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1 2 3

^OVA SCOT/4

PROVINCE HOUSE

-'Si!-'

u^reme ^ourt

1B80

Guysborough, SS.

C-A.TJSE =

Jesse Cumminger, Plaintiff.

"VersvLs

Edward Malay, Defendant.

HALIFAX, N. S.

Wm. Macnab, Law Printer, Prince Street.

IbSl.

',♦•-■'*''

■-{.'ii^.i -*■■: ^^?%n-

#1 the Sn^reme §omU

1880.

Guysborough, SS.

C.A.TJSE

Jesse Cumminger, Plaintiff.

"VertAis

Edward Malay, Defendant.

HALIFAX, N. S.

Wm. Macnab, Law Printer, Prince Streei

1881.

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jB^Mi^K^aMsaMMas

I3:txd:b22:.

PAGE.

Order Nisi 3

Issue 3

Evidence of Plaintiff *

" " F-anch^^ille 5

" " Oa'.neron 5

" •' Plaintiff ic-?.umed 5

'* " A. numminger .... 6

' Defendant 6

'• " StewjTt 7

* " Defendant '-esurnt.i 7

" " Stewftrt i;snmei 7

" " D. Oamerun 8

''■ Stewait i9-called 9

Gmnt, Crown to Cummir^'er 9

Record Roll, Cumminger vs. Malay 10

Deed, Franchville to Cumminger 10

Deed, J. Malay to T. Malay 10

Affidavit of Plaint!"' U

Deed, Malay to Sterns 12

Deed, Rose Ann Malay to Defendant 12

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QUY8B0R0TTGH S.S,

IN THE SUPREME COURT, 1880.

Cause —

JESSE CUMMINGER, PUdntif.

V8.

EDWARD y.ALAY, Defendant

It is hereby ordered, by consent of parties, their counsel and attorneys, that the
verdict entered by consent for the defendant herein be set aside, with costs, on the fol-
lawing grounds : —

Ist. Because said verdict is against law and evidence.

2nd. For the improper reception of evidence.

Srd. For the improper reception of testimony, and on the groundt taken at the
trial with leave to the Court to draw inferences of fact and enter a verdict for the plain-
tiff if such Court should see fit.

Unless cause to the contrary be shewn within the first four days o< the ensuing
December term of this Honorable Court at Halifax.

Dated this sixth day of October, A. D., 1880.

By the Court,

(Sgd.) EDWAED CARRITT,

Prothonotary.
On motion of Mr. Weeks, Counsel with Plaintiff.

GUYSBORO', S.S.

IN THE SUPREME COURT, 1880.

To wit — Be it remembered that on the 2nd day of August, 1879, Jesse Cummin-
ger, by Hugh McD. Henry, his attorney, sued out of this honorable Court a Writ of
Summons against Edward Malay, of T'vo Mile Lake, in the County of Guysborough,
yeoman, and thereby alleged that the said defendant withhold." the possession, to which
the said plaintiff claims to be entitled, of a certain lot of land situate on the eastern side
Two Mile Lake, i i the County of Guysborough, and described as follows : Beginning

_ t

am's»-ssff^r.!. ■

ftf. r» stalo ulamlint? en the r-agtern bank of the Antigonish branch of -Saint Mary s Rivei
thence running soutti fifty-«ix degrees and thirty minutt-s, oast ' y the south-western line
of land occupied by Duncan Cameron one hundred and four chains, to a stake, thence
south thirty degrees and thirty minutes, west twenty-two chains, to a stake, thence
north fifty-six degrees and thirty L.inutes, west sixty-three chairis, thence south
thirty-three degre*;a aid thirty minuces, west ".even chains and fifty links, '.hence
north fifty-six degrees and thirty minutes, west fifty-five chains, to the said branch of
Saint Mary's River, thence north-eastwardly along the said branch to the (ilace of be-
ginning, containing tv 3 hundred and fifty acres, more or less, and for the withholding of
which he claimn two hundred dollars dimages.

The salt', defendant by Aii;^'U8 Me«}illivray, his attor.ioy. says for a plea to tho
plaintiff's declwation, that tho said plaiatitf is not entitled to tho possession of tho
lob of land c'ainiod by him.

And the said dofemlant by Angus McGillivii. is attorney, for an amended p'ea
plopded by leave of tho court to the plaintiff'^ \7n., af summons says, b* only defends
for a part of the premises claimed by ihe plaintiff, and which is thus described :
That co'-tain lot, piece or parcel of land, situate iying an(! bemg on the east side of
the a&y^ or Antigouish branch of Saint Mary's ^.iver, in the County of Guysborongh,
and is bounded as follows, that is to say : — Beginning at the south-west corner of
lands of Duncan Cameron at the said aast or Antigonishe branch of said rive'- ;
thence eastwardly along the southern line of the said lands of tho said Duncan Can. ;• li,
four hundred and sixteen rods.or to the western line of lands of the salt' Duncan Cameron
and of lands of John D. Cameron ; thenco southwardly along tho said last-mentioned
line eighty rods, or to a spruce corner tree on the said last-nientioned line ; thence
westwardly parallel to the said southern line of the sai<l lands of the said Duncan
Cameron, four hundred and seventy-tv/o rods, or to the said east or Antigonishe branch
of said river ; thence northwardly along the several courses of said east or Antigonishe
branch of said river to the place of beginning, containing two hundred acred rao: or
less, and he disclaims all right to the possession of the residue of said premises ; and
as to the part for which he defends, says that the said plaintiff is not entitled ',o the
possession of the part of the said premises above specifiod.

Supreme Court, GuYsBoiio', 5th Oct., 1880.

CUxMMINGER vs. MALAY.

Weeks, Q. C, opens.

Jessie Cumminqer, plaintiff. *

TJie Land.— I know the land on the plan attached to grant A W, marked A. It
is bounded nor^h by Duncan Cameron; westerly by the river, the Bianch. It is at
the foot of the Lochaber lake. James Mala ^ occupied this land A forty years ago ,
he died about ten years ago. Thomas Malay, the son, occupied the piece o)" 'and A
.shortly before the death of his father, James.

Paper B W tendered, withdrawn.

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Edward Carratt called and sworn. — I am the Prothonotary oi- the court. Mr.
Weeks aska witness to produce the record roll in Jessie Cumminger vs. Thomas Malay.
(Mr. McGlLLiVRAY objects, that this is contrary to practice.) The witness produces B
W, and says the filing is in his hand-writing. This paper has remained filed with me
from the date of filing, third Apjust, 1870, till the present time. [Mr. Weeks ten-
ders paper B W as the record in this suit. Mr. Mc(tILLIVRAY objects, because it is not
a record • not signed by the officer of the Court, nor signed by an attorney ; it is not
a record as the law requires ; there is a fatal objection in the erasure.]

[I receive the paper, subject to the objection.]

[Witness stands aside.)

G. M. Franchville — I am son of Edmund H. Franchville, High Sheriff in his
life tinie of this County. He was High Sheriff 30th Januaiy, 1874, and this is his
hand-writing, the signature to paper C W. I adiriinistored the oath to the witness,
and this is my signatu'"', as a J. P., which I was. He proves the Registrar's signature.
Deed C W tendered ; objected to, and received.

W. D. R. Cameron— I am the Registrar of Deeds of the district of St. Mary's, in
the County, and this signiture to the writing endorsed on this paper D W is mine.
This paper is a true copy taken from the records in my office. The original is not in 90
my office.

[Plaintitt" resumes his evidence.]

Father and son lived together at the time of father's death. Old Malay I mean.
Thomas was on the property for a number of years. Thomas, after fathei's death, re-
mained in possession till three or four years ago. Defendant lived on other property
while Tl omas was on the place. The widow died about two years ago. She lived on
this property till time of her death. T first knew defendant to be on this place A after
Thomas Malay had left the place. I demanded possession of the property before suit
from defendant. He refused. This deed. The first lot described in this deed C W
covers the piece in dispute, A W. I know Duncan Cameron's south line ; it is the 100
north line of this. The land in dispute does not touch Lochabar lake. It is a little
north of the land. The Adam McKeen lot, the William D. Hall lot, and my own lot
(40 acre lot B) lie to the south of the land in question. The land in the grant is the
same that James Malay occupied and that Thomas occupied The original writ and
declaration in this cause is read.

Cross-examined.— I am in my (lOth year. James Malay's wife was Rose Ann
Taylor before marriage. I know James intimately; he always resided on the land in
(juestion ; before he went there he resided at the cross-roa'd, St. Mary's, with his wife.
I knew Wentworth Taylor, brother of the wife ; was a land surveyor. Ephraim was
a brother, and lived near the land in question. They lived tliere after James and his 110
wife moved on the land in question. Defendant is the sou of Ja:ues and Rose Ann.
I have known him for years. Before his marriage he resided on the place in question
with When Thomas went off and defendant went on to the place it was four

or five or six years ago. There was a fence between the house of defendant and lot A.
The v/idow always lived on A. James was round the County working while the widow
lived there. He was a laborer.

Re examined— Edward lived on the place on plan on grant marked Adam Mc-
Keen. I don't know whether the fence I said was between him and lot A was north
or south of the red line on northerly bound of Adam McKeen's lot.

Affidavit E read. Deed D W tendered. 180

(Objection that the affidavit is insufficient under the Statute. No evidence by wit-
ness to the Deed.)

Deed D W read, subject to objection.

Alexander Cumminger.— I knew old James Malay thirty years and upwards. I
know the land in dispute He resided thirty years ago on the land in dispute. I don't
know anything to the contrary that he resided there till his death— T think about ten
years ago Edward was one of the younger membtii of the family. I don't know of
anyone else being in possession. There was a fence at the south of Duncan Cameron. I
don't know how many years James lived on the lot.

Plaintiff rests. ^^^

Mk. McGillivhay for non-suit.

Defendant was in possession when the grant issued.

No evidence that the Thos. Malay in Deed D W is the defendant in the judg-
ment of whicli record is claimed. The copy of Deed D W is insufficient. It does
not show that original was ever proved by the witness.

There is no certificate of the proof. It does not appear that the deed was ever

proved.

The description is uncertain, the locus cannot be ascertained, and there is no
evidence to identify it. Land gianted by Deed must be granted with certainty.

The land in Deed i„ not that in the declaration. The sheriff's Doed insufficient 140
and irregular because there was no record before issue execution.

Nothing to show tbao the deed from sheriff (C W) contains the same land or any
part in deed from James to Thomas Malay.

Mr. MoGiLLivuAY opens defer ce.

EnWARD M ALLAY— I am 89 years of age. My mother's name was Rose Ann.
She had been Tayloi'. My lather's name was James. I lived on the land in dispute
at Lochaber Settlement, a mile away from Lochaber Lake. Duncan Cameron
bounds me on the north and easteily, John D. Cameron, Adam McKeen and John D.
Cameron on the south. The East Branch river bounds me west. East branch of
St. Mary's river I claim there two hundred acres. This plan F W represents my land. 150
About one hundred acres has been cultivated. I live there now. My mother always
lived on that land. My father lived there. He made it his home. It has been my
home most of my life. I had been off and went finally to live on six years the 14th
February last. There was seven years I did not live on it, but my means were ex-
pen^u d there all the time. Previous to moving the last time in the present house I

'"HKssir"'

built that 1 juse. This was fourteen years ago. My father died nine years ago last
January and my mother died three years last March. She was living with me at the
time of liei' death. My brother Thomas never had possession of that place. He
was back and forward there, and the day I went into it last he left there. Thomas
wanted me to take charge of mother, and said if he had any right there he would 160
gi' it up to me. He had done work to the house after I built it and while
he .v^as back and forward with my father and mother, and I paid him for this
work when I last went to live on the place. Tiie witness stands aside.

John S. Stewart. — 1 wrote this paper, G W, and it was executed in my presence
and witnessed by me. Th*Me was a seal where the marks now are on the paper and
usual place. It was executed b/ James Malay, father of delendant.

Deed 1 1th March, 1862, G W, read by consent.
The defendants' f idence resumed —

Thomas Malay said about fourteen years ago that he was bound to have all that
property yet. Sterns was living there on the place, and Thomas said father could not 170
give a Deed. Thomas said that father might give a dozen Deeds He said he saw the
Deed from father to Sterns. He said father had no right to Deed, and he said he,
himself had no right to Deed because he did not get the Deed from the right party.
(This is objected to.) He said the land was mother's. Twenty-two years ago my
father came after me and iny parents put me in possession of the place, and my mother
was there present, and ever since my means were expended on the place. I have been
on it most of the time, and had possession from the time I was given possession.
Thomas left home six years last February. He had lived, for two years previously to
that, in the house I built, and for which 1 paid him for repairs. I had lived off and on,
and sometimes permanently, on the place all ;'long Previously at the time Thomas 180
went there, eight years ago, there was good stock ; when he left the stock was gone .
He left my mother destitute. Sterns, about fourteen years ago, went off". He had been
in an old house, and when he went away he gave me all the rights he had He had
been in the same house as my father and mother. He was married to my sister.
What I was put in possession of, and what I always possessed, is represented by the
heavy line on plan F W. (The witness points out the lines, as in the amended plea,
and says the north line has been fenced thirty years, and the south line, in parts, have
been fenced over twenty years, on the river it has always been a meadow. I know of my
father trying to sell the land, and my mother forbid it. (Objected). Father then said it
was no use to try and sell, as it belonged to my wife. This was over twenty-five years 190
ago. I heard my father say repeatedly that che land belonged to mother, and he could
do nothing with it.

Witness stands down.

John S. Stewart recalled.

This paper H W was executed by Rose Ann Malay in my prasence. I read over
and explained it, and she made her mark and it was delivered in my presence.

Deed. Ki April, 1875, from Rose Ann Malay to Edward Malay, marked H W,
read without objection.

Defendant's evidence resunieil.

This deed H W covers the land in question. 200

Gross-examined — My brother Thomas is Hfty-nine. In my Prst rocollect'on, he
lived two miles aw^ay from this on another pnjperty. My brother did not live fifteen
years on this last named place, I can't say any nearei'. When I was nine years of
age I lived with my sister, back and forward for a couple of years. I hired then for
a year two miles from houie. I was home and worked about and earned something
in the community, which I took home. About three months is the longest period I
was from home since.

For about six years I was not living permanently in the house I built, but })art
cf the time in a house adjoining and other places. The old house was in existence
when I first remembei'. My father and mother left that when I was quite young. They 210
built a house on the place near wheie I afterwards built. My brothei' Thomas ha.
nothing to do with the building of any house on the place, that I know of. He was
away when father and mother built the house near where I built. At the time part
of the south line of Cameron's was built.. I don't remeuibur of the south fence of the
disputed lot at that time ; 200 rods was always kept up on the south after I built
in one place and more in another place. Father was eighty-eight years old when he
died. About fifteen or twenty acres were cleared when father and mother moved in
the second house. I never heard uiy father say how long he had been on the land.
Occasionally, as far back as I recollect, father was working on the land. What Thomus
said of giving up right was, that he would give up right to anything about the place 220
if he had anything there to me. He did not claim any right. I heard Hying ru.nors
of a sheritfs deed to Cumminger. (I decline to permit a question as to whether the
witness knows of the right and title of Thomas Malay in lands described to witness.)
The counsel then read the description of the bounds in the deed C W, and asks if the
witness knows of such land '. He says that if at the foot of Lochaber lake, as de-
scribed, they are a mile away from the land in disput.*". The foot of Lochaber lake
is south. I know of a small lake or still-water on the west side of the road leading
from Sherbrook, and this is my west bound. I know Duncan Camercni's south line.
The witne.ss in asked if the desciip'ion read to him from the deed C W is the, land in
dispute ? He answers that a part of it is like the land, but a part of it is different. I 230
do not claim a strij., all the way across between the bottom claimed in the writ.

Duncan Camkron. — I live ^lorth of Edward Malay foi' forty years. James Malay
and his family lived there fort) years ago. James Malay continued in possession of.
James Malay told me while on the land that it was his wife's — that is the two hun-
dred acres in possession of defendant now. James told >ie his wife got fron\ hei-
father. We made the line betwecTi us accordirg as we would clear. There was a
line fence on the south ever sinc2 I went there and a line on the west and on the
south of what Edward claims now. My son is on the east. Theie is a softwood tree
on the .south-east corner. Malay anil his wife held within thest* lines forty years
ago. A good deal of it has been cleared— the most of the 100 acres in the front. 240
James Malay said he left his wife, went to Newfoundland, and while he was away,
her brother and father built a house on this land and gave it to her, and put her in
posse.'-sion, and he found her in possession when he returned. He said it was his

wife's land. Defendant helped hia father and mother pretty often to my knowledge.
I knew Thonias went out of the County.

Cross-examined. — I don't know whether the old man had returned when I fii-st
knew the family living there. The old man on his return told me that the land was
exchanged, that Taylor bought from Bent, that it was got from Bent for his wife by
her people. I reject evidence of conversation as to a Deed to Thomas. The defen-
dant I know was oftenest on the property. I can't say any sum defendant contributed 250
to his family.

John S. Stewart recalled, (he only having been called to prove Deed prev-
iously.) I live a mile from defendant, at the south end of Lochaber Lake. I have
known defendant's parents 35 years, and have been frequently at their place while
they lived. I know the land on which James Malay resided. I know Duncan
(Cameron is on the north of defendant. John D. Cameron is on the east. The east
branch is the west of this land. Description of Deed G W is read. Th- witne.ss
shows that this covers the land marked Edmund Malay on plan F W e '.(0 the
lower part, about one half of it easterly from the road, that at the time of the Deed
G W. James Malay, defendant's brother, was at the time of the making of Deed 260
G W in possession of the lower part.

Defendant rests.

It is here agreed that a verdict be entered for defendant, subject to the opinion
of the Court, and with power for the Court to draw inference of fact, and a rule nisi
passes accordingly.

A W.

A Deed from Crown to Jesse Cumminger, of Goldenville, St. Mary's, in the
County of Guysborough, merchant, of two lots of land containing, together, two hun-
dred and fifty eight acres, situate, lying and being in the County of Guysborough, and 270
bounded as follows: The lot marked " A " on the annexed plan, containing two hun-
dred and eighteen acres, and the lot marked " B," containing forty acres. Beginning at a
stake standing on the eastern bank of the Antigonish branch of St. Mary's River, thence
running south fifty-six degrees and thirty minutes, eact by the south-western line of
land occupied by Duncan Cameron one hundred and four chains to a 8t?ke, thence south
thirty-three degrees and thirty minutes, west twenty-two chains, to a stake, thence north
fifty-six degrees and thirty minutes, west sixty-tnree chains, thence south thirty-three
degrees and thirty minutes, west sever, chains and fifty links, thence north fifty -six de-
grees and thirty minuter, west fifty-five chains, to the said branch of St. Mary's River,
thence north -eastward ly by the branch to the place of beginning. 280

Dated the 14th day of July, 1876.

Consideration, $113.50.

Registered in the Office of Registry of Deeds at St. Mary's, aforesaid, at 5 o'clock,
April 29, 1879. Book of Grants, No. 2 p.p. 7£, 76.

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B W.

IN THE SUPREME COURT, AT GUYSBOROUOH. ON THE TENTH DAY

OF FEBRUARY, A. 1). 1867.

GuYSBORf>uaH Court.

Jessie Cwmminger aued out a Writ of Summana against Thomas Malay, imth the
'particulars annexed as follows : —

Feb. 4, 1H79- To balance of settleinent at date 9^^^ ISJ

The plaintiff claims interest on the above sum, from date until judgment.

And the said Thomas Malay iias not appeared. Therefore it is considered that
the said Jesse Cumininger vecover against the said Thomas Malay, four hundred and
thirty-nine dollars and twelve and one half cents, together with three dollars and
seventeen cents for cost of suit. ^^^^^ CUMMINGER.

Attorney in person.

300

Deed from Edmund F. FranchviUe, Sheriff of (Juysboro County, to J<^sse
Camminger, conveying all that lot of land situate at the foot of Lochaber Lake, so
called, adjoining lan.ls owned by Duncan Cameron, and de«^ribed as follows :-Com-
mencing at or near a small lake or still water on the wes n side of the road leading
from Sherbrook to Antigonish ; thence running easterly along the said Duncan
Cameron's southerly line, one and a -luarter mil-^s ; thence southerly, eighty rods
more or less ; thence westerly, one and a quarter miles, or until it strikes the shore of
said lake or still-water ; thence northerly by the several courses of said lake or still-
water, to the place of beginning, containing two hundred acres, more or less. Also a
certain lot of land bounded on the north by the above described lot, and on the south 310
by lands owned and occupied by one William Ha.vle. containing one nundred and
fifty acres, more or less.

Consideration, $442.29^.

Dated January 30th, 1874.

Reg. book F. p. p. 107-9, March 2nd, 1874.

D. W.

Deed, dated 26th day of March. 1868, from James Malay. Senr., of the District of
St. Mary's. County of Guysborough. Farmer, to Thomas Malay of the same place, con-
vey-og all that certain piece of land, situate at the foot of Lochaber lake, adjoining 320
Duncan Cameron's south line and running easterly, following the same course of the
said Duncan Cameron's south line, one and one-fourth of a mile ; said lot of land df-

merly owned by the late William P-^nt. Esq.. and containing two hundred acre, more
or les*.

Consideration, $320.00

Registered at 4 p. m., Murch Slat. 1868.

Certificate thereon— , , . , ** i »

I certify that the wHhin paper writing U a true copy of a deed of James Malay to
Thomas MaLy. as the same is registered in the olfic. of Regmry ot Deeds for th D,s-
trfct of St Mary's, at Sherbrooke. in the County of Guysborough. P ^ok E.. pa^. 170. .30

(Sg'd.) W. D. R. CAMERON,

Regittrar.

E W.

GUYSBOROUOH S.S.

IN THE SUFtlEME COURT, 1^80.

Cause —

JESSE CUMMINGER, Plaintiff.

340

EDWARD MALAY, Defendant.
I, Jesse Cumminger. of Goldenville, in the County of Guysbrough. the plaintiff
above named . maketh oath and say :

Ist I say that the Deed of land from James Malay to Thomas Malay, conveying
two hundred acres of the hnd in dispute in this action, is not in my possession or under
my control.

2nd I say that I never had the said Deed in my possession or under my control,
and that since this action, and within a few days of the trial of this ^^^l^^^J^J^^^
diligent enqu.ries for the original of said Deed and have been unable to procure the ^^^

•ame. JESSE CJMMINGER.

Sworn to before me at Guysborough, in the County of
Guysborough, this fifth day of October, A D , 1880.
EDWARD CARRITT.
Commissioner for taking affidavits to hold to bail
in the Supreme Court for the County of
Guysborough.

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in
of
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It

S2
W

'" *e Cou..y of Gu^^o™„gh =^;- ;-'':j„t„„ .,e ..id Uu„can C..e„„.,

of land on the east bank o the river eastwardlv until it 8trike8 the rear

south side line following the several -^^^.^f;;;.;^ " courses thereof until

Une. thence -thw.dly on sa. ^ ^ J ^^^j^^, Malay, iunior. thence on the
it strikes the north line of a '«^ °*;''7 % ,, ^/ ^^^ ^^veral courses thereof west-
said James Malay, junior's north side lu.e f'^^-^S^^^^^ ^^.^,,,,, .^ence by the

C^nin,, confining one hundred and thmy acre., more or lese.
Consideration, £100.
Date, March II, 1862.

H. W.

by these presents remise, ^^^^^^^^ ^J ,,.,,t, piece or parcel of land situate,
his heirs and ass,,ns foreve , aU ^'f ^^^^"^^j^^^j^, \,,.,„,,, ^f the St. Mary's River
lying and being on ^^e ea«t side^ f tb^^ A^^^^^^^^^^^^ ^^^^.^^^.,^ ^„, ,,,,aed

and Little Lake, so called, in the bounty ai the north by lands of

towards the west by the aforesaid branch a- aU '^^^^^^^^^^^^ I, ^dam
one Duncan Cameron ; towards the ^^^j/ ^^^^^J^^n of said Adam McKeen.and
McKeen-s lands ; towards the scMb by ^ -XlXThundred acre,, more or less.
of Edward Malay aforesaid, containing in the

A . V,.ld the same toc^ether with all the privileges and appurten- 3J0

forever. . v i „ „f

1 .f T hereunto set my hand and seal this, the sixteenth day ot

WU> r^aT'rot'L^rr tLui e,... ..u„dr.d and .even.y-hve.

her ,

fScr'd) ROSE ANN X MALAY. [l.s.J
'^'^o ■' mark,

Signed, sealed and delivered

in nresencc of

^ (Sg'd.) JOHN S. STEWART.

JL u >^

Received on the day of the date of the foregoing quit claim Deed from the
herein named Edward Malay, the sum of four hundred dollars lawful money of the 400
rovince of Nova Scotia, the same being the consideration mone> .herein mentioned
to be paid by him to me,

her
(Sff'd.) ROSE ANN X MALAY.
^ ** ' mark.

In P^-e^e^^^e j^yjj g STEWART.

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