The Republican journal., 1896-04-30
Supreme Judicial Court.
CHIEF JUSTICE PETERS PRESIDING.


which was adjourned over from Wednesday.
The plaintiff formerly lived in New Hamp-
shire, and in June, 1894, went to Turtle
Head to keep house for DR.. A S. Davis at
his summer home. In October of the same
year they We're married. Soon after the mar
riage Dr. Davis decided the Turtle Head
property to his wife, but later he was in
formed by one Jewett, a conveyancer and
real estate broker in Boston, that deed
directly from man to his wife is not legal,
that third party must intervene. A deed
was accordingly made in November, 1894,
from DR.. Davis to DIR. Sherman of the same
property, Mrs. Davis relinquishing her
right of dover, with the understanding, on
Mrs. Davis part, that DR.. Sherman was to
reconvey it to her. A similar deed was also
made of DR.. Davis residence in Chelsea.
These deeds were all duly recorded at the
time in the counties where the property was
located. In May, 1895, another deed, bear
ing the same date as the others, and alleged
to have just been discovered among some
other papers where it had lain for six
months, was recorded in Waldo County
Registry of Deeds. 1t is from Mrs. Davis
and DR.. Davis jointly, and conveys the Isles
boro property to DR.. Sherman. Under this
deed DR.. Sherman leased the property to a
Boston detective, Geo. G. Wragg, who came
down to take possession, but for some rea-
son did not do SO. The plaintiff claims that
this deed is a forgery that she has no
election Of ever signing it, and believes she
never did that if she did sign it the act was
done under undue influence, that she did not
know or understand what she was doing.
An expert in penmanship was called in, who
testified that the signatures of Lillian d.
Davis on the other deeds, which are ac-
knowledged genuine, all alike, while
that on the disputed deed is different in
many respects. The defendant claims that
the property was conveyed to DR.. Sherman
as security for money loaned. The jury re-
tired Friday night and returned sealed
verdict, which was opened Saturday morn
ing. They find for the plaintiff, and that
the disputed deed was not signed by the
plaintiff. Dunton and Hanley for plaintiff
Hartman and Pratt for defendant.
Fred H. Coffin vs.. f. W. Brown, Jr., and
Chas. E. Lane, trustee. Action on account
Trustee charged S14S.5S and principal de-
PENDANT charged S16002. Dunton for plain
tiff. Brown pro Sc.
Inhabitants of Thorndike vs.. Inhabitants
of Knox. Action to recover SIG furnished
as pauper supplies to one Edgar Waning
The case, however, involves much more
than the amount sued for, az it carries with
1t the pauper settlement of the whole fam
lily. The plaintiff town claims that he had a
settlement in Knox, derived from his father,
who moved into that town in 1874. The son
became of age Feb. 16, 1883. III 1884 the son
voted in Thorndike, but the plaintiff claims
this voting was Illegal; that he belonged in
Knox. A tax assessed against him the next
year in Thorndke was afterwards abated.
and he paid taxes regularly in Knox. To
fix the residence Of the father on the de-
PENDANT town it was necessary to show that
he lived in that town five years consecutive
ly without receiving pauper supplies. He
did receive supplies from the town, but the
claim was set up that, being a soldier, his
receiving such supplies did not disfranchise
him or effect his pauper residence Chief
Justice Peters ruled that in order to come
under the statute which exempts soldiers
of the late war from becoming paupers. it
must be shown that he was a regularly en-
listed soldier of the United States in the war
of 1861 that he received injuries while in
the service, and that such injuries were the
cause of his dependent condition. There
other minor of "a.
volved, but they We're of a nature common
to such cases. The most interesting point
to the general public is the relation of the
soldier to the town in regard to pauper sup
plies. The case was argued by Mr.. Nc
LeIlan for the plaintiff and Mr.. Dunton for
the defendant. Verdict for defendant.
VIM. A. Staire vs.. Inhabitants of Sears
port, Action to recover $1,000 for injuries
alleged to have been received by defective
highway in the defendant town. The plain
tiff alleges that on the evening of Aug 90
1888, he was riding down what is known as
the Black Hill on the road from Herbert
Blacks to the Stockton Springs town line,
when, by reason of hole in the road his
wagon was broken, the horse ran away and
was injured and the plaintiff thrown from
the carriage The injuries to the plaintiff
consisted of bad bruises on the head, shout
ders and thigh, and an injury to the sciatc
nerve. The usual questions of fact in regard
to notice to the town officers, the care exer-
cised by the plaintiff in driving, his con-
dition since the accident, etc. entered into
the case. 1t was opened to the jury Tuesday
forenoon, the plaintiff being represented by
.. f. Fellows, Esq, of Bucksport and the
defendant by r. F. Dunton, Esq, of Belfast
Wednesday noon the jury started for Sears
port to view the premises, and had not re-
turned when the Journal went to press,
Wayland Knowlton, petitioner FOR review,
VS.. Holt and Bart, has been dismissed. no
costs.
U. G. Eastman vs.. Sarah j. Nealey. ac-
ton for wages for work on defendants build
ings in Belfast. Entered neither parry
b. y. Sargent, petition for partition, vs.
Henry Mathews ct ais. Judgment fer par
tition as prayed for. Commission appointed
to make partition. Runnells for petitioner.
A. X. Fletcher vs.. Chas. W. Deering Ac-
ton on mortgage. Adjudged due 1886.
johnson for plaintiff.
The following attorneys from other coun-
ties have been in attendance the past week