Daily Kennebec journal., 1908-12-22
THE LAW COURT,
Rescripts Handed Down in Somerset
and Penobscot County Cases.

Hescripts Handed Down in Somerset
and Penobscot County Cases.
The law court was in consultation
during the entire day Monday, but no
cases We're argued. Waldo and Wash
lngton county cases are called for 1G
A. M. Tuesday. A rescript was handed
down by the law court Monday In a
Somerset case, that of David d. Stew
art VS.. Ticonic National Bank, which
has been before the courts for some
time and comes back to the law court
upon report. A rescript was also hand
ed down in a Penobscot county case in
which a beneficiary association is in
volved.
Somerset County-David d. Stewart
vs.. Ticonic National Bank Rescript,
King J.
This case comes to the law court up
on report. The facts from which it has
arisen are as follows The defendant
bank, having a suit pending in the su-
.preme court for Somerset county,
against the estate of Napoleon B. Tur-
ner, at the September term, 1888. of
said court, took a judgment and one
execution for $22si.2O debt and $15.26
costs Of suit against the goods and es-
tate of the testator. George X. Boutelle,
president of the bank, acted as its at
torney, and Mr.. Stewart, the plaintiff
in this suit. acted as attorney for the
Turner estate. Certain real estate was
seized on said execution and sold Dec
S, 1895, to the bank for $2182, in salts
faction of the execution.
Immediately thereafter the bank beg
gan three actions to recover possession
Of the real estate sold. one against
the executor, one against the heirs and
one against the widow of Turner.
Thereupon the plaintiff wrote Mr.
Boutelle: IF the bank will stop these
suits. and make him and the heirs and
the widow no further expense, but let
everything remain as it now stands un-
til the first day of next November,
mcnth and five days before the years
redemption would expire. 1 will guar
anty that he shall pay the whole
amount due on the execution and take
an assignment of it, and of the sale;
and in case he fails to do this by Nov.
/, 1899. I will pay the bank and take
the assignment myself within Is. days
after Nov. 1, lS99.'' 4
This guaranty was accepted and the
writs not entered. October 16, 1899, the
plaintiff wrote Boutelle: Enclosed is
check and agreement as per out inter-
view of Saturday. Your signature as
President of the bank will be all right"
The agreement was signed and return
cd, and is as follows:
Received of ID. d. Stewart $2291 and
in consideration of that sum the Ii
comic National Bank of Watervillc
hereby agrees to assign to him judg
ment recovered by said bank in the
supreme judicial court for the county
of Somerset at it's September term, A.
D. 1898, against Napoleon B. Turner as
executor of the estate of his father
Napoleon 3. Turner, late of st. Adams
in said county of Somerset, deceased;
and said Ticonic National Bank also
further agrees to convey to said D. D.
Stewart, for the consideration afore-
said, by good arf sufficient deed. With
out expense to him, all the right. title
and interest which said bank acquired
to the estate of the said Napoleon B.
Turner, senior, and of the saiQ Ma
poleon E. Turner, Junior, by virtue of
sale upon Dec. s. 1898, on the eXecu-
ton issued upon the judgment afore-
said, said bank having been the pur-
chaser at the officers sale of the real
estate aforesaid, and received a deed
of the same from the officer making
said sale, which deed was duly re-
corded in the registry of deeds for said
county of Somerset, and is to be re-
ferred to in the description of the
property to be conveyed to said Stew
art. Said assignment Of said judg-
ment, and said deed of said real estate
to be made to him within 80 days after
his request for the same. III the mean
time. he is to have full power and au-
thority to avail himself of any right or
remedies that said bank may have at
law, or in equity, touching said real
estate, in the name of said bank, but
without expense to said bank and saw
ing them from all expense.
The 1iconic National Bank of Wa
tcrvile, by George X. Boutellc, Pres
ident Waterville, Oct. 16, 1899"
At the December term of said court,
1898, the plaintiff entered an action in
the name of the bank against Mary c.
Turner. widow of, and devisee under
the will of Napoleon B. Turner. to re-
cover part of the real estate sold on
the execution.
The defendant had no knowledge
that this suit was commenced and
pending till September of the following
year when Mr.. Boutelle was notified
that the action was in order for trial,
and he might be needed as a witness.
TO this action defence was made, that
judgment and execution for both debt
and costs had been entered and issued
against the goods and estate of the tes-
tator contrary to the statute. ard that