Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-12-29
VETERAN LAWYER.
David D. Stewart Of St.
A|bans, IS Years Old,
Appears for Defence in I'm
portant Somerset Case.
Aotchkiss VS.. Bon Air Coal Co.
In Order for Argument Today.

OF the law court session Tuesday
morning after which the arguments
We're presented in the closing case of
the Somerset county docket, that of
Peoples National Bank VS. Nickerson.
This case afforded the feature of the
ulF, the appearance in court as coun-
sci for the defense of the venerable
David d. Stewart of st. Adams. sc
years of age, the dean Of the Somer-
set county bar, who in spite of his
years argued his case and cited his
authorities quite as readily as any
attorney that has presented case
during the term. Among the other
out Of town attorneys present were
Arthur Richie and r. F. Dunton of
Belfast A. d. McFaul of Machias r.
]. McGarrigle Of Calais. L. D. Lamond
of PASSPORT. Edwin Stone and George
L. Emery of Bddeford, George F.
Haley of Saco, 0. F. Fellows of Ban
gor and William Pierce of Dover, N.
II.
Peoples National Bank of Waterville
VS.. Hanover S. Nickerson of Pitts
field. This is a writ of entry in which
the plaintiff in one count declared
upon its seiZn in four different par
GELS of land and the disseizin by the
defendant within 20 years last passed.
The case comes before the law court
on a special demurrer by the defend
ant on the ground that 1.-The declara-
ton contains but one count and sets
forth four distinct and separate
courses of action in said one count and
is therefore double and bad for du-
plicity of pleading" Charles F. John
son for the plaintiff, D. ID. Stewart
for defendant
Harriet n. Abbott VS.. Margaret A.
Niles. This is an action of trover for
the conversion of a deposit in the Ban
gor Savings Bank of $l53496, a deposit
in the Penobscot Savings Bank of
$1S3S.99, and two four per cent. Lake
county Colorado bonds of the denom-
ination of $500 each and of the actual
value of S94O. The plaintiff is the
mother of the defendant. She is So
years of age and very deaf. She has
four children of whom the defendant
is the youngest and has always lived
with her mother on the old homestead
in Winterport until her marriage to
her present husband, Oct. 2, 1905. The
defendant claims that the bonds were
hers by right of gift and that no ac-
ton of troVer can be maintained.
The jury in the Waldo county supreme
court returned q verdict for the plain
tiff for the amount of these deposits
and value of the bonds with interest
from the date of demand, amounting
To SdrDk - and thn tljI.
law. court on the motion of the de-
PENDANT for a new trial.
Marietta Leavitt VS., Fred Taskcr.
This is q petition for partition iii which
the petitioner has been divorced from
the father of tho respondent. The ne
titloncr, Marietta Leavitt Of Dixmont,
represents that she is the owner of one
undivided third part of real estate sit
uated III Monroe and Jackson with
Fred \. Taskcr OF Monroe, who is the
owner Of two undivided third parts
thereof and asks for the appointment
Of q commissioner and the setting out
of her interest in the property. The re-
Spondent claims that said partition
ought not to be made Of the real es-
tate and denies that the petitioner was
at the date of the petition the owner
of one undivided third part or any part
of the real estate described in the pc
tition. 1t is agreed that John F. Tasker,
the former husband of the petitioner,
was the owner in fee of the real es-
tate described in the petition on Sept.
8, 1908. and on that day gave his son,
Fred A. Tasker, the defendant, a war
ranty deed of the deed of the same.
The petitioner was on the date of the
conveyance the lawful wife Of John F.
Tasker and did not sign the deed and
mas never conveyed her right to said
real estate. \ divorce from the said
John F. Tasker was on Oct. 81. 1908.
legally decrced to the petitioner for
the cause of desertion. The case comes
to the law court on report. Martin &
Cook for petitioner; Dunton & Morse
for defendant.
Annie f.. w Cobe VS.. Herbert J.
Banton. This in an action at law to
recover damages for the obstruction of
a town way leading to the PLAINTIFFS
summer residence at Northport. A bill
in equity has also been brought to re-
strain the defendant from further OBJ
strucring the way and in the bill in
equity an injunction has been pro-
cured. which is now in force, restrain
ing the defendant from further OBJ
s1ruction Of the highway until further
order Of the court. 1t is admitted that
the only road for carriag es, teams and
other vehicles to and from the cot
tage of the plaintiff was that laid out
by the town of Northport in 1879 and
that the plaintiff had used this road
in going to and from her cottage with
out obstruction to June, 1905 The case
comes up on report and it is agreed
that if the defendant is liable in the
action at law the damages shall be
assessed at $40 and the injunction
made perpetual in the equity suit. If
the defendant is not liable in the ac-
ton at law the equity suit shall be dis
continued and the injunction dissolved.
Dunton e Morse for plaintiff; William
P. Thompson for defendant.
George w. Tibbetts vs. Inhabitants
of South Berwick, appellant. This is an
action to recover the sum of s5S Sc for
goods furnished to Simon P. Huntress,
who was road commissioner or superin-
oc I,