The Republican journal. [volume] (Belfast, Me.) 1829-current, 1910-01-06
WALDO COUNTY CASES
Before the Law Court in Augusta De-
cember 2Sth.

C6HlOSI LcolH.
Harriet n. Abbott VS.. Margaret A.
Niles. This is an action of trover for
the conversion of deposit in the Bangor
Savings Bank of 81, 534.96, deposit in
the Penobscot Savings Bank of 81, 1888. SO,
and two four per cent. Lake county Col
orado bonds of the denomination Of $500
each and of the actual value of S940. The
plaintiff is the mother of the defendant.
She is SO years of age and very deaf.
She has four children, of whom the de-
PENDANT is the youngest, and has always
lived with her mother on the old home
stead in Winterport until her marriage
to her present husband, October 2, 1908.
The defendant claims that the bonds
were hers by right Of gift and that no
action of troVer can be maintained. The
jury in the Waldo county supreme court
returned a verdict for the plaintiff for
the amount of these deposits and value
of tt e bonds, with interest from the date
of demand, amounting to 81, 526.77, and
the case comes to the law court on the
motion of the defendant for a new trial
Marietta Leavitt VS.. Fred Tasker.
This is a petition for partition in which
the petitioner has been divorced from the
father of the respondent. The petitioner,
Marietta Leavitt of DiAmont, represents
that she is the owner of one undivided
third part of real estate situated in Mon
roe and Jackson with Fred A. Tasker of
Monroe, who is the owner of two undi-
vided third parts thereof and asks for
the appointment of commissioner and
the setting out of her interest in the
property. The respondent claims that
said partition ought not to be made of the
real estate 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 petit
tion 1t is agreed that John F. Tasker,
the former husband of the petitioner,
was the owner in fee of the real estate
described in the petition on September
3, 1903, and on that day gave his son,
Fred A.. Tasker, the defendant, war
ranty deed of the same. The
petitioner was on the date of the convey
ance the lawful wife of John F. Tasker
and did not sign the deed and has never
conveyed her right to said real estate. A
divorce from the said John F. Tasker
was on October 81, 1908, legally decreed
to the petitioner for the cause of deser-
ton. The case comes to the law court on
report. Martin & Cook for petitioner;
Dunton & Morse for defendant.
Annie E. W. Cobe VS.. Herbert J. Ban
ton. This is 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 restrain the de-
PENDANT from further obstructing the
way and in the bill in equity an injunc-
ton has been procured, which is now in
force, restraining the defendant from
further obstruction of the highway until
further order of the court. 1t is admit
ted that the only road for carriages,
teams and other vehicles to and from the
cottage 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 without
obstruction to June, 1908. 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 liza
BILE in the action at law the equity suit
shall be discontinued and the injunction
dissolved. Dunton & Morse for plaintiff;
William P. Thompson for defendant.