564
THE GREEN BAG
location would have a bearing upon the question as to how the buckboard came into his possession if there was any question about that. Whether he be a perfumer or a glue maker is not a question demanding as evi dence the very strong judicial notice the court once, and only once, took of such loca tion when inspecting a piece of property in his neighborhood with view to buying, but never did. The carcasses being hauled to, and the bones in the immediate vicinity of, his place might be, the court will say, used either for glue, or possibly to work out a base product of the perfumer's art. But the court leans to the idea of dropping the subject. VI. A warrant will issue for the arrest of the said original owner. The costs of this case will be assessed against the plaintiff and defendant equitably, until a hearing can be had next term, which begins two weeks from to-day and continues till the holidays, and the fine determined on to be assessed against said original owner for disturbing the public peace by provoking this litiga tion; and when apprehended let him be held till the next term of this court. OPINION handed DOWN.
MAXIM IV Where there is Equal Equity, the Law must Prevail EDITOR'S NOTE : The above maxim seems all straight and nice, and may be applicable in any case where two or more equities are striving to be Master in Chancery, — so far as this note can be relied upon. Yet the special editor has been strongly tempted to apologize for the decision to follow, not having ever read of a case or been mixed up in one where anything occult or mysterious, like mind-reading, palmistry, astrology, have had consideration in equity. This is to say nothing of dreams — a more serious matter. And before he prepared the decision, after transcribing it from the
original notes, he consulted a friend who happens to have been attorney for one of the parties herein, and who loaned him his very much worn little volume on "The Place of the Judge's Nap in Jurisprudence." But there was little satisfaction to be gotten out of it. However, on account of space the apology will be postponed until some future time. A man recently declared that Attorn never had any equitable jurisdiction. He was referred with pleasure to the Decisions themselves as annotated. SCHNEIDER v. SIMSON Strong Appeal to the Court's Industry, from the Lethargy of Vacation. (Bare quorum presiding.) Equity of the case: Whether a party can be charged with constructive notice based on bare intuition, quarc, — yet licld, that in equity, whether the intuitive knowledge be either that of the party himself, or is injected into his brain by some other person — bor rowed — it may, under accommodating cir cumstances like estoppel, have the force of such notice. Where the question as between two or more equities is as to which party has the legal title, held, that the maxim, "where there is equal equity," etc., will be applied unless the party having the legal title is early wise thereto, and diligent enough to get his case into a law court, — otherwise, yes. STATEMENT OF THE CASE Action for conversion of horse-power, saw-rig, and a mule. Tried to the court. Plaintiff's receipt for part of the purchase money contained a proviso that the trans action be no sale, with forfeiture, if balance was not paid by a certain day, with privilege in grantor to use the property in his wood yard until further notice. Defendant pro duced one Early Ohio Smiff (colored), who stated his age as 102; had been operating
