Daily Kennebec journal., 1922-01-17

stock to feed ON. He had pulled up
ha1f an acre of juniper bushes, and
had found the soil underneath was
nothing but a fine powdery dust
Regarding the spring, Mr.. McPher-
son testified that it filled up with the
rains of the summer but evaporated
and no more came in. He stated that
the well staid dry for seven weeks
the first year. In 1920 the water held
out, but this year since August last
they had to carry water. In July 1921,
he made his first investigation as to
the amount of wood, he having re-
ceived informa ton previously as to
the amount of wood. In July 1921
the woods were surveyed by James
2. Collins. In purchasing the farm
he had relied on statements made
by Mrs. Pinkham and he had pur-
chased the farm in consequence of
her statements, he testified. He be-
lieved them to be true.
Testifying as to the terms under
which he was to purchase the farm,
Mr.. Mcpherson stated that the pur-
chase price was $4,000, and he was to
ray S100 down and s400 at the time
of giving the deed and $50 per month
for 10 months. The other $1,000 he
was to get on mortgage. This line
of testimony was on cross -eXamina-
ton.
Questioned by attorney for de-
fense. Mr.. Mcpherson also testified
that before he brought suit in the ac-
ton, he had never complained to
;,lyl yl,o, nh {Io
pasture, the hay and the well water.
For a year after Mr.. Mcpherson had
bought the farm, Mrs. Mcpherson
and Mrs. Pinkham kept summer
boarders at the farm.
Mrs. Mcpherson and son, Harold
Mcpherson, testified as to statements
they had heard Mrs. Pinkham make
regarding the farm and as to the con-
dtions they had found on the place.
Perley T. Richardson of Manchcs-
ter testified that in/1920 he cut the
hay on the farm and got in all about
three and a half tons. He also said
that the well went dry in 1914 and
that the pasture condition was bad
with practically no feed on it.
Benjamin Blake of Manchester tes-
tilted that in 1919 he cut five tons of
hay on the farm.
James F. Collins of Manchester
testified that he is a sworn surveyor
of that town and that on July so,
1921, he had estimated the wood on
the Pinkham farm. He had estirpat-
cd it at 50 cords of merchantable
standing hardwood, nine and a half
cords of wood cut, and about so
cords of small wood.
George A. Palmer of Hallowell tes-
tilted that he had estimated the
amount of timber in the timber lot
and judged there was about $50 cords
of hardwood providing everything
was cut.
Mrs. Carrie Latin of Augusta tcs-
tilted that some years ago when she
lived on that farm with her parents
there was never a year when they did
not have to haul water; and that her
father cut wood from other places so
as not to deplete the supply on the
farm so that he could not sell the
property. Witness testified that the
farm she had called on witness and
nau tolu ner tnat tne DAY Wnen the
parties had looked at the farm it was
showing and that had helped her as it
did not show up the bad qualities.
She testified that she had little
knowledge of the condition of the
farm since the time her father died
which was IS years ago.
Defense
The defense as outlined by Attor-
rey Stearns contended that Mrs.
Pinkham did state that there were
500 cords of hard wood on the farm
and that there is thSt amount there
now that Mrs. Pinkham had told
Mr. Mcpherson the last time she cut
the hay was in 1914 it produced 10
tons: that sllo had told Mr.. Mcpher-
son that SO far as Mrs. Pinkham's
knowledge was concerned the spring
in the pasture never went dry and
that they always had enough water
for household purposes. Defense
claimed that after Mr. Mcpherson
cot into hard shedding he attempted
to put up this case to avoid the
amount due .on the mortgage.
Mrs. Pinkham, the defendant, tes-