Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-02-09
CASE SETTLED
Famous Franklin County Land
Contest Was Taken Out of
Courts.
Was COMMENCED IN 1897
Cane Has been Travelling from Count y
Court to the Supreme Court aud
Back again since That Time
settlement Was Effected tn
known to Attorneys.
Was COMMENCED IN 1897

St. Adams, Fob. G--rhe famous land
ease of Luther Baker Jasper Baker and
Homer Baker VS.. +. NJ Sherman. .. w.
Miller and T.. G. LcaVens. which has
been so prominently before the Franklin
county and supreme courts for the past
eight years, was to-day to the surpris
Of the attorneys OH both sides announced
as settled and discontinued.
Tho original acton was brought for al
legged fraudulent representations in the
sale of real estate. The suit Involved a
transaction covering over ioN acres of
land in tn, town Of JAY and the PLAN.
IFS claimed a shortage Of several hun
cred acres. and claimed in their original
&C Jon 5000 IN dana ges and later con-
siderable moro on account of accrued III.
tcrcst. Tho action was brought in 1897
and tho first trial was held at the Sc1tcm-
her form in thai wear. resulting in a
| verdict in favor Of the defendants. Tho
case was taken to the supreme court on
Exceptions. whore the Judgment was
tev,r sed and new trial granted.
rho second trial before n Jury was
bad at the September term in 1899, which
resulted. after n long drawn out legel
lattlo. in \ verdict for the plain
tiffs; exceptions were takei. by
tn, defendants. resulting il, the
following order: Judgment of the
county court recrsed and new trial
granted on terms that the plaintiff pay
Defendants costs up to the time of fill
Ing new counts and take none during
that time if they finally recover, OK
cept for services Of the writ and entry
Of the action. If new trial is not
wanted on these terms. let judgment
on the verdict be arrested with costs
10 III" defendants in tbs court tSu-
prcmc) and in the court below. Cause
| remanded.'
The pla ntiffs gave notice that a new
Trial was not wanted upon the terms
Imposed by the supreme court and sub
sepuently in November. 1901. the pros
ant action was commenced. To this
the defendants among other plcadings
| plead the statute of limitations and
the case has since been pending upon
legal and technical questions. going
twice before the supreme court. until
during the past year when the plea
Of the statute of limitations was over.
ruled and the case stood regularly for
! trial by jury Tho plaintiffs brought
IL petition to the county judges. Civ
ing notice of a trial at tho coming
March term and asking for a Struck
jury. A hearing was ordered upon this
petition for February 6. at eleven
o'clock in the morning. but before the
time set FOR the hearing the local coun-
sci for both sides received notice from
their respective clients that the case
had been settled. In the settlement of
this case, one of the most important
expensive ana hardest fought cases
ever tried in the Franklin county
| court, has been closed. The attorney.
in the case were Capt. George w
Burleson of Burlington, Col. Alfred \
| Hall of St. ..lbans. O. +. Ladd of Rich
ford. and the Hon. IT. Henry Power!
| OF Morrsville for the plaintiff ant
Young a. Young of Newport, ". Il
Locklin of Richford, Harrington 4
| Post and c. G.. Austin and sons Of st
Adams for defendants.