened; about
quarter of it sprouted; considered
l. worth about a quarter as much as GOO
o seed.
d In rebuttal the plaintiff called j.
+ Smith, who swore that he had raised
II large amount of grass seed and that
always took measures to rot straw, if
, was not wet enough he molstened t.
/, stack or NOW. That rotting Of the stra
IS did not effect the quality of the see
,r That Vermont seed was worth about
cents bushel more than western see
Harlow Foss swore that he used t
- same method in curing grass seed al
Id did not think it affected the seed. Th
a he preferred Vermont seed to wester
D. and thought that there was a differen
If of SO cents per bushel in the value in
vor OF the Vermont seed.l
C. W. Wheeler testified from his boo
y that w estern seed was worth 1926 a
L Vermont seed $3.50 per bushel in t
of spring of 1879.
of Here the plaintiff introduced motion
n dismiss the action on the ground that
interest which Grant had in the land "
- not an assignable one, and hence w
L. worth had no title under his lease fr,
er Grant. The court dismissed the motto
he and the case was argued by Prouty a
o. Thompson for the plaintiff, and Crane a
ho Miles for the defendant. The jury retu
ed special and general verdict for
'io plaintiff to recover $l4O.50.
of Carrie P. Bridgman VS.. S. R. Core
be estate, was the third case tried. T
y, was an appeal from the probate court
n the diSallowance Of note of $500, p
>, porting to be given June IL, 1881, pa
BILE to Carrie P. Bridgman or bearer
So two years. The defense pleaded the e
lp- eral issue and that the note was fC
of cry.
R,,cf nit, axra ,iy,n hxyf ha, nj.