The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1890-02-12

trict, we're announced yesterday. The rescripts
are all by Chief Justice Peters;
ANDRoscoGGN COUNTY.
John II. Coombs VS.. Persons Unknown.
Rescrfpt-ln proceedings for partition of land
aiming tenants in common, where any person
claims portion Of the premises in seyeralty HIT
order to -scerlain what premises will be left sub
Ject 10 partition
valid because such assignee made some mistake
IN his notice OF appointment. The requirement
To give notice Is merely directory.
Where the title Of the insolvent is convex ed TO
an assignee, and he conveys it TO another, the
grantee holds the title, notwithstanding any ir
regularity In the mode OF administ ring his du-
ties as assignee. Third persons having no inter
estin the title can not make complaint, though
tenants in common with the holder of the insov-
ent title
In proceedings for partition. the partition
sought for eau not be prevented by respondents
who set up the objection that a share In the es-
tate not however in conflict with their shares is
owed by minors out of the state, who have moi
absent parties are reasonably protected by statu-
tory provisions and the care of the court
Section T. chap. 80, which requires that guar
Dian be appointed In such proc edings by tn.
court, does not apply in the cas- of infants living
out OF the State The court has jurisdiction Ion
that purpose only on infants living within the
st lie.
In severalty.
"Judg. emit for Jesse Davis for the parcel
coroing to the petition / the remises remaining.
Ell Eliza J. Rr.asaa@ ct a., applts from decree Of
alde0u Bearce admir-.
Rescript-In ca wlierert6e question was
whether a testator had or not capacity to make a
wild, a opponent being asked what opportunities
he had hal for observi g tue condition of tie tes-
Iator, answered the iuer ogaiory fully, and add
ed: He was Just as sane as you or l." He'd,
that it was within the discretion of the Judge to
refuse to have the last clause Of the answer
stricken out the motion there or not being madr
until after the whole answer had been read with
out objections and the obiecting counsel knowing
in advance what the answer was to be.
Exceptions overrulrd.
FRANKLIN COUNTY.
John A. Stoyell VS.. Hiram B. Stoyell
Rescript-A maker of note, In a suit thereon
by the payee, is not allowed TO testify against the
note, that It was given for the purpose of re-
ceipt, or as understood by the parties as hav &
aE Lhs effect of receipt, as that would be The
paper that was in fact receipt, and that he was
Induced to suppose So not himself reading The pa
per. or noticing its terms, by the fraud of the
Motion overruled.
KNOX COUNTY.
Gilman b. Ingraham VS.. Camden & Rockand
Water Company.
Rescrtpt-Ihe compliments recovered iudp-
m.nt against the defendants as trespassers IN
preventing the natural waters of a brook flowing
through their lands for period before the defe ID,
ants had proceeded TO ia Q the waters under The
authority given TO them by the legislature. That
dld not prevent the defendants acting under their
chaI ter afterwards, thus RENTING the complain
anti to the statutory remedy provided for their
future damages instead OF the former remedy at
comm n law.
The u-ierdants' charter authorizes them to
take, detain and use the water of oyster River
Pond, and, and all streams tributary thereto in
the town OF Camden" This gives then the au-
thorty TO detain the water in the poBd thus flow
lug the lands of propretOrs on the pond al M
streams above, and lessening the natural flow be-
low; all proprietors both above and below, having
statutory remedy specially provided for the dam
ages sustained by them.
taking Ly the defendants OF 50 much wat-r
from Oyster River POND may be required by
them, mot exceeding 10000 gallons every 81
hours, and no more Is a sufficiently definite
taking and damages to proprietors below the pond
are allowable upon the presumption that The de-
Ienoants VIII consume that amount They take
what they are entitled to take.
Bill dismissed with costs.
LINCOLN COUNTY.
Josiah Bruce VS.. Miles Sidellnger
Rescript-Th statute which requires lumber of
any KIND TO be surveyed or measured by sworn
surveyor or measurer, 10 ascr rtain its quantity
does not apply to labor In any way expended on
lumber, though to be paid for according to the
thousands or cords OF such lumber; 1t applies on v
to saes OF lumber.
Exceptions overruled.
YORK COUNTY
RCscript- The game, praciiced ia and of fairs
and charities Of voting with tickets
purchased at fixed prices for candidates of whom
the me IN whose name the most tickets are voted
is to receive some article which the whole number
of tickets pay for, is not illegal either under the
statute o. at common law In his state.
Motion sustained.