"I cannot get these parties to come to an amicable settlement. You
may remember, from the two former actions, that it is for damages
on account of two geese of defendant having been found trespassing
on a few yards of a field belonging to the plaintiff. Defendant now
contends that he is entitled to common, _pour cause de vicinage_.
_Qu._--Can this be shown under Not Guilty, or must it be pleaded
specially?--About two years ago, by the way, a pig belonging to
plaintiff got into defendant's flower-garden, and did at least £3
worth of damage--Can this be in any way set off against the present
action? There is no hope of avoiding a third trial, as the parties
are now more exasperated against each other than ever, and the
expense (as at least fifteen witnesses will be called on each side)
will amount to upwards of £250. You had better retain Mr.
Cacklegander.
"_Re Lords Oldacre and De la Zouch._
"Are the deeds herein engrossed? As it is a matter of magnitude,
and the foundation of extensive and permanent family arrangements,
pray let the greatest care be taken to secure accuracy. Please take
special care of the stamps"----
Thus far had the worthy writer proceeded with his letter, when Waters
made his appearance, delivering to him the declaration in ejectment
which had been served upon old Jolter, and also the instructions
concerning it which had been given by Mr. Aubrey. After Mr. Parkinson
had asked particularly concerning Mr. Aubrey's health, and what had
brought him so suddenly to Yatton, he cast his eye hastily over the
"Declaration"--and at once and contemptuously came to the same
conclusion concerning it which had been arrived at by Waters and Mr.
Aubrey, viz. that it was another little arrow out of the quiver of the
litigious Mr. Tomkins. As soon as Waters had left, Mr. Parkinson thus
proceeded to conclude his letter:--
"_Doe dem. Titmouse_ v. _Roe_.
"I enclose you Declaration herein, served yesterday. No doubt it is
the disputed slip of waste land adjoining the cottage of old Jacob
Jolter, a tenant of Mr. Aubrey of Yatton, that is sought to be
recovered. I am quite sick of this petty annoyance, as also is Mr.
Aubrey, who is now down here. Please call on Messrs. Quirk, Gammon,
and Snap, of Saffron Hill, and settle the matter finally, on the
best terms you can; it being Mr. Aubrey's wish that old Jolter (who
is very feeble and timid) should suffer no inconvenience. I observe
a new lessor of the plaintiff, with a very singular name. I suppose
it is the name of some prior holder of the acre or two of property
at present held by Mr. Tomkins.
"Hoping soon to hear from you, (particularly about the
marriage-settlement,) I am,
Public-domain text, read in full here on John Shaqi.
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