Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1916-07-21
COUNTY COURT OPENS
Judge Miles May Appoint Referee
to Hear Waterman Case
Town of Townshend Seeks to Re-
strain Allison N. Gushing fro Oc-
cupying School House Property.

cupytng School House Property.
Judge w. NJ. Miles opened Tuesday
morning in the county court house
at Newfane an adjourned session of the
April term of the court Several motions
were heard and the divorce case of Jacob
Sava, which was first disposed of by
granting the divorce and later re-opened
at the request of attorneys for Mrs. Sava,
again came up. The expected contest
did not develop and Judge Miles again
granted the decree.
At Tuesday S session several interet-
ing cases were considered and some or
ders were made by Judge Miles.
Attorney W. r. Daley, representing
Judge +. l.. Waterman of the superior
court, argued for an immediate trial of
the suit of Judge Waterman against the
estate of Judge James l.. Martin, who
was law partner of Judge Waterman
many years. The plaintiff claims that
several thousands of dollars are his due
from the partnership funds because of
overdrafts of his partner. Attorney C.
c. Fits opposed an immediate hearing
on the ground that there were hundreds
of entries that must be gone over and
that the defendant had not sufficient
time to prepare the case. He moved
for a jury trial when the case is heard.
Judge Miles intimated that it would
hardly be proper for him or any other
superior court judge to hear a case con.
corning a superior judge and indicated
that he would appoint a commission to
hear the matter. He set Monday as
date for the interested parties to re-
port whether they could agree upon
man to be referee in the ease.
An interesting case is that of the
town of Townshend against Allison n.
Cushing of that town. In July, 1907, the
town bought of the Wyman estate
piece of land in district No. 3 on which
to build a school house. The town built
schoolhouse there and maintained a
school except for two or three years
lately, when there were not enough
pupils to warrant the continuance of
that school. The town continued to keep
the building insured and to care for the
property.
In 1909 Mr.. Cushing bought the farm
of the Wyman heirs of which the
schoolhouse plot had been a part. He
has since lived on it. In the deed to
the town it is stated that the plot
| bought by the town is g to be used as a
j
conveyed as long as used for school pur.
poses.'
In 1913 no school was maintained
there and Mr.. Cushing obtained quit
claim deed from the Wyman estate
for the schoolhouse lot. In December
1915, he notified the town TO vaeate the
property. The town fathers refused
the demand and bought locks and put
hn nd r
Gushing to avoid trespass. Mr.. Cush.
ing promptly obtained entrance to the
school building and placed on it locks
of his own, placed a bed in it and
since then has slept there nights.
This month residents of that district
have petitioned the selectmen of Town.
shend to reopen the school and war
rant for a town meeting to settle the
question has been posted. Among the
sgners to this petition is q son of Mr.
Cushing.
The arguments in court on Tuesday
were on bill in chancery, brought by
Attorney F.. f. Barber for the town, in
which papers were served Monday, ask.
ing that the court make an order re.
straining Mr. Gushing from interfering
with the town s property. The hearing
poned to give Attorney A. +. Schwenk.
who represents Mr.. Cushing, time to file
an answer to the complaint of the town.
Judge Miles granted an injunction
restraining Louis and Louise Fountaine
of Guilford from interfering with the
crops or property on farm owned by
abandoned the farm, on which the
nj OF halA H.
Thomas Fountaine went to the farm
and planted the crops and the defend
ants soon returned and took posses
sion again. The plaintiff seeks also TO
foreclose a mortgage on the farm. At
torney f, f. Barber appeared for the
plaintiff.
Another foreclosure proceeding was
that of Charles +. Dunwell of Athol,
Mass, against Emory Bills of Jamaica
The court ordered that the time of re.
demption he shortened to Sept a1j re-
quired the defendant to pay before
that time $351.57 and costs or vacate
the property. Attorney F, f. Barber
appeared for the plaintiff and the de-
PENDANT had no representative.
Attorney A. =. Carpenter was APP
pointed referee to hear the evidence
in the suit of the Cook Lumber Co.,
against George Z. Buckley of Jamaica.
This is n suit to recover balance al
legged to be due.
At the session yesterday decree
was granted in the divorce suit of A.
May Johnston against Edward NJ.
Johnston Several motions were ar.
gued and arrangements made for the
trial of cases and the hearing of argu-
ments.