Volume 15 — New Hampshire Reports

<p>Trespass, for taking and carrying away thirty t ns of hay, five tons of corn fodder, and other articles, on the 17th day of August, A. D. 1841.</p> <p>Plea, the general issue.</p> <p>It appeared in evidence, on the^part of the plaintiff, William King, that his father, William King the elder, died January 14, 1841. His will was executed March 80, 1835, was proved in March, 1841, and the plaintiff appointed administrator with the will annexed. The probate of the will was revoked, and the will declared null, in March, 1843.</p> <p>On the 27th of June, 1841,, the plaintiff took a mortgage from Oliver King, conveying to him all the crops then growing on a certain farm in Charlestown, where the mortgager then lived, Afhich included the property in question, and also a large quantity of oats growing on said farm, to secure the payment of a note to the testator, executed by said Oliver, for the sum of one thousand dollars, on demand, without interest. The note was not dated.</p> <p>The defendant was. sheriff of the county of Sullivan, and one James O. Stebbins was his deputy, and, as such deputy, on the 17th day of August took and carried away the property in question and sold it at auction.</p> <p>The defendant offered evidence tending to show that Oliver King was justly indebted to one George H. Ingersoll in a large sum, who on the 1st day of August, A. D. 1841, sued out a writ of attachment against him, and committed, it to said Stebbins for service, and that Stebbins by virtue thereof attached the property in question, with the oats, as the property of Oliver ; and that the conveyance to the plaintiff was fraudulent and void as against creditors.</p> <p>The defendant contended that the money for which the note described in the mortgage was given, was a gift by the father to Oliver, as an advancement out of his estate, and never to be repaid, and that the note was taken merely as evidence of the sum advanced, and not as evidence of a debt to be repaid, and that the plaintiff knew these facts.</p> <p>He gave in evidence the record of an action of trover, in which the plaintiff had sued Stebbins for taking the oats described in the same mortgage, and in which there was a verdict and judgment for the defendant, which was satisfied. The action was tried October term, A. D. 1842.</p> <p>He then offered parol testimony tending to show that at the trial of the action, the only question submitted to the jury, and by them determined, was, whether the mortgage in question was fraudulent, and that it was so found by the jury. The witness by whom this fact was proved was one of the jurors who tried the case. To this evidence the plaintiff objected, and introduced evidence that the action of trover had been reviewed, and that the action of review was then pending; but the judge admitted the testimony.</p> <p>The court instructed the jury thpt as the deputy, Stebbins, was responsible over to the defendant, they might be considered the same parties in interest; and if the jury were satisfied that the mortgage had been once passed on by another jury, in an action between this plaintiff and Stebbins, and determined to be fraudulent, and that verdict was still in force, they might consider that fact as evidence, though not conclusive, that the mortgage was fraudulent.</p> <p>The jury returned a verdict for the defendant, and the plaintiff moved for a new trial.</p>

Assumpsit for goods, wares and merchandize sold and delivered, and for money had and received. The defendants, at the October term, 1843, severally pleaded a discharge in bankruptcy, decreed and allowed in the district court for the district of New-Hampshire on the 21st day of June, 1843, on their petition.

Petition for the allowance of an appeal from a decree of the judge of probate. At the hearing upon the petition, it appeared that the petitioner was executor of the will of Eli Metcalf, and that he rendered his account at a court of probate held on the first Tuesday of September, 1888.

Information, alleging that a certain highway in the town of Walpole is out of repair, &c. Upon this information a summons-was issued, and at the April tern of the court of common pleas, the town appeared, and filed a plea, praying judgment of the summons issued as aforesaid, “ because the said town says that George Huntington, esquire, the sheriff of said county of Cheshire, to whom said summons was directed, and by whom it was served, at the time of the filing of said…

Cash against the defendant, as a deputy of the sheriff of the county of Sullivan. The declaration contained four counts.

The case was submitted to the court upon a statement of facts, showing that Luther E. Stevens, late of Claremont, died on the 9th day of September, 1889, leaving no child, and having by his last will devised to a third person a small piece of land, and the remainder of all his property to his wife, Joan Stevens, and appointed her his executrix; that on September 18th, 1839, the said Joan declined to administer on her husband’s estate, and Ambrose Cossit, the appellee, was…

Assumpsit on a promissory note, dated on the 20th day of May, A. I). 1842, made by the defendant for the sum of ninety dollars, payable to the plaintiff, Sally Parker, on demand, with interest. Plea, the general issue. The defendant offered evidence that about two years since the plaintiff was married to one Henry Parker. To prove the marriage, he offered a witness who testified that he was present at the marriage, which was solemnized before a justice of the peace.

Writ or Entry. The tenant in his plea set forth that the plaintiffs’ writ of entry was founded on a mortgage deed, executed by the defendant to one Alexander Perkins, dated April 10,1821, to secure the payment of a certain note of that date for $1150, in two years, with interest annually; which note and mortgage, on December 81,1828, became the property of James H. Bingham by assignment, and February 11,1841, was temsferred to the plaintiffs as collateral security for their…

Writ ok Entry, to recover a tract of land situated in Ac-worth, containing about eighty-two acres. Plea, nul disseizin. The demandant, Henry Smith, Jr. gave in evidence a deed of warranty, conveying the demanded premises from his father, Henry Smith, to the demandant, dated on the 14th day of April, A. D. 1886, and duly acknowledged and recorded.

Writ oe Entry, to recover possession of a tract of land situated in Lempster, being a part of lot number 61, drawn to tho right of the Society for the Propagation of the Gospel in Foreign Parts. The case was submitted to the decision of the court upon the following facts, agreed to by the parties.

The following facts appeared in evidence. Luther E. Stevens, of Claremont, died in the month of September, 1839, leaving a widow, Joanna S. Stevens, now Joanna S. Wood. By his will she was made his executrix, but she dei clined the trust, and Ambrose Cossit was appointed administrator with the will annexed, on the 28th day of September, 1839. The estate was administered in the insolvent course.

Assumpsit upon a promissory note. The defendant pleaded that the plaintiff ought not to maintain his action for the recovery of the amount due on the note, because he had at divers times taken and received of the defendant, for the loan and forbearance of the sum mentioned in the note, more than at the rate of six pounds in the hundred pounds by the year, to wit, the sum of $1.35 for the loan and forbearance of $90, for one year, to wit, at Claremont aforesaid, on the 13th…

<p>A person confined in gaol for noneompliance with an order of court that he should give security, &c. ou a complaint under the law relating to bastardy, is not a prisoner “ confined on criminal process.”</p> <p>Chapter 226, § 5, Rev. St., which enacts that the court of common pleas shall allow the gaoler, out of the county treasury, “ a reasonable compensation for the support of all prisoners confined on criminal process,” does not render the county liable for the support of a person confined for noneompliance with an order of court issued upon proceedings against him under the bastardy act.</p>

Indictment for perjury, alleged to have been committed March 19, 1842, at Claremont, in this county, before Hubbard Newton, a commissioner in bankruptcy, duly appointed and commissioned by the District Court of the United States for the district of New-Hampshire, under “ an act to establish a uniform system of bankruptcy throughout the United States.” The indictment alleged that- the defendant made a petition, addressed and directed to the Judge of the District Court,…

Indictment, found at October term, 1848, alleging that tbe defendant, on the 18th day of July, 1839, lent to one N. E. Sargent the sum of two hundred dollars, and that Sargent, for the security of repayment thereof, with lawful interest for the same, on the same day gave to the defendant a promissory note of that date, signed by himself, one John Smith and one Harvey Bingham, by which note they jointly and severally promised to pay to the defendant, or order, the sum of two…

Debt, qui tam, under the statute against usury. The first count alleged that on the 26th day of February, 1889, one Samuel Richardson made his promissory note to the defendant, for the sum of three hundred dollars, upon which note there were three indorsements, the dates of which were specified in the count, and that afterwards, on the 8th day of April, 1841, Richardson and the defendant made a corrupt agreement, by virtue of which Richardson paid the defendant the sum of…

Covenant broken. Thére was a general demurrer to the declaration, and a case stated, upon which the court decided that the action could be maintained at law against Elizabeth Harris, widow of John Harris, and also against Thomas J. Harris ; and that it could not be maintained against the other defendants, legatees of John Harris.

Trover, for eight horses, two wagons, twelve harnesses, &c. To show title to the property, the plaintiff produced a mortgage deed, made in due form from J. 11. Webber and Benjamin Packard, to himself, conveying a portion of the property. It was dated Nov. 17,1841, and duly recorded.

Writ or Entry, to recover a tract of land in ITopldnton, tried at the March term of the court of common pleas, 1844, upon the general issue. The plaintiff claimed the premises under a mortgage from one Nathaniel Curtis, dated August 5, 1842. The «defendant claimed title under a deed from the assignees in bankruptcy of said Curtis, dated April 26,1848.

Assumpsit: on a note, dated April 17,1837, for $700, made payable at the office of said bank, on demand, with, interest after four months, and signed by Edward Brackett as principal, and John Wheeler, J. C. Whittemore, Joseph Colcord, Bradbury Grill, I. S. Boyd and William White, as sureties. Upon tbo back of said note were the following indorsements, to wit: “ 1837, Aug. 21. Bec’d $70, prin. and int. to Dec. 17, 1837. 1840, Dec. 21.

Complaint, under the statute regulating the remedies for landlord and tenant. The complaint was dated April 7, 1841, and made returnable before A. Fowler, esquire, justice of the peace, on the 17th day of April, 1841; and demanded a piece of land in Concord, containing about sixty-four square rods.

Assumpsit for money had and received. The action was brought on the 4th day of September, 1848, and was tried upon the general issue. The plaintiff filed a specification under his general count, in which he stated that he claimed the right to recover the sum of $23.22, for money received by the defendant on or about the lOtb day of October, 1839, with interest from that time, to the use of the plaintiff.

Foreign Attachment. Tbe following facts appeared from tbe disclosure of tbe trustee. In tbe year 1834, Timothy A. Pillsbury went from this State to New-Orleans, where be resided until his death, in the month of September, 1837. He was a brother of the trustee, and a son of the defendant. At the time of his death he was about twenty-six years of age, and was in tbe employ of a mercantile firm in New-Orleans.

Assumpsit on a promissory note, dated on the 80th day of January, 1836, made by the defendant, and payable to the plaintiff, .on demand, with interest annually. The defendant pleaded the general issue and the statute of limitations. The plaintiff replied a new promise, within six years, upon which issue was joined.

■ Assumpsit upon an account annexed to the writ, for goods sold and delivered.

<p>A quitclaim deed by a mortgagee, of all his interest in the land, will convey no title unless the debt secured by the mortgage be transferred.</p> <p>Whether a deed of the land with warranty will transfer the debt,quaere?</p> <p>If a mortgage be conditioned for the payment of money, and there be no other security for the debt than the mortgage, whether a deed of the land will transfer the debt, quaere 1</p> <p>A mortgage was made to indemnify the mortgagee on account of his liability as surety upon a bond for the mortgagor. The mortgagee made a settlement with the obligee of the bond, to which it did not appear that the mortgagor was a party, and paid him the sum of $500.00. He, then, not having entered upon the land, released all his interest in the mortgaged premises, but made no transfer of the debt. — Held, that his deed conveyed no title.</p> <p>Hand was described in a deed as “ one undivided third part of a certain tract of land I purchased in — S. C. Badger and John Whipple of Joseph Bobinson.” Whether there be a patent ambiguity in the description, quaere f</p>

Foreign Attachment. The following facts appeared from the disclosure. The trustees are John S. Jenness, John Gage, and John E. Lyon, partners transacting business under the name of Jenness, Gage & Co. In the writ they are all described as of Boston. They had money in their hands, being the proceeds of sundry - notes deposited with them by the defendant as collateral security for a debt which he owed them; and after paying that debt there was a balance due the defendant.

Petition for a certiorari, setting forth that the respondents, on the 9th of July, 1842, filed them petition in the court of common pleas, praying that a certain highway might be laid out in the town of Hopkinton; which petition was referred to the road commissioners, and, upon them report, a highway was laid out over part of said route, March term, 1843; that on the 14th of August, 1843, the town of Hopkinton filed a petition for a discontinuance of a part of it, said town…

Libel for a divorce, filed Nov. 24th, 1843, alleging as the causes, extreme cruelty, desertion and adultery. Defence, adultery of the libellant. The facts are sufficiently stated in the opinion of the court.

Information in the nature of quo warranto, filed by the Attorney General against the defendants, and stating that they, without any charter, warrant or grant, used the privilege of erecting and maintaining a gate across the highway called the Fourth Turnpike Road in New-Hampshire, in the town of Wilmot, and of demanding and receiving tolls thereat for the year past, which privilege and franchise the defendants have usurped upon the State.

Indictment for a riot in tbe town of Concord, in tbe evening of tbe 4th day of July, 1842. Upon the trial, evidence was offered on tbe part of tbe prosecution to show that the citizens of Concord, at tbe annual meeting in March, 1842, adopted measures to put a stop to such proceedings as bad in previous years taken jilaco in that town on tbe 4th day of July.

Covenant broken. This was an action for breach of covenants contained in a deed of certain land in Goffstown and Ilooksett, dated August 3,1836, from the defendants to the plaintiffs.

On the 8th of March, 1841, the appellant, Elizabeth Gregg, filed a petition in the probate office, setting forth that May 80,1795, her father, Reuben Gregg, late of Deering, deceased, was appointed her guardian ; that in pursuance of that appointment ho received for her, out of the personal estate of her grandfather, Thomas Wilson, one fifth part of ¿£133 6 s. 8 d., amounting to $88.92; her share, being one fifth of his real estate, amounting to $100, and her share of a pew,…

<p>Where land, part of which is subject to a life estate, is mortgaged, and the mortgagee enters into the residue, and retains peaceable possession for a year, (due notice by publication having been made,) the mortgage will be foreclosed.</p>

Assumpsit, for the support of Nancy Town, a pauper, alleged io have a settlement in Dunbarton. It was agreed that the said Nancy was a pauper, standing in need of relief; that the supplies were furnished, and that the plaintiff is entitled to recover the sum of $32.50, provided the pauper had a settlement in Dunbarton.

Trespass quare d. fr., alleged to bave been committed on the 1st day of January, 1841, and on divers other days between that day and the 8th of the following September, in the plaintiff’s dose, situated in Manchester. At the trial upon tho general issue, the plaintiff- produced in evidence a deed of warranty from one Joseph Emerson to tho plaintiff, dated on tho 15th day of January, 1829, the execution of which was admitted.

Indictment, for resisting a deputy sheriff in the discharge of his duty.

Debt upon bond, submitted to the determination of the court upon the following statement of facts. At the August term of the court of common pleas, 1841, the plaintiffs recovered judgment against Iienry C. Gillis' for the sum of $29.91 debt, and costs taxed at $6.24.

Case. The declaration alleged that the defendants, on the 2d day of April, 1842, under color and pretence of law, but illegally and without right, made a tax or assessment upon the plaintiff’s poll, and real and personal estate, of the sum of sixty-two dollars and seventy-four cents, and thereafter, on the same day, delivered said illegal assessment for forty-four dollars and eighty-one cents to one Benjamin Whiting, as a collector of taxes for the town of Temple,' and the…

Assumpsit, upon an account annexed to tbe writ. At tbe court of common pleas, February term, 1843, tbe defendant pleaded, in bar of tbe farther maintenance of tbe action, that on tbe 26tb day of April, 1842, be resided in, and was a citizen of this State — that be was owing debts wbicb be was unable to pay, and on that day, by petition, applied to the district court of the United States for the district of New-IIampshire, for the benefit of the act of Congress of the United…

Assumpsit, in favor of Temperance Pickering, against Sally Pickering, Gilbert Pickering Hoyt, James Pickering, Wintbrop Pickering and John L. Pickering.

In Equity. Tho bill was filed by the plaintiffs, creditors of Theodore Sheafe, late of Portsmouth, deceased, in behalf of themselves and all others, the creditors of said Theodore, who should come into court and seek relief by, and contribute to, the expenses of the suit.

Debt, to recover two legacies bequeathed to the plaintiffs by the will of Reuben Peaslee. One of the legacies was of the sum of five hundred dollars, given to the plaintiffs by the name of' “ The Franklin Seminary of Literature'and Science, Newmarket, N. EL” as a permanent fund.

Assumpsit, to recover the sum of §270.71, balance due on account. The following facts appeared from the report of an auditor. The defendants wore owners of the ship Fortitude, of which one Crane was ship’s husband. At various times in the years 1837 and 1838, the plaintiff furnished articles for the use of the ship, and received sundry sums of money in payment therefor of Crane, who charged them to the owners of the ship.

Petition tor Partition. The petitioner claimed three undivided fortieth parts of the northerly half of lot number 29, in Candia. The defendant pleaded that he was sole seized of the premises. The other defendants were defaulted.

Writ or Entry, to recover twelve acres of land in Newington. At the trial, upon the general issue, it appeared that Joshua Downing, by his will dated in 1804, devised to his wife, Elizabeth Downing, one half of his real and personal estate, so long as she should remain his widow, and to his son, Richard Downing, the other half, excepting what was thereinafter devised.

Cask, for slandei’ous words. The plaintiff introduced Samuel Kimball as a witness, who testified that the defendant spoke the words in a conversation with the witness. Upon cross examination he testified in substance that he did not remember any language used by himself in the conversation, or any other words spoken hy the defendant.

Indictment. The first count alleged that the prisoner did pass to one William B. Robinson, and did use as true, a certain false, forged and counterfeited promissory note for the payment of money, (describing the note, which purported to be issued by the Globe Bank, of New-York,) knowing the same to be false, &c. The second count alleged that the prisoner did pass to one William M. Robinson, and did use as true, a certain false, forged and counterfeited writing purporting to…

Assumpsit, on an account annexed to tbe writ. The account was as follows : 1838. October 18. To 87 loads of gravel, at 8 cents per load, $6.96 The action was brought to the court of common pleas upon an appeal from the judgment of a justice of the peace.

Assumpsit. The declaration contained four counts. The first count was for money had and received, under which the plaintiff filed a specification, in which he claimed a right to recover of tho defendant the sum of §60.00, and interest from November 11,1839, for so much money paid the defendant for a promissory note for §94.98, dated March 6,1838, signed by one Moses Rowe, of Bangor, Maine, and payable to the defendant, or order, on demand, and by the defendant delivered to…

Case, for slander. In the court below the defendant offered evidence that the plaintiff was destitute of property, and moved the court to order the plaintiff to give security for such costs as the defendant might recover upon the trial of the action; contending that the court had authority for that purpose under sec. 7, ch. 191, of the Revised Statutes, and that the want of property of the plaintiff was a sufficient reason why she should furnish security.

Writ or Entry, to recover several tracts of land. The tenants pleaded the general issue, and by the agreement of the parties the case was submitted to the court for decision upon the following facts. Hezekiah Scammon died seized of the demanded premises, on the 9th day of April, 1817. He left three children surviving him, James, Comfort and Melinda, and also his wife, Leah Scammon.

Indictment, for a conspiracy. It was alleged that on the first day of January, 1841, there was a body politic in this State called the Rockingham Mutual Fire Insurance Company; that they had power, at their annual meeting on the first Wednesday in August, to choose a board of directors ; that the respondents, with other persons unknown, fraudulently contriving to procure the election of certain persons as directors of the company, and thereby to cause themselves to be…

Assumpsit. The defendant pleaded in bar, because since the last continuance, to wit, on the 5th of August, 1842, at a district court for the southern district of New-York, he, haying filed his petition by the name of Joseph Brown Ball, of the city of New-York, praying to be discharged in full from all his debts, and for a certificate of discharge, pursuant to the act of Congress, passed, &c., and haying bond fide surrendered all his property and rights of property, with the…

Assumpsit, on a promise in writing, signed by the defendants, to deliver to the plaintiff, a deputy sheriff, certain articles of personal property attached as the property of Nathan B. Folsom, and deposited by him in the hands of the defendants. The case was submitted on a statement of facts.

Assumpsit. The action was commenced February 4th, 1839, and founded upon an account annexed to the writ, amounting to $245.76. The plea was the general issue, with a set-off, amounting to $275.50, consisting of the defendant’s account against the plaintiff. The action was committed to an auditor, who made report to the court at the September term, 1841, and stated the accounts between the parties, shewing a balance due the plaintiff of $67.51.

Trespass, quare clausum fregit. The declaration contained four counts. The first charged that the defendant, April 1,1837, broke and entered the plaintiffs’ close, situated in Milton, (describing it,) and then and there tore down, carried away, and destroyed the plaintiffs’ dam there standing.

Writ or Entry, brought on the 28th of July, 1842, to recover twelve acres of land, situate in New-Durham, to which the tenant pleaded the general issue. The demandant claims title to the land under the will of J. CL Upham, made on the 6th day of February, 1837, and proved on the 13th day of May, 1837, by virtue of a devise therein contained, in the words following, viz.: “ I give and devise to N. Gr.

Writ or Entry, for certain land and mills, situate in said Rochester, commenced January 2,1843, in which the plaintiffs counted on a seizin in fee and in mortgage.

. Petition for a new trial. The petition set forth that Sarah Smith, the wife, was a creditor of the estate of James W. Hayes, of which the defendant is administrator; that the estate was represented insolvent, and that she, while a feme sole, exhibited the claim to the commissioners for allowance, who disallowed and rejected the same ; that at a probate court holden on the 6th of September, 1842, the report of the commissioners was accepted by the judge of probate ; and…

Trover, for a wagon, attached by the defendant, a deputy sheriff, as the property of one Sargeant, and sold by him at auction in the year 1841, on an execution in favor of Holmes and Homer, of Boston. On the 9th day of January, 1840, the plaintiffs took from Sargeant a mortgage, duly executed and recorded, of certain personal property, including the wagon.

Assumpsit, for sawing lumber in tbe spring of 1842. Plea, the general issue. It appeared in evidence that John Peavey, in the year 1839, owned a quantity of logs at the plaintiffs mill, some of which were sawed that year upon his account.

Replevin. The declaration alleged that the defendant, on the 14th day of February, 1843, took two oxen, an ox yoke and two heifers, all the property of the plaintiff, and unjustly detained them.

Assumpsit, for work and labor from April, 1832, to April, 1835, performed by the plaintiff for Moulton, the intestate.

Trespass, alleging that the defendant broke and entered the River lot, No. 13, in the town of Lisbon, on the west side of Ammonoosuc river, containing 100 acres, and cut and carried away certain timber. Plea, the general issue. The plaintiff offered in evidence a deed from William Atkinson and his wife, Anna Atkinson, (formerly Anna Little,) to himself, dated Sept. 19th, 1835, acknowledged and recorded Oct. 10th, 1835, conveying the land described in the writ.

Trespass, for breaking and entering tbe close of tbe plaintiff, in Lyman, on divers days between tbe 1st Nov., 1840, and tbe 22d March, 1841, being that part of lot No. 84, bounded northerly and westerly by tbe lines of tbe lot, easterly by Solomon P. Miner’s land, and southerly by a line running from tbe westerly line, along a log fence and stump, to Miner’s land. Plea, the general issue, with a brief statement that the close was the soil and freehold of the defendant.

Trover, for divers articles of personal property and notes of hand. John Kent, the plaintiff’s intestate, died July 4, 1842, duly possessed of the property and notes mentioned in the declaration.

Assumpsit upon the defendant’s promissory note, dated on the 1st day of January, 1831, and payable to the plaintiff on demand, with interest annually. The writ was dated on the 31st day of October, 1842. The defendant pleaded the statute of limitations. The plaintiffs replied, alleging a new promise within six years next before the suit was brought, upon which replication issue was joined.

Assumpsit upon tbe defendant’s promissory note, dated July 4th, 1840, and payable to Samuel Ash, or order, in sixty days, with interest, and indorsed to tho plaintiff. It appeared in evidence that the defendant paid a portion of the amount of said note to Ash, in September, 1840, and that tho remainder of it was paid to Ash in December, 1840, and that these sums were received by Ash in payment of the note.

Trespass, to recover the rents and profits of a certain messuage, situated in Bath, in said county, into which the plaintiff alleged that the defendants broke and entered on the 15th day of April, A. D. 1887, and ejected the plaintiff therefrom and held him out, and continued to occupy and improve the same until the 14th day of August, A. I>. 1841, and averring the use and occupation to be worth $60.00 per year, &e. Plea, the general issue.

Trespass, for taking and carrying away boards and shingles of the plaintiff. The taking was on the 29th or 30th of June, 1843.

Debt upon a gaol bond in tho usual form, dated on the 30th day of October, 1839, and given for the release of one Samuel J. Yalpey from arrest upon an execution in favor of the plaintiffs against Yalpey, and signed by the defendant' as surety for Yalpey.

Assumpsit on an award. This case was submitted upon an agreed statement of facts.

Assumpsit «upon a promissory note, dated January 24th, 1840, for $200, payable to Freeman Palmer, or order, in sixty days, at the bank of Troy, N. Y., and endorsed by said Freeman Palmer.

Trespass, for that the defendant, on the first of November, 1834, and on divers other- days prior to the date of the writ, broke and entered the plaintiff’s close in Bath, being all that part of lot numbered three, in the first range of lots on the westerly side of Amonoosnc river, that lies southerly of a line extending across said lot from a pine root, &c., on the westerly line of the lot, to a pine root, &e., on the easterly line of said lot, and then and there cut and…

Foreign Attachment. By the disclosure of Nathan Grimes, junior, the person summoned as trustee, it appeared that on Oct. 20,1842, he signed a note for $125.00, payable to the wife of Clark Hazleton, the principal debtor, or bearer, in December, 1843 ; and that it was given for her interest in, or portion of her father’s estate, in consideration of which note said Hazleton and liis wife executed a discharge of their claim to her father’s property.

Debt, on a bond dated December 1, 1841, signed by the defendant as a surety of one Drew, given in usual form to obtain tbe discharge of Drew for an arrest on an execution in the plaintiff’s favor. Plea, non est factum, with a brief statement of the defence, viz.: that Drew, according to the provisions of the statute, upon due and legal notice to the plaintiff, took the poor debtor’s oath.

Writ or Entry, to recover the homestead and farm formerly belonging to the tenant; submitted to the determination of the court upon a statement of facts. On the 5th day of January, 1842, the present demandant caused the tenant’s right in equity in the demanded premises to be attached, and duly entered his action, and obtained judgment at the September term of the court of common pleas, 1842.

Trespass, for taking a pair of oxen. The claim was submitted to referees, who reported that one Boies on the 20th of February, 1836, being Sunday, for a valuable considerationrsold the oxen to the plaintiff, to be delivered afterwards. On a subsequent Sunday, Boies agreed that the plaintiff might send and -take them from a certain pasture. lie did so on the next day. A few days after, the defendant attached them as the property of Boies in the possession of the plaintiff.

Assumpsit by the plaintiffs, as indorsees of a promissory note dated December 17th, 1840, made by the defendant and payaWe to the order of A. Haven, agent of the Tyson Furnace Company, in one year from date. The case was submitted upon a statement of facts.

<p>A plea of usury, tendering the oath of the defendant, should he signed by him personalty, and not by attorney.</p> <p>A plea of usury is bad if it claim a deduction for interest paid upon the sum alleged to have been included as usury, no special agreement for that as a part of the usury, or consideration for the forbearance, being alleged.</p> <p>A plea of usury, praying only a deduction from the sum claimed, should not be in the form of a plea in bar.</p>