Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1891-04-28
~ conaI DECISIONS

The follosing dccisiuns w oXiprl
County cas.. have bc-u rviuruci by the
Law couri
Nathaniel I. >has ". Gcorsc u. Bl.
b~s, sNcCui"r.
4 grantar conVctrl o. thr pliiniid e
hotel ani loi by the fnllosing drscrip'
tion. ~ parr~l II Land situated IN
Buekhsld village anl thr bullliug. sii.
uat~i ih.r-,n, knosn a. thr bsckheii
Iluuse ani stand, containing on" aCf'
mofv 90 ir.., mrsaing ." c"u''Y u'..
same pfsmi.s-s 4. \. Nafrvn vuutsN ~
a. me- Warren. d-si conveyed ~
pfrml.rs b, tlir sane grnrfal drscfipiinn
Aijoining ths hutrl lut sas q small tfi-
angular ptflci tha' h,l bra mtny years
uutrnc,-l ani uuusr by ifsosnrf, fpun-
Ing q common grllu l uith thr hpiri lui,
tirrv t-ing us Sslbie llne t-risrrn ihr
lats r1rrpflug at one Curnrr nu thr ~
,sinnal Zoe a granite poet sas 80, Anl
p.apls wrrr in ths haht - tuting
asruss this Cummpu gtuuni shrn hp-
pr,athing ihs hpisl from a c'ftaiu iif's-
ilnn. TlIs plalniif sas devltvi by thf
.ltuaiIon snI u.s q the premis"s, suI-
f.p.lng tlc .mall ptry.l sas q phri II
hls purrhass, ani conSef~i Tie tso par
c.l. by mo,ts ani hognis Ia = third 80
.on q. the hpisl property llaNing sui'
frf,,l uI.on the warranty Ia hisosn dc'i'
d. sues the executor ~ his graniof ulrpn
the sarrauty in BAL. grantnr's d-''i. lis'i
d. iuVe.tig tic,l the meaning of the gran
It- poet, of explored the registry 20 dcs,i.
taf enough back to hsNe foani The hrsi
eouye,ang, of the hotsl lot by m tee aud
iaunl.. hi. rrrUr NOuli have bcrn pr'-
ysntel. Held, that th. action cannot bs'
maintained. Covenants of warranty in
a de,,l arr not qualified by phrase At
ia. snI II the description ~ The land
"l,elns the same premises y. \. Warren
conyc,rl to ms, even IL thruagh War
rrn's des.l an lncumbunce Nas discoS'
erablc. The reference VA. designed to
help identify the premise, conveyed
and not Ia determine the quantity or
quality oftiile. Judgment for the plain
tiff only on the count specifying an In
cumbr.nce of easement ou the title.
Damage. to be- assessed at nil prius.
Ebeneler T.. Chapman II al ". J"Vie'
diih 4. klmhall et al.
RescriJa-A young man la lS55, then
about - year. old, left hl. fathers home
Ia thi. state Ia 20 10 the Western state.
Ia search ~ busines. or work he h'd
made such a trip before, returning after
a short time going thi. time With ac-
aualntance., hc accompanied them Ia
Missouri, locating Ia the town of Liberty
In that state. In lsip he had long aud
seyer, .Ickne.. at that place, during
which be wrote home for funds, which
w.r, ..nt him. Up Ia that time lac had
h,bItually written "a hi. family friends
and there hal never been any alienation
of affection on either side. Ia the last
letter received from him by the fan'
IIy. he wrote be- Nas going Ia visit an
uncle In Indiana, but h. did not 20 there.
Getting up poorly from hi. sickness,
having naturally q weak Constitution
and suffering from lung complaint, h'
left Liberty for Chico, California, hop
log the climate there would benefit hlin
lie VA. single min, not very -ucce.,fnI
In the Affairs Of life; no, rising abo''
working at labor In different employ
ment.. Chico aud Liberty h',e beer
thoroughly searched aud the missing mat
inaulrcd for through the newspapers al
those places, and no trace of him having
been discovered, aud NO person founc
Who has seen or heard from or of hin
since ls.0, over twenty years ago
Held. that the reasonable presumption u
that he L. dead, leaving no children Il
succeed To hi. inheritance.
This being a complaint In equity b,
the relative. of the person alleged Ia b'
deceased against parties Who hold u
tru.t under the will of grandfather o
such person the fund which the com
plainants seek TO have distributed, II u
within the power Of the court, for tn
greater protection % the trustees, u
order the fund to be Transferred frou
their keeping to the keeping of the In
heritor., Imposing such term. OF liability
upon the latter as substituted trustees a
NAV be deemed reasonable.
Hill sustained.