Page:The Green Bag (1889–1914), Volume 18.pdf/602

 SQUIRE ATTOM'S DECISIONS the power with the mule in said yard. Other testimony, in part, by him follows: "Ah knowed Misteh Snideh had to pay on dat day; an' Misteh Simson was theah befo', two, t'ree times, to buy. Ah was some 'la'med, an' had a dream, ..." The Court : " Had a what?" Witness: "Yeah, Boss, Ah had a dream, — sure, Boss. Ah c'n prove it by bof dese heah ge'men, — tol' it to 'em bof, de nex' mo'nin', one in de yah'd, an' one in de road. Bof knows it, sure, Boss. Ah dremp dat de stuff was goin' to be sol' to Misteh Simson ef Misteh Snideh didn' pay on dat day." Plaintiff's counsel objected, and defen dant, by counsel, maintained that, though the dream itself might be non compos mentis, yet it was a fact near enough to the res gesta, by reason of the witness's relations to the mule in question at least, to warrant its going in on suspicion. Then plaintiff in sisted that, if admitted, the dream should be introduced in toto, properly filed and marked as an exhibit in the case. Witness: "Den, in de same dream, Ah dremp dat Misteh Snideh had paid." The Court: "What did these men say when you told them your dream?" Witness: "Nothin", Boss, 'cept Misteh Simson said, 'Did you dream all dat in one night?' an' Misteh Snideh said, 'Tell me ven I got mo' time already, yit,' — jes' lack dat, Boss. Den I tol' Misteh Snideh, ' When yo' goin' pay meh fur breakin' XXXX Maud in de powah?' He said, 'How much?' an' Ah said, '$5.00.' Misteh Snideh, said, 'Mo' dan Maud is worf.' But Misteh Snideh was roun' wid a big roll wahntin' to pay up, but He boss wahn't nowheah roun.' Bimeby Misteh Simson cum roun' wid a big roll, too, wahntin' to buy, an' de boss cum, an' he did buy." Upon inquiry by the court the plaintiff admitted that he had agreed to pay the witness for breaking in the mule. The Court: "If that is all, you may step drwn, Mr. Smiff."

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Witness: "Don" yo' wahnt meh to toto de dream, Boss? Ah aint all in yit." Counsel for the plaintiff urged that the time of the court was only being wasted by making a serial story out of this dream. But the court ordered the witness to proceed. Witness : ' ' Ah had a nawful time wid dat mule, an' befo' Ah got him broke Ah named him 'XXXX Maud,' 'cause he was dat cross in ev'y four huffs Ah couldn't name him nothin' else. Neveh could fas'n no shoes on at fust tight 'nough to stay twill night. So Ah dremp in dis heah dream dat Ah tol' dese ge'men dat Misteh Snideh guv meh dat mule fur curin' him. When Misteh Simson was takin' de prop'ty away de nex' mo'nin' early, afteh Misteh Snideh was 'roun' tryin' to pay, he broke de main cog wheel — de geah — ob de powah." The Court: "Who broke it?" Witness: " Why, meh mule, Maud, kicked it. He's lackly to git nervous wid strahngehs, Boss." Offer by defendant to turn over the ma chine on payment of the purchase price. Plaintiff elected to take money judgment. Decree in accordance with the findings. FORENSICK JONES, Attorney for Plaintiff. BARNEY PATTEE, Attorney for Defendant. Opinion by ATTOM, J. P.: I. If the "Boss" of the wood yard had not negli gently, i.e. too early in the day, passed the river, well beyond the "middle of the main channel" thereof, with the defendant's money, and from whence the court is unable to learn, after three days' waiting, that he has returned, or intends to — by which cir cumstance the plaintiff would have been relieved by operation of law from the con structive notice impliedly charged to him by defendant, even if he could not claim to have used to his welfare the warning — this case, in equity, would have been decided in favor of his paying the costs without more as to the inanimate portion of the property in dis pute, under the rule that there is no equi table relief in favor of a bare legal title with an equity, as against an equally good equity