der the Massachusetts law,
the land may be levied upon as the property of the debtor,
notwithstanding the ostensible title is in another. The wife
contested the facts. But after the bringing of the suit,
the wife died, and the husband by her death became tenant
by the courtesy. Of course his title as tenant by the courtesy
was unaffected by the previous levy, and his wife's right
to contest the demand devolved upon him. The husband and
wife had both been made parties defendant to the suit under
the Massachusetts practice. It would not do to let the creditor
get judgment. Under the advice of Mr. Nelson, afterward
Judge, one of the most learned and careful lawyers, the defendant
pleaded a special non-tenure, and the case was reported to
the full bench of the Supreme Court, where Mr. Bacon was
employed for the plaintiff. The report inaccurately said
that the defendant filed a disclaimer. Mr. Bacon made a
very learned argument to show that upon the facts the disclaimer
could not be supported, and was going on swimmingly, under
full sail. Mr. Bacon said in his argument: "If he had pleaded
non-tenure, I admit, your Honors, he would have been pretty
well off." Whereupon Judge Hoar sent for the original papers,
and looking at them read the plea, and said: "Isn't that a
plea of non-tenure?" Mr. Bacon was obliged to admit that
it was. The Chief Justice said: "Well, then, the tenant
is in the condition which you describe as being pretty well
off, isn't he, Brother Bacon?" Bacon answered with an angry
and impatient "Humph." The Chief Justice said: "Are there
any other objections to the plea, Brother Bacon?" "More than
forty, your Honor," replied Bacon indignantly, "which I should
state to you at a proper time." The Chief Justice said that
that seemed to be the proper time. But Mr. Bacon sat down
in high dudgeon, without further remark.

He was the kindliest of men, both to man and beast. I once
was at a country tavern where Bacon and I were to dine. It
was about the time of the session of the Supreme Court. I
was sitting on the veranda of the hotel waiting for dinner
to be ready, in the summer afternoon. Mr. Bacon took a little
walk, and as he came along and was passing the porch, a puppy
ran after him, came up behind, and seized his pantaloons in
his teeth, making quite a rent in them. Bacon looked round
and saw the mischief, and shook his finger at the poor dog.
I am sure he had no idea that anybody of