The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1892-03-24
VERMONT EQUITY.

er named Brown. who owned large
sheep farm. and who. once Oh q time
finding himself In difficulties. cane
down to Boston ard consulted his
bTother-in-law. who was . law4\ as
to ways and means of raising moEcy-
The lawyer who was q keen man Of
business. and had money to spare.
agreed to lend the farmer such sums
as lie required. provided the latter
would give him Il first mortgage on
the sheep farm. The farmer assented
TO this, the mortgage was duly made
and recorded. and the farmer return
ed home to Vermont with money in
his pocket.
Time went on. and the farmer paid
interest promptly, the same passing
through the hands of one John Smith.
who was man of mark in the farm
ers neighborhood and had according
ly been deputed by the Boston lawyer
to receive the interest and toward the
same to him.
At length, hover, Farmer Brown.
finding little market for his wool, and
having invested In certain worthless
outlying farms, again fell into Difficult
ties and this time sought the advice
and assistance of his neighbor, Smith,
who, after looking over the matter,
agreed to advance Brown certain sums
and take security, by mortgage On the
farmers carts, wagons, horses, sheep
sheers, and other personal property,
the farm itself being already mortgag
ed to the Boston lawyer
But Brown still failed to prosper.
and at length could pay interests
neither to the lawyer nor to Smith.
Then it was agreed that his assest
should be fairly divided between the
two mortgages, and Squire Joyce, a
Justice of the Peace in the neighbor-
hood. who was a member of the same
church as Smith, was selected to act
as~referee The parties met at the
Squire's Office, and each spoke for
himself, the lawyer first. Said he: Il
have a first mortgage on the farm,
duly executed and recorded, and of
course the farm must belong to me-"
Not muchr' said Smith L have
mortgage later than yours, on the
personal property, and if that isn't
enough to cover my debt, shall grab
the farm too. My equity to yours
Isn't that SO, Squire?"
The Squire hemmed and hawed and
finally said to the lawyer: You con
sented to Smiths mortgage, didn't
yeu?'
Never" said the lawyer
That makes no difference inter
rupted Smith. Il did it for youw
"Jes' so, jes' 50" said the Squire.
Il remember. The whole business
was mighty simple. You jest consent
ed as this Boston mans attorney to
Browns making a mortgage to you"
But what of it." cried the lawyer
'He couldn't give any binding assent
to make this mortgage better than
mine
perhaps not in law said the
Squire, but in equity here in Yer
mont"
Yes, call it inequity," said the
lawyer soft voice.
Besides" said the Squire, Il am
inclined to believe that it was the in
tention as between Smith and Brown
that mortgage of the carts and fixings
should include the farm Though
the writings don'tjes say SO. Wasn't
that So Smith,
"Certainm said Smith.
But that makes no difference"
! cried the lawyer, you must 90 by the
record I've authority on that point"
| and he produced a bag full Of books.
Young man cried Justice Joyce
severely, I'D have you know that this
Court isn't hide-bound by precedents,
L sit here to do equity as | understand
it. 1E'quitOs non seguitur legem.
Ahem,
That's SO in Vermont, by iingow
cried the lawyer, waxing wroth.
Order in the COURT cried the
Squire. Besides [ mean to make it
a rule in my court that the last mort
gage shall always have priority. It's
SO with wills, why not with mort
cages? Answer that you Boston
chap
The lawyer was dumfounded
Il find on the whole case" said
Squire Joyce, Stunning up, that the
farm and personally must be sold and
Smiths debt paid, no matter what be-
comes of this Boston man. And Smith
as you say you have an interest in the
wheelwrights' and blacksmiths' shops
up to the village, and Brown owes
running account at both places, you
just bring in those bills and mebbe-
[ don't say certain, but mebbe we
can fix those up if there's any balance"
The lawyer took his books back to
Boston a wiser man. Smith grabbed
the farm and sheared the sheep and
and said tauntingly to the lawyer,
"What are you going to do about il? ?"
Springfield (Mass.) Republican.
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LINCOLN, Neb. March 1S.-On Tues
day next Gen. Thayer will move in the
Supreme court of the state for re-
opening of the case of Thayer VS. Boyd
This announcement comes as sur
prise to the people of Nebraska, but
Is thoroughly reliable. When the
mandate from the Supreme court Of
the United States was served on the
judges of the State court last Tues
day Gen. Thayer was out of the city
and was represented by counsel. The
ex-governor returned last night. and
expressed surprise at the issuance of
the mandate. He had no knowledge
of his presence being needed and
thinks the court is in duty bound to
reopen the case upon his application.
Gen. Thayer says Ire is impelled to
this action by the earnest solicitation
OF leading men of the state. Judge
Blair, of Omaha, and ex- Supreme JUS