The Hartford Herald, 1875-12-01

acts of his sister in taking possession. of. and conveying away the estate; but as; he was anon-compos during the whole of his long life, the statute of limita? tions did not begin tojrun against him, and his heir ih tail, namely, John Rogers, the oldest rson of his then L ceased brother, John, was alloWetl by Mass. Gen. St, c. 154, 5, ten years after his1 'uncle 'Peter's death within which to bring his action. As these ten years did not ;expire runtil 1864, this action brought in "1863, was sea seasonably - sonably seasonably 'commenced; arid it w'asrprose w'asrprose-cuted - cuted w'asrprose-cuted wjth-EUccess, judgment,in his fa favor - vor favor having been recovered ' by' John Rogers"iri 1865. The case of Rogers vs Jones was naturally a subject of remark among the legal profession; and it happened to occur to one of the younger mem members - bers members of that profession that-it would be well to iniprovo'spme of his idle mo moments - ments moments by studying up the facts of this case in the Suffolk "registries of deeds and of probate. Curiosity prompted this gentleman to!.cx'tend his investi investigation - gation investigation beyond the facts directly in involved - volved involved in thoj case, and to trace the title of Mr. John Buttolph back to an earlier date. .He found that Mr. But But-tolph - tolph But-tolph had purchased! the es tate in 1730, of one Hosea Johnson, to whom it had been conveyed in 1,710 by Benjamin Parsons." The deed from' Parsons to Johnson, however, conveyed the land toiJohnsbn, simply without any men mention - tion mention of his "heirs;" and the young lawyer, having recently read the case of Buffum vs. Hutchinson, 1 Allen, 58, perceived that Johnson took under this deed only a life estate in the grant granted - ed granted premises, and tliat at his death the premises reverted to Parsons or t(T his )ieirs. The young lawyer, being of enterprising spirit, thought it would be well to follow out the investigation suggested by hi3 discovery.- -He found, to his surprise, that Hosea Johnson did not die until 1786, the estate having, iu fact, been purchased by him for a residence when he was twenty-one years of age and about to be married. He had lived, upon it for twenty years, but hadthen moved his residence to another part of the city, and,, sold Bib estate, as wo have seen, to Mr. But tolph. When Mr. Johnson died, in 1786, -at the age of ninety-seven, it chanced that the sole party entitled to the reversion, as heir of Benjamin Parsons was"a young .woman, a; grand daughter, aged eighteen, and just mar married. - ried. married. The young lady and her hus band lived, as sometimes happens, to celebrate their diamond wedding iu 1861, but died during that year. As she had been under the legal disability of coverture from the time when her right of entry upon tho estate as heir of Benjamin Parsons, first accrued, at the termination of Johnson's, life es estate, - tate, estate, the provision of the statute of limitations, before cited, gave her heirs ten years after her death, within which to bring their action, These heirs proved to be three or four people of small means, residing in remote parts of the United States. What arrange ments the young lawyer made with these parties and also with Mr. John Smith, a speculating moneyed man of Boston, who was supposed to have fur furnished - nished furnished certain necessary funds, he was wise enough to keep carefully to him self. Suffice it to say, that in 1869 an action was brought by the heirs of Benjamin Parsons to recover from Rogers, the land which he had just re recovered - covered recovered from William and Arther Jones. In this action the plaintiffs were successful, and thoy-had no sooner, been put in formal possession '-of the estate than they conveyed it, now worth a couple of hundred thousand dollars, to the aforesaid Mr. John Smith, who was popularly supposed to have obtained in this case, as ho' usual usually - ly usually did in all financial operations iu which he was concerned, the lion's share of tho plunder. The Parsons, heirs probably realized very little from the results of the suit; but the young lawyer obtained sufficient to establish him as a brilliant speculator in subur suburban - ban suburban lands, second mortgages and pat patent - ent patent rights". Mr. Smith had been but a short time in possession of his new estate when the great fire of November, 1872, swept over it. lie was, howev er, a most energetic citizen, and the ruins wcre'not cold before he was at work rebuilding, llv bought an ad joining lot, in order to incrcise the size of his estate, the whole of which was soon covered with an elegant, .block,

for this: "In this sky there lives a a-bank - bank a-bank officer- who has a favorite dog; of great intelligence; orlS that has been his constant companion for year?,' and has intelligently watched his master's way3 all the while. The dog happened on one occasion; to- be In the-countings-room of another bank about the hour of closing, and discovered the teller counting out 7ns. funds, watejied the operation intently.jnntil the, pileof hills, had been completed, and the estimates were being made; The figures" arid the count did not tally, and the teller turned to his desk to- makd some fur-, ther.searphjfor funds; .tfhen,.tho dog lifted himself quietly up to the level of the desk, took the entire pile of bilk In his month, and walked deliber deliberately - ately deliberately and quietly away. The teller finished his search, turned to recount thefundsiwhenlo! there was'' none to be found. What' had become 'of it? The wicket in front was closed, anI there was, no human being; near.. Startled, ho .turned just in time to see the dog pass out of the door, and to liis amazement' had ihei wad of green backs in hij mouth. His canine dig nity seemed to be to no part of a hurl ry, for neither bank officers nor bank dogs' CVer- so' forgot that oJiwa cum ilit- nttale, wHch'is- one 'of thd.inheretants of that vocation, a3 to cet iu a hurrv: but fallmg Into the slow dignified step required when following his nias- terhe made direct for his own bank". swlie're he. walked, in and' deposited his gams in mo vomer, .ojumejuoor ot the ;vault. Nor did' he yield willirigly to its surrender"' to its owner, until the superior moral perception and' moral suasion of his master had been evoked. Was this instinct, or was it reason,-or. was it both?"' ' : Moosy'' SPrcaching or NnnUcy's SiHSiiijr. , Uew'l'otk Jinn There is a dispute., as to whether Moody's preaching' or Sankeys singing; has had" thp more; powerful lnnurace in .tlio Brooklynf.reyival. The juin juin-strel - strel juin-strel has often brought, the audience to tears, and so has the preacher. " It seems! as though the'cantfcles of loyc arid woe" had often" 'thrUled'the souls' of the hearer when-, the. appeals of .the. exhorte'r proved, ineffectual. Multi Multitudes - tudes Multitudes have gone to eiijoi the songs ot Sankey Tvho "would ;fiever gone to lis listen, - ten, listen, to the sermons, of Moody. It- is very likely that; if Moody had carried on operations by' himself there would have, been no such interest in the re revival, - vival, revival, as had been exhibited. No doubt there has been preposterous ex, aggeration in the praise of Sankey's singing by people who know little about music or singers. But still his solo singing has been superior to that of the solo singers in most of the churches, and he occasionally resort to rather striking vocal artifices that are uncommon in church singing. Moody and Sankey work well togeth er; they supplement each other; thero is a thorough understanding between them; and, though we could not de decide - cide decide which of them has had more to do with the revival we would not say that Saukey had the less to do with it. A Transatlantic Pigeon I'ost. Experiments are now in progress in England, in training a variety of car rier pigeon indigenous to Iceland, the object being to establish if possible, a pigeon transatlantic, mail between the United States and England, Thebird is of great docility, intelligence, and spirit, and is naturally oceanhoming. Its speed is over 150 niile per hour, and it is said to be able to return to its habitation from any part of the world. A pair of' these pigeons recently carried dispatches from.raris to a lone spot in a wild and rocky part of Kent, within ten miles of London, in oue and a half hours. Should tho present efforts to educate the birds prove successful, next summer will find an almost daily occau mail in practical operation, as it is bejioved that the flight from .con .continent - tinent .continent to continent can easily lie ac- compnsnwi between, sunrise in one hemisphere and sunset in the other. An Irishmau, on arriving in this country, took a, fancy to a Yankee girl and wrote to his wife. "I)ear Norah, these melancholy liucs are to inform you that I died yesterday, anil hope you are enjoying the same bles sing. I recommend you to marry Jerry O'Rourke and take care of the chiltler. From your affectionate hus- baml till death'

sioi i niori .--j, Vi'T. ,T . vr therefrom of an ample lhcbtnti Which will enable him to pass the remainder of his days in comfort, if not in luxury. But though Mr. Ingalls is content with the final result of the- history of his title, those lawyers who are known as "conveyancers" are by no- means hap, py when they contemplate that histo histo-ry, - ry, histo-ry, for it has tended to impress them hoillhofpidb fothe ground upon whicTi they"aro accustomed to tread, and how extensive is the knowledge and how great the care required of all who travel over it; and how they are more disputed than ever, when, as so often happens, they are requested to "just step over" to tho registry and "look down" a title, and are informed that the title is a. very simple one and will onlyr take a few minutes, and Boat So-and-so, .Va very "careful man," did it inthks than half an hour, last year, and found it all right, and that Iris T5hargowrw-five--dollai umc inpuniieiiitjagi uicsm jib KrtntortlinuryflVuTalDlNpIay aud'otber Xauve cstivAiesT"" New York, November 10. The graphic synopsis' 6f tho letter T-cceivca in London fror in ijonuon irom Stanley, ile says Jjivingstbne was wronr -if. HI EST " ki Vc: --ivnin'r ,1 irii fiOTWiitt rW.' I Victoria Nyanza 13 one. lake, but Spoke's two islands are lpemnsu3! The river Shineey is the principal feed. eroftho lake. Nile yet discovered. Stanley had several conflicts with slave-dealers on the lake. On one oc occasion - casion occasion he was attacked by 100 natives, armed with spears, in thirteen canoes, who were repulsed with a severe fight. Three natives were killed. He arrived af Utcsa'shunting-camp, "MsauraApnt-H wheheing!-- rected extraordinary festivities and dis displays. - plays. displays. One feat was a naval review on the lake of eighty-four canoes, manned by 2,500 men. On the second day, in addition to naval maneuvers, there were races, in which eighty-four canoes were engaged, each propelled by thirty oarsmen, the King leading tie-fleet personally, -in 'tlie presence of a great crowu oi on-iooners, lnciuaun; the-three!hundred wives of the King.( Orfthe third daytnere -w'as'birdooF-- ing and target practice by three thou thousand - sand thousand troops, and on tho Jourth day. ho reiurned to Utesa's capital. This King has two million subjects, is aMussul aMussul-mant, - mant, aMussul-mant, has great intelligence, and his dominion affords the best1 augury for the possible civilization of Africa. Kentucky in Danger. "" . Indianapolis Sentinel. The cheering intelligence -comes, to hand that the noble youth of our city have .risen up in theirxutraged dignity, and arc determined to preserve the honor of the, Commonwealth' and resist the avaricious encroachments of Ken Kentucky - tucky Kentucky on our soil.- Green River Island will be vindicated, cost what it'may.' Tho" pupils, of. the High Schools, fifty in limnbir.'havc1 organized themselves into a military company, without any solicitation from the -State, authorities and are prepared to receive sealed pro posed forwar fronr Kentucky or any other sea-port town. Professor Emc Emc-rich, - rich, Emc-rich, who served with distinction in the Prussian army, will conduct the drill aud teach them how todrill augur holes in the dark and bloody soil. In order to make things consist the noble re recruits - cruits recruits will soon send in bills to their patents and guardians for uniforms, un less the State, properly appreciating" inc proiccuonaiiori.'cu uy a sianunip army, should come forward and make a proper appropriation for the bellig belligerent - erent belligerent raiment. Guns will be furnished from the arsenal, and the malicious re report - port report that the hammers will be previous previously - ly previously taken oil" should be discredited by a grateful public. Let the good work go on, and the warlike contagion spread tilUlie tootof the festive fife and tb ruD-a-auD or-tucTiciicious arum siiai be heard a train in the land. Just at tne proper moment, .wueiutne conten tion among the State Guards over the 'fee of one" dollar threatens to leavo our flank exposed to the cnemy,thcsc nobI3 youth", with the fire of liberty iu their eyes and 'the Tose" of heaven on tlieir ch.eeks, come Jprward to defendour firesides from the insurgent hordes of Kentuckv.- -Confidence k-retnretl.' 4A - CVJ Of

A L.AW KOM.VXCE. Tlio Crtrlons History or a Boston ' Title to Real Estate American Law Review. Of thalocality of the parcel of real estate, the history of the title of which It ia proposed to relate, it may be suffi sufficient - cient sufficient to say that it lies in Boston, with within - in within thelimits of the territory ravished by the great fireof November 8 and9,1872. In I860 this parcel of laudwas in the undisturbed possession of Mr. William Ingalls" who referred his title to it to the will of his father, Sir. Thomas In Ingalls, - galls, Ingalls, w,ho died in 1830. Mr. Ingalls, the eldcr.'had been a very wealthy citi citizen - zen citizen of Boston, and wnen ho made his will,' a fpy years before his death, he owned this one tparcel of real estate, worth about 50,000 and possessed in addition personal "property to the amount' of between' 8200,000 and $300,0,00 By his wulbe specifically devised, tKis parcel of land to his wife for life, and upon her death to Ms ouly child, the William Ingalls before mentioned,-, iri fee, to whom, after directing his executor to pay two nephews, Wil William - liam William and Arthur Joues.the sum. of $25,- 000 caeX he gave also the large resi resi-due?ofhis - due?ofhis resi-due?ofhis property. Aftertbe date of the Trill, however, Mr. Thomas Ingalls engaged in tome unfortunate specula speculations,' - tions,' speculations,' aridvupon the settlement of his cs cs-tatethe - tatethe cs-tatethe personal .property proved to be barely'BUnicienfor the payment of his debts, and the nephews jjpt no portion of their legacies. Theteal estate, how however, - ever, however, afforded to the widow a comforta comfortable - ble comfortable income, whiclr enabled her during her life to support herself in a respect able manner. Upon her death, in 1845. the Bon entered into possession of the real estate, which had gradually in in-creased - creased in-creased in value; and he had been en enjoying - joying enjoying for fifteen years a handsome in income - come income derived therefrom when he was one day surprised to hear that the two cousins, whom his father had benevo benevolently - lently benevolently remembered in his will, had ad advanced - vanced advanced a claim that this real estate should be sold by his father's executor, and the proceeds applied to the pay payment - ment payment of their legacies. This claim.no w made thirty yeara after the death of his father, was of course a great surprise to Mr Ingalls. He had entertained the popular idea that twenty years' pos session effectually cut off all claims. Here, however were parties, after thirty years' undisputed possession by his mother and himself, setting up in 1860 a claim arising out of the will of his father, that will having been proved in 1830. NorMiad Mr. Ingalls ever dreamed that the legacies givn to his cousins could in .any way have prece precedence - dence precedence overthe specific devise of the parcel of real estate to himself. It was, as a matter of common sense, so clear that hisiatherhaJ iptendedby his will first to provide for'his wife and son, and then to makca generous gift out of the residue ofdHs'estate to his nephews, that during the thirty years that had tip psectasmce Tits death it had never occurred to 'to any one to suggest any othcr.dispd.of4hejropcrty than that which had -actually been made. Upon consulting with counsel, however, Mr. Ingalls learned that although the time -rithin which most actions might be wrought was limited to a specified num ber of years, there was no such limita lion affecting the bringing of an action f 4 recover a legacy. See Mass. Gener- al -Statutes, chapter 97, section 22; Kent vs. Dunham, 106 Mass., 586 ASH; Brooks vs.Lynde, 7' Al!en,G,4GG, He also learned that as Jris father's will j,:tve him, after his mother's death, the wine estate that he would have taken by inheritance had there been no will, thCjlaw looked upon the devise to him rj" void, and deemed him to have taken I ic estate by descent. What he had ynjvHl to Ik a specific device of the

amount of their legacies, and Mr. In Ingalls - galls Ingalls instituted a system of economy in his domestic expenses, and pondered much on the uncertainty of the law and the mutability of human affairs By one of those curious coincidences. which so often occur, Messrs.. William and Arthur. Jones had scarcely begun to enjoy the increasedsupply of pocket money afforded, them by the rents of their newly acquired property, when each received one morning, a summons to appear before the justices of the Su Superior - perior Superior Court? "to answer unto Johu Rogers a.writ of entry," the premises described in the writ being their newly acquired estate. The Messrs. Jones were at first rather startled'by this unexpected proceeding; butas-they had, when they received their deed from Mr. Ingalls' executor, taken the precaution to have the title to their estate examined by, a convey ancer, who had reported that he had carried his examination as far back as the beginning of the century and ,had found the title perfectly clear and cor rect, they took courage, arid waited for further developments. It was not long, however, before the facts upon which the writ of entry had been founded were made known. It appeared that for some time prior to 1750 the-estate had belonged to one John Buttolph, who died in that year, leaving a will iri which he devised the estate "to my' brother Thomas, and, if he shall die without issue, then I give the same to my brother William." Thomas JJut JJut-tolph - tolph JJut-tolph had held the estate until 1775, when he died leavingan only daughter, Mary, at that time the wife of Timothy Rogers. Mrs Rogers held the estate until 1790, when she died, leaving two sons and a daughter. This estate she devised to her daughter, who subse subsequently, - quently, subsequently, in 1800, conveyed it to Mr. Thomas Ingalls before mentioned. Peter Rogers, the oldest son of Mrs. Rogers was a non compos, but lived until the year 1854, when he died at the age of 75. Ho left no children, having never married. John Rogers, the demandant in the writ of entry, was the oldest son of Jdm Rogers, the second son of Mrs. Mary Rogers, and the 4jasis of the title set up by him was substantially as follows: He claimed that under the decision in Hayward vs. Howe,12 Gray,49,the will of John But tolph had given to Thomas Buttolph an estate tail, tbe law constructing the intention of the testator to have been that the estate should belong to Thos. Buttolph, and to his issue as long as such issue should exist, but that upon the failure of such issue, whenever such failure might occur, whether at the death of Thomas or at any subsequent time, the estate should go to William Buttolph. It had also been decided in Corbin vs. Healy, 29 Pick., 514, 516, that an estate tail docs not descend in Massachusetts, like other real es estate, - tate, estate, to all the children of the deceased owner, in equal shares; but, according to the old English rule, exclusive to the oldest son, if- an, and to 'the daughters only iu default of. any son; and it had been further decided; in t i Hall vs. Priest, 6 Gray, 18, 24 that an estate tail cannot be devised or in any way affected by the will of a ten ant in .tail. Mr. John Rogers claimed that the estate tail given by the will of John Buttolph to Thomas Buttolph had descended at the death of Thomas to his only child, Mary Rogers; that at her death, instead of passing, as had been supposed at the time, by virtue ofhcrwjll, to her daughter, that will had been wholy without effect upon the estate, which had, in fact, descend d to her oldest on, Peter Rogers.

curred so recently- that the right to en enforce - force enforce WorMturowas J6t" fiajrVed byj th statute, and could not be deemed to havobeenj waived byfafiyjieglect or fj delay; and that consequently, under the decision in Gray vs. Blanchard, 8 Pick., 284, a forfeiture of the estate or breach of this condition could now be enforced if the true parties entitled by descent and by residuary devises under the original "Eugle" or "En "Englcs" - glcs" "Englcs" could only be found. It occur occurred - red occurred to Mr. Ingalls, however, that this name "Engles" bore a certain similar similarity - ity similarity in sound,to4hat of his pwn;,and,as,. he had heard that during the- early :---i.-V.t.-. -t- 4 years uiier inu settlement ui mis coun country - try country great changes in the spelling of names had been brought about, he in instituted - stituted instituted an inquiry into his own gene alogy, the result -of which was, in brief, that he found he could prove himself to be the identical person en entitled, - titled, entitled, as heir of Madid Engle, to enforce, for breach of the condition in the old deed' of 1650,- the forfeiture of the estate now in the possession of John Stnith vnr 1 When Mr. Smith heard :bf these l: . A facts he felt that a retributive Nemesis was pursuing him. He lost the usual pluck-and bull dog-determination with which he had been accustomed to fight at the law all claims against him whether just or unjust. He consulted the spirits,, and, they rapt out Uic an swer that lie must make theies't set' set'-tlenient - tlenient set'-tlenient he could with Mr. Ingalls, or he would infallibly lose all his fine es tate not only that part, which Mr. Ingalls had originally" held, and which ho had obtained for almost nothing from-the-heir of-Bcnjamih Patsons, , but also the adjoining parcel, for which he paid, its, full value, together with the elegant buildings which he had erected at a cost exceeding the whole value of the land. Mr. Smith believed in the spirits; they had made a lucky guess in answering an inquiry from him; he was getting old; he had worked like a steam-engine during a long and busy life, but now lib health and digestion were giving out; aud when the news of Mr. Ingsdls' claim reached his cars, he became, in a word, demoralized. He instructed his law lawyer - yer lawyer to make the best settlement of the matter that he could, and a settlement was soon effected by which the whole of Smith's parcel of land in the burnt district was convcyedto Mr. Ingalls,' wno gave dock to -ur, omun a mort mortgage - gage mortgage for the whole amount which the latter had expended in the erection of his buildni'r, together with which he had paid for the parcel added by him to the ormmal lot. Mr. Smith not liking to have anything to remind him of his unfortunate speculation, soon sold and assigned his mortgage to tin MassKchussctts Hospital and" Life In;

ment as a clerk or salesman ih some pf our leading houses. Complaining of his ill-luck, one of his friends, who ' knew he had mechanical talent, but doubtful whether he could make h'iinV self useful either as a clerk or salesman,' put the question to him, which wo" have placed at the head of this artlcle. artlcle.-The - The artlcle.-The reply was, that a trade was not, so' respectable as a mercantile occupation Under this delusive idea, our-stores-are crowded with.young men who have no capacity f r business, and- who",' hd-' cause of the fancied respectability of doing nothing, waste away their pr. nority upon salaries which cannot pos possibly - sibly possibly liquidate their expenditures. ' Late, too late iu life, ,they discover their error, and before they reach the nge of thirty, many of them loo wfth envy upon the thrifty mechanic whom iu the days q their , boyhood, thov were accustomed to deriiie. The false views of rcspectibility which' pre prevails - vails prevails in the fashionable society of the present day, have ruined thqusands'oif young men. ( and willriun thousand's more. Kmbichj Advocate " . . . The large man iu.the-black.'lwt who goes into offices and asks ,furia cncil and slip of paper to write ajfewvword.-, and then carries off tho pencjl he will never.go to heaven. ! EIishaPhlIipps,'or New England; after twenty years' service hi' 'tkirpen 'tkirpen-itentiary, - itentiary, 'tkirpen-itentiary, has dug. up thehioh'eyhr? stole from the bank, and"' will1 begin' life anew, as it were. jf: Khodo Island has, about twSithou? twSithou?-aud - aud twSithou?-aud more scholars, ioj, bcrSabbatji bcrSabbatji-schools - schools bcrSabbatji-schools than she -; has. . ;childreu of, tj ecljoplnge. ' . Jr,ih . .)-... 14

Tucctr Fnitufui 'AYiTe. , IStir rorfc Leife?."""? ''' , They were married when tho' man- was a chalr-maker.and" they' might have - bad a r happy1 career' had the former re- mairied honest.' They livetl id a'plairr' mariner;- mingled; with mechanics ciety, arid wore tho pareat3tf twoboy 1 A 11 11 1 ' ' - 1-T . suju iwugiris, gooa looxmgana neauHyj-children.- The' era 'of- meietricwwll splendor has come and tgemsilik&t 1 dreamt Tho"-girls: arc raarrietL Each' had diamond wedding, and' eacfe has 1 sunk in"obscurity and poverty. The i two sons r once held- fine 'appdintmsBts'? ih the service of the Ring, ibut'tbey' are 'now only lounging aroundcthe:Cty'" Hall: The mother is in widow's "desoM lation. The iH-gottov-woftltk hi almost1 - all -gone. A million and a half has passed into the hands of her lawyer?, and her husband is still ' a prisoner. A seedy' and' corpulent oldniarViu-. habiting a" pair- of rooms in Ludlowi Street jail, is all- that is left" of he whohas been Alderman, Congressman Chair-maker and lawyer1, ComHisskri- er of Parks, Public Buildings arid-1'-pocks, 'State 'Senator, ' and" for' 'seven years the autocrat of this city.';' The only redeeming feature is the faithful"4 wife, who is reducing herself to povcr-"1 ty in hope of Obtaining her husband's'' release. 1 - ' ' ' r-- . Why Don't Yon Learn a Tirade.; This question was pronounced in Vour , neanng, a lew minutes, since, to young man who had been forsev'era months unsuccessfully seeking employ