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This was an action in the Court below to revendicate a horse. The horse was seized. The Defendant was an innkeeper. The Plaintiff was in possession of the liorse pricr to and on the 10th of September, 1863. On last mentioned day he stopped at Defendant's inn in Bamston and ordered said horse to be put in his sta- ble and cared for till he called for him. When he was ready to leave he demanded his horse, offering rea- sonable and customary tavern expenses of keeping, and denndant refused to deliver up the horse to him, whereon he instituted the action appealed from. As explanatory of the pleadings and evideuco it may be stated that one liathrop Chamberlain owned the horse in question, called "Zack," m 1851-8, and Plaintilf acquired said horse of Chamberlain in 1858. Chamberlain boarded in 1851-2 at Cameron's tavern in Sherbrooke, and in June 1853 a bill was due for Ixrard and horse-keeping from him to Cameron, and he requested Cameron to hold said horse in his posses- sion as a pledge till the debt was settled. The defence set up to the action was that Defendant purchased the uotne of one Oliver Cameron, who acquired it of said Lathrop Chamberlain. This defence is met by a special answer to the effect that Cam- eron never owned the horse and never sold him to Defendant. That the money paid by Defendant to Cam- eron was Chamberlain's money, and that Defendant only acted as Chamberlain's agent in paying Chamber- lain's debt ' for honrd and lodging at Cameron's ; that the horse was merely held by Cameron until his debt was paid, and was released to Chamberlain ; that the Defendant had charged Chamberlain with this identical money, which in his plea to this action he pretends was the price of the said horse, in an account which had been settled by a suit wherein the disputed accounts between Chamberlain and Defendant had been determin- ed ; that said horse was never delivered to Defendant, and that Defendant's pretensions were fraudulent and in bod faith ; and further, a special denial of the allegations of Defendant's plea. Samuel Cleveland proves that Defendant stated that Plaintiff drove the horse to his stable and put him in, and that he had paid money for Chamberlain and got a bill of sale of the horse and he meant to keep him till he got a settlement with Chamberlain — proves horse to be valuable, damages ;f 50. Norman Cleveland values horse at not less than .£75, proves Defendant's admission of taking the horse from Plaintiff same as former witness. John Hackett worked for Plaintiff in summer and fall of 1853, knows Plaintiff to have possessed the horse as proprietor from July to 10th November, when it was detained from him ; prove- horse valuable, and badly used by Dofendent since he has detained it, and greatly injured and damaged. E. S. Southmayd heard Defendant say he had the horse in his stable and he would not let him go till he got his pay from CImmberlain, heard him order his ostler not to let Plaintiff have the horse. Timothy Winn heard Defendant boast of having driven the horse and that be would do so, valuable horse, dec. Oliver Cameron, the person from whom Defendant pleads that he purchased the horse, says : "I nev6r claimed to own the horse, but had him in i../ possession until my claim was paid, by Mr Chamberlain's re- quest." On being questioned as to the item in an account fylcd by Johnson, Deliendant in suit Johnson vs. Chamberlain, " Cash lent, del'd O. Cameron, 9300," he says this is the only sum ever delivered by Defen- dant to him for Chamberlain. John B. Shorey proves the tender of the money by Plaintiff for tavern expenses when he demanded hia horse, and the refusal to give up the horse. Henry Cameron, brother of Oliver Cameron, proves same facts as Oliver Cameron, also valuable horse, serious damage to Plaintiff, the detention, horse injured by Defendant, Ste. Defendant's Evidence. Wright Chamberlain proves making of bill of sale in following terms : June 35, 1853. O. Cameron Bo't of L. Chamberlain, A small bay horse called " Zack," for One Flundrcd and Fifty Dollars. Received Payment. [(Signed,] L. Chamberlain. CliaiiitxTlaiii uNu givoH porul uviili'iiro of Imrgain liolwcrn Dofenilant and Coinoron fur said Ituna. The roinaindor of Defendant'* evidoncu in urincipally rosprcting a propoud nrbitration bntween Plain* lifT and Defendant, which was not ploodod, nnd is totally Irrelevant to the iwuc. The judgment of the Court bolnw woa ai followH : " The Ck>urt liaving heard the |)urti«H by their rcHDoctivo Counsel, nnd examiuod tlin plcttdingn, proceed- ings find proof of record, and on tliti whole delilieratod, considering timt the I'lniutitf linth provedtlui materi- al allegations of his declaration, and nuiiioly thut lit and before the Dofenilant look possesHiuii of Iho horse, as and by this action claimed, he, the Plainlifl', had liuoii in iiosiuission of the said liorxr, and had a legal right of property of the same, seeing that the Defendant hath failed to Huhslantiato the ullegutionsof his plea, and hath not in any Icgnl way established that al the time that he the Defendant unlawfully took pusoasion of th« horse, nor since, he had any right of property or legal possession of the same ; considering moreover, that illegal evidence hath been adduced in this cause, and namely that part of tlio Defendant's evidenco mentioned in the PlainifTs motion of this day for the rejection of such evidence, doth gmnt the said two motions, dismisses tlio Defendant's pleas, and adjudges the Plaintiff to lio the lawful owner and proprietor of the said horse, and the seizure herein made to be good and valid, and doth adjudge and condemn the Defendant to restore and deliver up the said horso to the PlaintifT within fifteen days from the service of this Judgment on him the De> fendant ; and to pay to the PlaintiflT five pounds for his damages, with costs of suit, diMtroction whereof is granted to J. 9. Sanborn, Usquire, the PlaintifTs Attorney." The Plaintiff in Court below was entitled to judgment, oven if Defendant was tlie owner of the horse, on the maxim, Spolialu$ ante omnia reBtituendtu. Plaintifl*, however, established all necessary proof of ownership of the horse, anterior possession as proprietor for more than four months. Defendant * case en- tirely failed. He established no right of property in the horse. Cameron never owneil it and could not have traniforred it. The evidence of Wright Chamberlabi as to sale from Chamberlain to Cameron is contradicted by boiii Camerons, that although a bill of sale was made, the horse was merely held by Cameron as a pledge till his debt was paid, and was given up to Chamberlain upon the debt being paid, llie evidence of Wri^t Chanibdrlain of hiiIu from Cameron to Defendant, Johnson, was properly rejected by the Court as inadmissi- ble, the alleged contract exceeding 100 livros, and the evidenco upon another ground was properly rejected as not corroborated by any other evidence, hJMm te*ti$ nuUus tenlii. Again, this alleged fact is contradicted by two witnesses, Oliver and Henry Cameron, ard as a matter of credibility could have no weight. Supposing a bargain of sale completed, there was no deli< cry of the horse to Defendant. The sale would in that event be incomplete. Defendant from the summer of 18&2 to November 1653, had made no assertion of his claim to the horse. The charge made by him in account with La'.hrop Chamberlain, of the identical sum of §200 cash lent, delivered to Oliver Cameron, is conclusive, when compared with Cameron's evidence, against the Defendant Ho charged the sum as cash lent and judgmenc was rendered in that suit, where the account be- tween Johnson and Chamberlain was contested, and Defendant Johnmn was found to be indebted to Cham- berlain some £li, for which judgment was rendered ; and further it was pretended with considerable proof of the truth of the pretension, that this 9200 paid by Johnson to Cameron for Chamberlain, was Chamber- lain's own money. The Respondent feels assured thbt the judgment of the Court below must bo affirmed. SANBORN & BROOKS, Attf'i for i ^ '7