Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-29
SAGADAHOC COURT.
The December Term in Session at
Bath, Judge Powers PRESIDING,

Justice observation-disclosures A. Powers
SherifT-John w. Ballon.
County Attorney-Charles D. Newell
Stenographer-Ruel D. Small
Crer-Elbridge Cornish.
Messenger-Rodney Henderson.
The list of new entries for the pres
ent term of the supreme court at Bath.
is unusually large. there being forty
new cases entered on the docket.
Wednesday. there were no cases
ready for trial by jury and both trav-
erse juries were excused until after
noon.
A hearing was held OH the petition
for support by Mrs. Resale w. Motley
against Rufus X. Motley. The cour-
dcoreed that Rufus pay the sum of SO
month, theSirst payment to be made
Fen. /. Rufus testified that he was I'M
able to secure employment His health
would not permit him to do hard work.
+. c. Plummer appeared for Mrs Mot
| ley and F. f. Southland for Mr. Motley.
The following trial list has been as
signed for this term:
Wednesday. Dec. oS-1213. Charles J.
| Coleman VS. Arthur !. Dunton.
Thursday. Dec. 29-lz1S. Henry W.
Howard VS.. John s. Jackson
| Lee. oU-l3DS FRANK b SSOyIt h
arl vs. Granville w. Mile ct al: 1882.
Walter A. Wood Moving Machine Co.
W. Jennie L.. Trask: 1891. Auburn Loan
& Building Association vs. Augusta r.
Rowe. 1875, Auburn Lean & Building
Association VS.. Augusta E. Rowe: 1889
Ihonias u. Morton KS. Charles Clifford
| saturday. Dec. 3l-lS33, Serena L.
Spear VS.. Samuel S. Spear
| Unassigned List HIS NJ. f. Kean. e.;
ais. VS.. James Fl. De:vire: 1901, Benja-
min II. Temple VS.. Charles e. Chase:
| l2l3. NJ. g. Shaw Lumber Co. VS.. Thorn
as NJ. Hagan; 1910. NJ. f. Church in
Howdoinhan VS.. Thomas F. Jones.
III" case of Coleman VS.. Dunton was
| opened. Wednesday afternoon. This is
| q case where Coleman claims to have
purchased lot of land and buildings
Of the late James f. Dunton and agreed
to pay the sum OF $3.50 in such sums
and at such times as he could He
moved into the building and made i'm
proVe.nents and paid to Mr.. Dunton
during his lifetime and to A. J. DuntOn
S3323. In 1903 A. J. Dunton warned him
to get out and thereupon Mr.. Coleman
figured UP what he thought he owed
Sl40, and borrowed the money from
friend and rendered it to A. J. Dunton
and asked for deed. Dunton refused
to take the money and shortly after
wards sold the property to Samuei
Thompson.
bill in equity was drawn against
j. e. DuntOn trustees, asking that the
deed be set aside and Dunton be
obliged to convey the property to Cole
man. The bill was contested in the
law court which held that although
the plating by force Of the oral con-
tract and the acts of part performance
shown by the evidence might have
been entitled to relief in equity by Il
degree OF specific performance against |
the defendants Dunton, if the legal til
tie to the property had remained in
them, equity will stay its hand and re
fuse to disturb the title Of an innocent |
grantee who purchased the recorded le-
gal estate for a valuable consideration |
without notice of an outstanding equi- !
table interest. W.
Held. that notwithstanding the |
grounds of suspicion suggested by the
evidence in regard to the bona fides OF
the transfer to Thompson, the evidence |
reported does not possess sufficient |
probative force to warrant a judicial |
finding Of fact that at the time he took |
the conveyance and paid the consider
alton for it, the grantee had actual no
tice. even in its enlarged legal sense, |
that the land conveyed to him was inn
pressed with any trust in favor of the
plaintiff.
Bill dismissed.
The present action is brought by |
Coleman to recover the sum claimed to |
have been paid by him.
The Vienna Society for the Prevention |
of crueIty To animals is selling dOnkeys