Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1892-05-05
SUPREME JUDICIAL COURT.
April Term. 1899.

LrcILIUs A. EMERY. Justice Presiding
JOHN =. KSowLroS, Clerk.
JAMES W. PATTERSON, Sheriff.
+. Z. SPoFFoRD, County Attorney.
ALERT ii. SMALL, Stenographer
FRED SWEET, Messenger.
Wednesday. April 81.
Geo. W. Allen W. Henry II. Blai,dell This
was an action OF replevin. The case was be-
gun late Tuesday afternoon. The parties re-
side In Surry. In 1886 Blaisdell gave mort
gage bill OF sale OF COW to plaintiff. In Jan
uary OF the present year plaintiff replevied
what rs he claimed was the animal mortgaged
to him The case WAS tried before the Els
worth municipal court and was before the SUI
preme court on plaintiffs appeal. The de.
fence was that the animal repievied was not
the one previously mortgsged. and that the bill
OF sale did not describe with sufficient sccur-
aby the animal repievied. Verdict for defend
ant.
F. l.. Mason AT. Burnham
for PHI. for Def.
J. 5. Kelley 4 Co. vs. VIM H. Card and
Joseph II. West. This was AN action OF as
sumpslt. The plsintif claimed that during
the winter Of ISIS SO he hauled a quantity Of
stase wood and landed 1t at defendants mill At
rocky rips" so-cslled. 10 Penob.cot county
where defendants were CARRYING on lumber
ing. The price agreed upon for the hauling
was $50 per cord; that A. soon AS the work
WAS completed plaintiff employed surveyor
and had the wood measured: that the amount
by said survey S31 cords. The defence
was that the plaintiffs survey was incorrect;
that defendant measured the wood and m adj.
81. cords, difference OF $50 cords from plain
tins survey. The defendants further claimed
that sccoring to their account plaintiff W a. in
dehted TO them (defendantsl by cash paid and
orders oyerdrawn.
l.. +. Giles l. Ns.on
FOR Pin. for Def.
Thursday. April ..
The case OF Kelley Va. Card and West Was
resumed snd given 10 the jury In the SITTER
Coco. Verdict for plaintiff for sl4s.2s.
This being the last case for jury trial the
traverse juries were finally discharged.
The United Copper Mining 4 Smelling Co.,
OF Saco. Me. vs.. Luther Franks of Boston.
Mass. This was an action OF trespass and
bill 10 equity. The bearing va. before the
court The facts In brief were A. follows: 10
ISIS the plaintiff company purchased three OF
the mining properties at Bluehill. viz: Doug.
lass. stewart and Bluehill and they were con-
sodsied under the nsme Is above. The taxes
assessed on the property by the town OF Blue
bill for the year ISIS. and the following wears
were unpaid and all Of said property v a. -old
for the unpaid taxes under the provisions OF
the statute for selling NONRESIDENT property
AT said sale the property was purchased by
the town Of Bluehill. In January 1891 one
George g. Mclaughlin OF Boston. purchased
the interest OF the town for the then unpaid
take. amounting TO S70O aud took deed OF the
same from the town. The defendant acting
rs the agent Of Mclaughlin was moving the
machinery from said properties. when the
plaintiff my brought the action of tres
pass agai N also the bill In equity TO re-
strain him from removing anyth hing more. The
defendant justified under the title OF McLaugh-
lin acquired from the town. The real ques-
ton In issue IL the validity OF the tax title
Both sections have gone 10 the law court for
determination of the various legal question.
arising IN the tax title. II the title shall be
found defective the Is to come back for
the determination Of the question Of damage
before q Jury.
Hale ( Hamiin wi.well King
for PHI. for Def
The case Of United Copper Mining & Smelt-
ing Co. vs. Franks was resumed. and occupied
nearly all Of the forenoon.
Albert Stevens for receiving stolen goods " ~
sentenced TO eleven months imprisonment ST
hard labor In the Bangor jail.
Harry E. Webber for larceny was sentenced
to forty-fve days imprisonment In the county
jail.
Saturday, April 80.
Carrie l.. Springer, HbPt. VS.. Watson X.
Springer. Libel for divorce for three years
utter desertion. Divorce decreed.
+. l.. Mason for libPt.
Maria Tompson, libft, Va. James +. Temp
son. Libel for divorce for three years utter
desertion. Divorce decreed.
+. +. Chase for librt.
Monday, Mayo.
Laura E. Davis, librt. vs.. Robert Davis
Libel for divorce Tor three years utter de-
sertion. Divorce decreed
Wiswell 4 King for librt.
Geo. W. Adams. libPt. VS.. Ida J. Adams
Libel for divorce. Divorce decreed.
o. F. Fellows for lib't.
Cbesley G. Crindle libpt Va Ida T. Grindle