The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1893-04-08
A WHEAT CASE.
A Farmer Thought he Fought
an Interest in Twenty acres,
but the Magistrate De-

o interest III a growing field of wheat OF
q which Fr. Mcdowell claimed was repre-
sented to him as the time of the sale e
contain twenty acres of land, but wLict
S by survey contained only eighteen. The
. wheat was sold at public auction Oh
| April first, 1892 by Rutledge Clifford, the
: auctioneer being John Hiudmau. The
property in question was offered in q
\ lump being purchased by Mr. Mcdowell
, at a bid of $40. According to his sworn
testimony his impression when bidding
was that the property contained twenty
, acres, as advertised on the handbills,
according to which his bid was at a pro.
portlonate rate OF $l4 per acre. He
subsequently had the land surveyed the
measurement showing only ighteen acres
This deficiency reduced Mr. Mcdowell s
portion to nine instead of ten acres, and
when the note payable at the Rising San
National Bank maturei he deducted Sl4
from the payment, to recover which
The case was called at eleven o'clock
Mr.. Mcdowell being the first witness
sworn by the defence. He stated that
from the advertisement as we'll as the
announcement at the sale he believed he
was buying half interest III field of
growing wheat containing twenty acres
Auctiouser Hindmln when announcing
the sale stated that the half interest in a
field of twenty acres would be sold IN a
lump. Purchased it at a bid of $40 at
rate of s14 per acre. Having subse-
quently had the field surveyed found
that it contained only IS acres in wheat.
and as above stated deducted Sl4 from
the amount of the note. When sowing
clover seed in May felt convinced that
the acreage was short and had Mr..
Wilmer Falls survey the land,
Mr.. Wilmer Falls, surveyor, of North
East, was next called. Mr.. Falls testi-
mony was to the effect OF his having
surveyed the land in wheat finding it to
contain IS acres.
Mr.. Gilbert Mcdowell testified that he
attended the sails and heard Mr.. Hind
man distinctly state that the wheat would
| be sold as lot of twenty acres one half
interest purchasable.
John Williams also attended the sale
understanding Mr.. Hndman to offer one
half interest in the field of growing wheat
of twenty acres by the lump.
| George W. Clifford testifie that he
always regarded the field as II! Or Is
acres, and wnon supplying fertilizers
always purchased for that acreage.
DR.. d. L. Clifford testified as being one
of the landlords aud knew tho field per-
fectly which be considred to bs 175 or
| Is acres, and had also bought fertilizers
for that acreage. Ga one occasion after
drilling Rutlsdge stated to him that the
drill measured eighteen acres. At another
time when they calculated for the pur-
chase of fertilizer Rutledge was present
and stated that the field contained III or
| Is acres. He did not attend the sale.
Saw haudbills, but did not particularly
notice the advertisement of the wheat.
| Upon McDowslls telling him OF his
purchase he CDR. Gifford) stated that
the field III his opinion did not contain
twenty acres
Here the testimony for the defence
closed.
Rutledge Clifford called. He stated
| that when they we're ready to offer the
wheat he remarked to Mr.. Hiudman that
he had advertised the wheat as twenty
acres, but that it might be more or less.
At ore time when it was drilled it
measured y and at another II acres.
He did not know which was right nor
could he say what the exact size of the
| field was. 1t was offered by the lump,
the purchaser to take Mr.. Chords stead.
| The conversation was before number
of persons. Didn't know the quantity
of land in field. He said that he had
told Dr. Clifford, after drilling the field
on one occasion, that the drill made III
acres. Couldn't say the exact quantity
of fertilizers placed on the land, thought
two tons. Stated that different drills
were used and that the fertilizers were
bought after drilling with the drill that
measured the field as III acres He
thought he stated to them that the field
contained 20 or y acres after drilling
with the other drill Thay supplied for
| - Ia ha
fertilizers, but supplied one half the
seed.
john G. Hindman the auctioneer took
the stand. The wheat was about the
last thing sold. Wien Rutledge told
him to sell the wheat he suggested that
it be offered By the lump and Clifford said
90 ahead. Did not hear him say anything
with respect to the different drills.
Announced that one half interest in the
wheat as advertised 20 acres) would be
sold by the lump. Doesn't remember as
having stated anything else on the
| stand
A. B. Cameron, who c!erked at
the sale, sworo that there was consider
abba comment upon the way in which
the wheat was offered. Heard Rutledge's
conversation in reference to the different
drills. Heard Hindman offer it as stated.
The record of sale was produced, the
entry benz zone half interest in field Of
wheat, II. G.. Mcdowell, Sl40" Heard
Clifford speak of different drills to Hind
man. Didn't see handbills nor at the
sale did lie hear anyone inquire the
number of acres in the field. Should
have stated in the entry the number of
acres in the field, but at the time did not
think it necessary as it was offered by
the lot.
A L. Clifford, was called. He attended
the sale. Heard Rutledge state to Hind
man after instructiug him to offer the
wheat, about the different drills. The
conversation was loud and was heard by
a number standing near by. He helped
drill field on one occasion the drill
making 215 acres. Heard Hindman
state that it would be sold by the
lump.
Joseph F. Fraley stated chat he heard
the conversation in reference to offeriu Z
the wheat for sale. Rutledge Clifford told
Hindman that they would then put 1t up.
Said he supposed the field contained
about twenty acres, and had been drilled
2i5 and III acres. Hindman stated that
it would be sold by the lump, the half