Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1898-07-02
Windsor County Court.
May Term, 1898.

May lerm, 1875.
Hon. iona. Ross, Presiding Judge.
Hon. Charles H. Markham,
Hon. Milo S. Buck, A'''' 'uuse''
j. r. Pember, Clerk.
James G. Harvey, States Attorney.
r. A. Spaford, Sheriff
Mrs. E. A. Mutt, Reporter.
This term closed at 10 A. M. on Satur-
day, June 25. From various causes it has
been unusually short, only 16 days OF
actual sitting, and on some of these days
very little business was transacted. Among
the numerous cases disposed of the follow
ing will be OF interest to the readers of the
TIMES. We have not undertaken to give
complete list of the cases disposed Of.
Chapmans VS. Richard Langworth, Chel-
sy Herrick and Armstrong. There were
| six OF these cases, all actions of trespass
| on the freehold. The result of each and
all depended upon the construction given
by the court to certain deed given by
Isaac Howe to Eliza Chapman Of a pas
ture. Mr.. Chapman commended that this
deed conveyed the soil and a complete
title to q certain lane that led from the
street to the pasture. While the several
defendants stoutly maintained that this
deed only conveyed ''the use of the lane
as it now is for the convenience Of getting
to and from said pasture"
The above is a substantially correct quo
tation from the deed. The parties had got
into controversy over the right to main
tain fence and bars across the lane near
Mr.. Longworth's house and let the cattle
feed the lane. These bars had been erected
80 times by the Chapmans and removed as
many times by the defendants. As to
which OF these contending parties were in
the right depended upon the meaning of
the deed as construed by the court.
The facts had been found by the referee,
Hon. Joel G. Baker of Rutland, but he
had not construed the deed, but referred
that to the court. Chief Justice Ross ex-
amined these six cases very carefully and
on the 25th announced. his views in a
lengthy opinion giving fully bis reasons
and decided that the Isaac Howe deed did
not convey the fee OF the lane to Mrs.
Eliza Chapman, but only the right to use
it for the convenience of getting to and
from the pasture, that she has no right to
maintain the fence and bars across the lane
near the house and rendered judgment tor
defendant in one of the cases. The plain
tiff will take the case to the supreme court.
The other five cases were continued to
await the final decision. johnson Finn
and W. W. Stickney for plaintiff Gilbert
A. Davis and w. B. G. Stickney for de-
PENDANT.
In the case of John M. Mitchell vs..
Frank W. Stiles, Judgment was rendered
for the defendant on the report of the
referee, Hon. E. Waterman. This case
grew out of the New England City" deal
in connection with establishing a newspaper
there, and was brought to recover 800
which the plaintiff had paid for stock. J.
G. Harvey for plaintiff; Gilbert A. Davis
for defendant.
A. S. Morse of West Hartford was fined
$40 for killing two cartridges out Of sea-
| son.
ADDITIONAL DIVORCES GRANTED.
Lewis B. Bates from Lydia H. Bates, for
adultery, Arnold for petitioner; John Cou-
termarsh from Queene Coutermarsh, for
adultery, Enright and Blanchard for petit
toner; Maud S. Crochler from Uric j.
Crochier, for intolerable severity Almlra
A. Cusbman from Edward w. Cushman,
for adultery, WE. johnson for petitioner;
Leila Margaret Egan from John Egan, for
wilful desertion, Stickney and Sargent for
petitioner; Myron H. Fairbanks from
Kate Fairbanks, for adultery, G. A. Davis
for petitioner; Milo B. Horton from Mary
Horton, for wilful desertion, F. c. Davis
for petitioner; iona. P. Lewis from Emily
E. Lewis, for wiltul desertion, Soutbgate
for petitioner; Sarah F. Nichols from
Frank A. Nichols, for intolerable severity,
VIM. Batchelder for petitioner; Bertha NJ.
Recor from H. Abraham Pecor, for adul-
terry, Southgate for petitioner; Carrie NJ.
Spaulding from Melvin o. Spaulding, for
wilful desertion, Arnold tor petitioner !;
Henrietta Simpson from Frederick w.
Simpson, for wilful desertion, Enright and
Blanchard for petitioner; Nellie R. Skin
ner from Arson P. Skinner, for intolerable
severity, c. E. Tarbell and W. B. c.
Stickney for petitioner, Dennison & Son
for petitionee; Elizabeth A. Slack from
Alden S. Slack for wilful desertion, South
gate for petitioner; Isabel Vangllder from
Frank Vangilder, for intolerable severity,