SUPREME COURTS-CIVIL SITTINGS.

Southland Times, Volume I, Issue 23, 23 July 1864, Page 5

SUPREME COURTS-CIVIL SITTINGS.

'" Thijesdat, ; 2lst July, 1864. : -;(Before His Honor Mr. Justice Chapriian). • i The Court resumed at 10 o'clock. TONHAMMiaB AND ! ANOTHEE T. M'OIYMONT: AND '* ; ANOTHEE. ; 7 This case was resumed. ! Mr, 0. E. Buttori for ■plaintiffs' and Messrs.; Harvey and South for defendants. x . n .. /Mary'M'Cliymbrit, cross-exaimined by Mi*. Souths son came' to the Bluff to meet my daughter dhdlme. We did not ask him to come. We lived on the best terms with my son till after his marriage. My son. was the first to/ commenco action for the preserit legal proceedings^ Last night, had ' conversation with Mr. Von Hammer, arid; we agreed' to '-speak nothing 1 but 'the truth. I intended nothing else;- The cow" Matty •" was killed by my son." ' -I~did notconsent to its being killed. ;. I. did saytbeefiwas required for the house; Mrs. Von Hammer had a roast ofthe cow sent to her. My son took it to her. I sold none of it. ! ■ " --yyv: yy .:■-', ,: * . Reroxamined. — There ;was never any dispute about the cattle before my son went to Mel-, bourne. E. A. Von Hammer deposed :— Mr. M'Clymont told me that my/ wife had some cattle. Ihave seen nearly all his cattle in his presence. I "assisted him! in November last to drive- some stock in to a sale in town. "When in the paddock, he told me some belonged to my wife. The greater part of those, driven to .town were those of Mr. M'Clymont. The horse" Jack" was brought to' town by Mr. M'Clymont, who said at the time— "Here's ahorse belonging to Jane ; she's anxious to have it. You may as well have the use of it." I was offered £40 for it, and refused it. After having it for six weeks, I turned it out on the run again. Mr. M'Clymont .and I lived previous to his Jmarriage on the most friendly terms. He serit me a lawyer's letter then. . The price, of the cattle sold was, about £8 or £9, per head. My wife claimed about 6th January last. Mr.M.'Clymqnt never claimed the horse. It is running on the plains now. I can go and take the horse when I please, Mr. Button— i Then I'll abandon this claim; we were claiming the horse on the grounds of wrongful detention. ■ , ; His 'Honor.' — There are really no grounds what- > ever to sue, for a horse wliich may be had for the going for. Mrs/ Cox and Mrs. Copeland, sister of Mrs. Von Hammer, gave some unimportant evidence. This was the case for- the prosecution. Mi- S. M. South opened the' case for the defence, and called Mr. Gilbert .M'Clymont, the defendant, deposed. — My mother and sister arrived at the Bluff at the latter .end of the year 1857. I got a letter by a Mr. Hogg, from my mother, to meet them at the Bluff. , They, agreed to pay for their expenses and keep. Jane, my sister, was in the " family way." She was to receive £50 a year frbm the father of the 'child:. ** They thought-it ' as' well that I should have that money as any one else, and they came to reside with me. The cowLucy was my property, which I gave to her. When she married ( Mr. Von, Hammer, she said she wanted nothing more, and that I might keep what more I had of hers. Up to the time, between two or three weeks before her marriage, we lived oh the most friendly terms. The draft for the £50 was given to me by her for her keep and that of her child, and she had the use of money when she liked. The £50 draft was given to Mr. Calder ; but am not certain if it was cashed, or whether I took up a cattle bill. The £30 were presented to me in consequence of the extra expense for furniture, &c, to which I was put. I bought the cows on bills, amd £20, which I got from my sister. I bought them close to Danedin. I was not buying them for my mother or my sister, or with their money. . I gave one to each, and a calf to the child. After the first year, my daughter got £25 a year for the child's keep. The £25 draft I got cashed in town. I spent a pound or two, and put the remainder into the box where the " general fund " was kept. The marriage trousseaux and other expenses cost me £105 on my sister's account. This took all my my money, and she told me I should keep all that was on the place. I built their present house with my money. I sold twenty-five head of cattle to do this. The house is the " Rose of Denmark" ■ Hotel. I considered all the cattle my own. There might have been three of my mother's, and four or five of my sister's. I considered them all mine, as the claim was given up I was never asked for payment of the eleven head of cattle in question. On the 6th of Jan., Mr. Von Hammer made a claim for the cattle. They were then in my possession. I told him if my sister chose to come and claim what was hers, she should have them if she would " go." The cattle presently on my farm are' nearly all which they want to claim. They are running on the open plain. Cross-examined by Mr. Button. — I first quarrelled with my mother and sister as soon as I got back from Melbourne. When I went to Dunedin I got £30 in a present. It was not to buy cattle. I will not swear that my mother sewed the draft for £50 and the notes in my pocket — some notes were swved. £20 of the £30 was spent in cattle. Mr. Button. — Did not you say that this £30 was spent in furnishing the house ? Witness. — I furnished the house on a bill, which I afterwards paid. Cross-examination continued. — I never gave my sister any money on account of cattle sold. Some of the increase of my mother's and sister's cattle were sold. I considered them mine ; they had made no claim. Some ol the increase wero branded with my own brand. : James M'Clymont, a cousin of the defendant, gave evidence to the effect that he, in the month of November, 1863, assisted to drive some cattle into town. Mr. Von Hammer and the two Mr. Watsons^ also/ assisted. / I dojp't know, of my own knowledge, to whom the cattle belonged. There was nothing, said of the ownership on the way to town. -,- .Y. .. .■ . This was the case for the defence. Mr. S. M. South and Mr. Button addressed the jury,, after wliich y His .Honor summed upremarking that, the' claim mow sought to be established amounted to £96. In ■ the. case of. money lent,, he •pointed .out that it should be, recovered, in a, different form than the present., It -would '(be, .'for; the; jury, to decide if themoney was :, given for -a; ;specific -purpose.; Ihe cattle claimed ,by, Mrs. , Von , Hammer were in possession of defendant , by a, /permissive holding, and in, order! to ;■ prove , -wrongful detention, it ;was' necessary!-! to! prpve- a idenial and refusal to [give: ,them rip. There could not be the Brightest, doubt that three head of cattle belongedto, Mrs. M'Clymont and !■ her * datightec, ** but there <was a : great .amount, of conflicting evidence ; jregarding the increase; of; those cattle, which His Honor, at considerable lbngth^Awelt^uponj^and^^left ,for*, ; the jury,. to dbcide,upon v i 1t ,.. r ..^y-y.A-. - yyy-AyyyyYyip-iY ' The jury retired, and returned with a verdict for the plaiutiflWiutiie i*n*un^ YON HAMMEE,:AND ANOTHEE- V. : M'CLYMONT AND I "*/./*,, f-- ANOTHEE. / „„*.. r / ._.. . ft ... \ Tlns*'"was-an actiouifaised'for^specific perform 1 -' ance of contract— in soif&'WplMntiffa ayer that, for

1 tlie siim of £50^aid''iri 185Sf Wdof^ifdiant^it^rai agreed' thaT twenty acres of land; or thereabouts ,".* (being section 7, block I^lnvercargill Hundred) 'should be given aßin consideration' of said sum. ■It^as'further alleged that .after thej marriage"o£ Jane ! M'Clymont with Mr. j^.;;A.; Von Hammer, they 'entered on, and took r possession. />£; the said land,: upon which they; with' the Tmowledge and privity of the defendant; /erected a~ building or tenement; also, that since that date, 9th~ Juno,- -■ 18631 they (plaintiffs) had remained in possession ; that defendant had* mortgaged said -land' -to Jon'e "Alexander Clerke to the extent of £100; and that, in' consideration of the aforementioned sum of £50, ;deferidant^had -refused! the^plaintiff's) request" to . have.' the land conveyed oyer.to them as primarily agreed upon. Hence the '"action. i< ' 1 '••'■-' JL *-' • The defendants denied all the material allegations. ... Mr, Button appeared for'plamtiffs, 'and S6r*the defendants, Messrs. Harvey and S. M. South. Mrs. Von Hammer^ was fcxamin'ed'tiiaid jcross-J oxamined at great length ; but, as in .the previous action, it transpired that all 'the disagreements had occurred after the return of the defendant on Mb marriage trip, to -- ; In crpss-ex^mina-y 1 tidnjthis witness, swore that the. hotel, and part, !of the furnishings were provided by lir;. M'Clymont^ and l tla.afr.-iie. said . tp^Her" ;',when .' th& _ ,'outlay ! bo. incurred was repaid lie would make*her a present' of; the hotel and the twenty acres of land— the subject of the present action. AffcerwardVthere was! a great deal of fencing on the .paifcof jthe ■witness, endeavoring to parry the inference^;BO induced, that the said lands were never .purohased, . butjthat they were only to become herVwhten~hier peciiniary obligations to her brotheiyMie 1 defendant, were liquidated. >.■",''>•'{'* &''£J\ fv-YrlO Mrs. M'Clymont, mother- pf. the previous witness, gave evidence in corrobdration of her state"-" ment, and her cross-examination" 'Occupied' the time of the Court until five o'clock; Witness 7 never heard her son say anything about .'making a-pre-sent of the hotel and furnishings to plaintiffs as •soop as his; outlays: were repaid. -.She (Would. not,; swear to it — could not remember. ,, .'t.:;: .j; t -. ; ,;h-z: The Court thereafter adjourned. Fbiday, 22mtd JtriiY, 1864. VOX HAHMEB AUD ANOTHEB V. SI'CLYItONX AND .-•■;-, ;, ANOTHBE. ;' j %;/ \~ (y~y The trial of this case was resumed. •*•■■•- : •■■ Mr. Von Hammer deposed to residing on the lands in question, since June, 1863. Previous to going there; I had a conversation, with f Mr.' l M'Clympnt about it. He spoke tolme first:; J told me not to take the Waihopai Hotel, but to occupy the land belonging to my wife.; He ' distinctly stated whose the land were. He pointed it out exactly to me early in- June. * I> went. wath™him 3 » alone with my mother-in-Jaw and wife, v Jo the landT He had clearedra ; spot ;where' i he f thought would-be the .most convenient for. an.accommor_ dation house. I objected to this spot, and said, if jfchis corner belonged tb my wife, 'l must have the house distinctly in the corner. He said the stockyard wa3 within half a chain of the boundary of the land which' he intended granting to" my wife. ■.> ,The.- stockyard; [stands .-, upon : my»r landj The frontage of land, he told. me,.v;was five or six chains,, .but .when ., he .returned from Melbourne,. he ; said the stockyards* was within half a chSin of the boundary. He after.wards said, the corner-. was; ; the most suitablesfpr' the accommodation house, and that I could do what I liked wfth my own land.. I put up aj little } hut on the driest part of the land, and paid for.it;., I told Mr. M'Ciyniont) when he proposed to anej to settle on the land, that I rather preferred to be,', away from relatives, and .not to.be much. indebted ito them. He said he should back me up in the" hotel, and that, I was to take, the revenue ■of the accommodation paddock and the profits of my profession in keeping, on the place. He, said I was to have all in my own possession after I' had re-jpaid his bills, for which he became security for jthe building of the house',- i.e., ' the house and the 20. acres of ( 'lah'd.i.' :I f ,^r'as to . siipplyV'thelmoiiey when the bills fell due. The house was built on that .understanding. . I gave the orders. , I, took, the management. I paid about £200 in' bills' for the building of the house. Part of this was ' paid to Mr. M'Clymont. The bills were made out in my, ,pwn, name. ■ ,TTp to 15th January ' last we had no - dispute. On that day he sent me a lawyer's letter, This -was shortly after he got marriecL Before 1 that he told me that I was the only party he could do business with. ' The Hose of Denmark Hotel was a licensed house. The license was taken out in my name, and Mrj M'Clymont was one of my sureties. When he went to Melbourne his cousin represented him. I am still in possession of the' house. ■ f By His Honor. — The whole cost of the hotel was about £220. ' ■ ; Examination continued. — M'Clymont would not render any further bills after January. He said distinctly he 'would ' call for a further payment. He never called, but sent a lawyer's letter.' I was ready to pay more if there had been. any more. ■ Cross-examined.r — The building was commenced in June, 1863. I assigned my effects in July," 1863. I made the agreement with the sawyers in June. The building itself was commenced in August or September. It did not cost £400. Mr. M'Clymont became security for the trades-' men's bills to a certain extent. I was not to have the profits of the house for my. superintendence of the business. Mr. M'Clymont was to pay certain bills, and I was to repay him if I could spare the money. I was to pay for the building out of my earnings and tho profits of the paddock. The? trustees never tried to get in my outstanding debts. I don't know that only £5 was recovered; out of my debts. I did not account for my earn- ' ings to the trustees. I don't remember coversing with them on,the subject of a claim on Mr. M'Clymont's property. I did not tell Mr. Beaven or Mr. Maning that I had a claim on M'Clymbnt's property. Mr. Maning never said tome, in Mr. Souths office, that I kept back any claim from Mr. M'Clymont's property. I never kept back any such claim. I had no claim on his ! property. If Mr. Beaven or Mr. Maning swOre to : the opposite it would be false. , I never arranged to be a mere manager for M'Clymont. and that I was to be paid out of the profits'. (Being shown Stuart's bill for £9 125.) The balance paid him was about a pound. The contra account was for hay and chaff. I bought the hay and chaff from Mr. M'Glymont. I paid for it in cash. I got no receipt. Smith's bill, £4 18s. 6d., was paid in cash.. Hainan's bill for painting work, £11 5 a., was paid by me. I never had any dispute with Mr.' M'Clymont till he sent _me a .law-,.! yer's letter. The reason* he started me in business was in consequence of his sister's (my<wife) being so kind to him previously, and. having, started him. I was never manager to him in the hotel or^ the paddock. ; I drew the earnings of the paddock^ I never accounted to him for'-the-.earnings. The paddock was Mr. M'Clymont's, with the exception of twenty acres. The understanding ' was 'that' was to have the, earnings of the paddock, owing to former favors, of my wife in his favor. Thejearnings of the paddock, for the seven months, would amount to about £100., When he (Mr... M'Clymont), returned from Melbourne, I got £82, to defray the court expenses of a gig case. ; Two" or, three- days afterwards, I repaid him £45,' and he refused to receive the balance. I got this ouiy. of \ the hotel profits. Mr. M'Clymont supplied the spirits.! He refused= payment of the bill when offered to him. . Whqn Mr. M'Clymont returned from : MelboumeV'l noisted ! tw6' flagsin hbn6r ; of ; , ; the event; ''• (Laughter) . ". . ; ■ ' \ ; . ';,' ' "', ' " "' " ' ] Mr. Mueller, deposed to the situation and extent of the land in question. _ ; Mr., Cox gave some ;upmpprtant. evidence'.; V ■ " This was the case for'the prosecution, '^ ■ u - fi - 1 - Mr. Harvey then opened- the case for the decience; ■ called ■■■:« '- '-■■■■' ■■■ ' r , •>••' H .;< .U ; i A'a („ "A. T. Maning deposedr. to being 'one of the trustees on the estate of -Mr. Von. Hammer. Mr. Bekven'is another. I ■•Had 1 an interview -with' Mr.^ Von Hammer; aloig 'with Mr. ! Beaven;!dn^JMr. .Souths office] immediately after the> assignment.' SVe? inquired of- '- Vbn2 Hammer iwhat property he* 'Tiad. I asked him if he had any interest'; insdme' sections. I don't recollect-now where they were ; . but he said he sold^ami then he had Hsio interest whatever in-land, and that .he had aßsigried-evferytHing^he possegßeia to'hib- trustees.

By Hia Hbiior.— There VHts nothing said about & house ? Samuel Beaven gave corroborative, evidence to the foregoing. The witness also deposed to Mr. jM'Clymont's paying several bills on account of the Rose of[De*nmtfrk'jHbteJl;/ J i'; Ci'/Aj^ n Y'AIiYA Gilbert M'Clymont, defendant, : — My sister never bought of'irie twenty' acres of land, paying for them with drafts of £20 and £30. In July,* 1858, I never, sold my. sister, twentyvacres of,- v■ . ■ land. 5 ;Shb; never gave me '£50/for'that land:/; The 1 .; - l first cheque' I got frdrii' "her was in trie "Beginning. *'J of 1858.' J 'The^/h^^a^ twelve month's afterwards, 'and ' the 'third hl sum ,J Uli '* a year after that^c Previous* to -her! f marriage I promised her ;an acre. at;pne(time. yljsaid notlringj-**] y^ to her of "tweriiy" before heir , .... June, -1863; j; iri'!riiy ;; hbuseV riiy v ßis^r r; 'arid^her' , 7;it;husband and my mother' 7 were :!l present, my' mother wished me to let them- one-half the pro- - • . ' . ceedß of the paddocie ifor looknigiafterrit. The paddock was just fenced in at f the time. I had .a t A piece of 'cleared land, where l' erectb'd 7 a ; Hut.^'^ly- s agreed to put the hut up, and told them they T y-* J ' Jwould have the proceeds: for looking-'afterhthero^ paddook, : f , T The money .dtfawn? was either/to. be ; y paid to -j me ; pr . mto . my*- acet>unt pwithathg bank. ; The| qpnveraat^ '/? ths |Bame^/time/^/r/stud '/iWbuld'^b-i^d/a hotel there, tmd' the" prqfitgtrif ,^ in the |bank ; , .arid whenit*he hotel' replud'me^for my outla-y.f.tKey^iJVoh? Hamirier arid ! his'-^ife) wbrfe^to have it, along with five acres of t landJ<-iWhen he went! into the house (the^hbtel), he was. not to receive the half, of 1 the 'inggey Q$M {Jjp to take charge of the. paddock. . "Vfhen^Tfcame baci from Melbourrie/'iri l^^^ec^riib^/Me' house wasj then up, and they, were "in, iti He then wanted to lease the hotel'frbm riie.y I would not do so, as all belonged to. me that was in the house, with thp jexcejtipu of» a fey ,^hfg3. went in the ltftfe/erid'of'De^mberto a 'lawyer's, • to get an agreement ,v drawn^u*p. -r We went to Harvey and Stuait's7 iJ ~ I arict" K Mr. Von and^:; ! Ms^ ; A^^^e;;.were.¥.'t^erei>la'?Tho agreement set forth that Mr. Von Hammer '"was '-to "»'he ihpaid' i6s'l-a--week as/inri&agerl V of the hotel and paddock; The jnoney^foawri was to-be paid in to'my-'&courit'-witii th'^banlc.^ Mr. Stukrt drew out a small paper, and gave it to me, to place over the "Rose of Denmark"" Hotel. Mri VoitHammerlasked if. the agreement would' *$} be ready for signature next morning. Mr. Stuart replied it would: Mr. Vori /Hammer never called, and heihas jn*ver«sigriedhthe '• document "?7tb .my -TOT knowledge^' The 'disputes arose three <br:fourfdays> f.l afterwards.^ -I went to thei .Hotel l .with :o Mr. Woriw^f Hammer the same night, v/ip told : himofa):; have^** 'i that paper placed over Ithe 'door. ■Ay. *Hel • Baid-heti -Yf. w0u1d.,; ... That was aU that. passed /that, night.; I ..beheye. I; saw!hiriL .next ' 'day, j " ; I asked^Wif "he had put/ the p'a]^ He: said /he was going Jo signthe agreement. Mr. Von! Hammer -rieyer; pbjected'to; the terms. All the arr^gemerits/were; iriade.wd.thliiin. . I built and paid lor tlie: hut. ' Mr. yon'^riiriier did not pay or help to pay for it v It~was built of sawn ( timber.^' I paid/for* it- arid /th'b putting ;up;'*> ? <E>airi' j' not sure whether ■'ripsud for the^c^for'th'eroo'n 5 '« -I told Von" Hammer-'to gofor^theJziri'c.'^l^was^-*^ Susy at the tune^aridhe'was r 'doing: nothing: .'- ; Hef_ fr>* has never 1 accounted to me forthe earnings' of the*?^* paddock-' arid" hbtel.- : • ! ':• ! After-paying r! him■-the^^2- !l - f '' , ' for! has law* suit expenses^! orily £45; i; 'l| )i! •- received-rib sinall'sums.'-!!; never authorised him:^- v tb 'pay atiy'bills without my consent orknow- fiK '■'■ ledge. The plans and specifications produced are-'--in | my name. They are for the hotel.. The^ a^courit of i'Mr. • Abraham* Watson/for buil'diSg'it^ ■'.*■•-. was made out ih niy: name; • Se alwftysf appheditp'^ 1 ''ihei for payments. All the bills producediamorinti&iil to £24345: lld./.for bunding/^one".''§l have* ! alßb; :i T-' : paid ' for spirits, glass, furniture,-"'< Sic. w : The* goods--/ y gof; 'from ; Mr.-Beaveri ! amouritedvto £53? /l-fiir-- >° nished the-house at'stffirting."'!: l never pointe'd out/ 1 ' ! to ;Mr. Vpn- Hammer -20 acres ! of- andfas being* hiß » '-** -f wife's'propertyi -' ' y --Af ■;■ y-'-yA T:,n y V'-^ yi / >ayr / i;; Cro'ss-exariiiriedi.** 1 -^! 1 V,gpt .^o/.iriprie^^be'tween 7 '"'' Pebruary, i lßsß^a^Khkil^ f l.B§^ ? *86"iSris T Vi 4 rebonecfc'*Mf%cftto'4ir J^ ,put into the box. I paid it*' awi,y the ; sarrie ybHr'J 7f-; I could not say for what. -I got no more money for twelve months. During 1858 I , had, pther^ drafts bn the "Union Biarik in Dunedin. , /t. .got one from Mr. Thomas Robertson, and' brie from Mir. Calder. It was a cheque •I : got '<' from Mr. Calder. (After some hesitation), I got/no^ other drafts so far 'as :I recollect. Mr. Robertson's cheque was for £52. '"-AL- got no other/drafts for £30 but that I got from my sister. '"I" -paid, with . a draft for £30 on the Union Bank'.in :; Dunedin, Mj\ Calder £30. I don't know if this draft was got frominy sister. I.got no_ drafts for; £3.0,. but hhat I got from my sister. about thie £20 draft. The two drafts for £30 and £40 were not for twenty acres of land. (After some further -.cross-examiriation).; If I did- get ithe drafts, they were for my sister's keep, and 'for * the general expenses of ■ the house. , J.,, don't recollect reqeiving £10 froiri Mr.. Calder (also in Septeiriber, 1858) on account Of another draft. The acre of land I promised was to my mother. Mr: Buttori.— Was' it not for writing your love letters ? Witness;—- No ! nonsense. : . Cross-examination continued. — I never pro- . mised to give my sister twenty acres of land. * All l the time riiy sister hved with me, she did a little." ' ; She ! did a little .in the'dairy. My mother managed ..." the dairy. - Wheri* my sister and mother came, I had not muchj money lying " idle .", in Invercar-: gill, but I had some elsewhere. 'Von: Hammer '; has paid me the £82 I lent- him. He has paid me a little ofthe paddock ; money— about £30 co far as I- recollect. He has paid no bills for the building of the .house... I never pointed out the twenty acres bflarid to miy" sisters **'* ' \ William Stuart,;, solicitor, deposed — I have practised for Mr. M'Clymont for several years. I recollect when Von Hammer and Mr.. M'Clymojat called '■ at iriy office. -7 M'Clymont brought 'Voii ; Hammer with him, and wished me to draw up an agreement betweenithe parties, i. .:■' ] ', ',' ; The agreement was^that .Mr. Von Hammer was to be manager of tiicßose of Denmark ..Hotel at ... 3 y at a certain ; rate per week. I understood that so soon as Mr. M'Clymont was ; reimbursed in the outlays, Mr'. v Von Hamirie'r, or his" wife was to have the Hotel. ■ I drew up the agreement, but the parties never came to sign it/ .' I 'understood them i to say that the drawings ofthe Hotel were to be banked in Mr.. McClymont' s name^> I recollect it * f was settled that Mr. M'ClymoritjS'ria^^svas/to -be overthe ( door, with Mr. Von Han»ner!-3 : as , manager. ; This concluded the case y for the/ defence. . .. j Counsel on both'sidesthen addressed the Gpurt, , "afterwhich, ...//; Ji--\;jy' JHia Honor summed up, fully ehtering/'irito all circumstances of the case, .and explaining and j. commenting on the ; eviderice. .', AA . / r \ | The jury .theriy reined , o'clock. "The issues before them;Were,as follows,:— -' , jl. Did the defendant,! Gilbert M'Clymont, in the, -manner 'alleged in ; the plaintiff^ : declaration, enter .into the contiactiforrisale; to the- plaintiff, Jane Von Hammer, of/rthe parcel' of-, land mentioned and described in .the plaintiff 's declaration forthe sum Of £50;Pf_ ;':..-. - :^'i In. ' ir;J /. { 2. Has the plaintiff,-; . Jane Von ; Hammer,ipaid ■ jthe said Gilbert M'Clymp.iit, the said 'sum. of ;£SO, ;,in manner alleged.in plaintiff's ..declaration? " ! 3. Did the plaintiUs enter-into possession of the said parcel of land, .-and /h'avef, they, with the kriowledge and privity of— the defendant, Gilbert rM'Clymont, at their ibwn'gbst^ahd expense, erected ' [aibuddingtoritenement'thereon"?"^""^"^ l "'*^^^^ 1 4. Have,.theiplajmtiffis>bera in.;pqssesßlpsi ,M the said parceiof land since the month_of. June, - . 1863!? '"""" // _^ JyJ-yyy: ■■$ r I j s.'^ 'Has/ the/ plaintiff/ 7 'Jane: Von: Hammery done / ; all 'things :*bri ! her part to be dpnb; arid' A. iand -hath'-' 'she' 'requested the ;deferidant^G4Ber^ n .i! M'Glymoriti to 'cohveY'tb her 1 mi fee -simple. Jiho.^e said parcerof land;?-' q ; ;,_ ...... .- . rP ,yi£ ,- i 6i- Has/the" !^f6ndarit/: Gfibe^ \ [ fused to perform the said contract on his part, /and, to. convey 'the .Baid parcel oflandP hfi.i7zi'yty>fiX I s j 4^^ l^brng, lock'wljup for ;ab^ ' ! ijmy'corild-übti^ree" bri'.the 1 first^issu'e^ Honor, the^fudge^discha^gbd'^^them*.'' '^" ' '*" V y' J ■*. (It is not yet Jmown'-'wliether -4 new-^rial will cf>me ou for next^uarterly Sitti^sof^lte Supreme Qourfc, ; -J""'-'.'... '■".;*.