When Mr. Tomlinson received notice of the fact that this long-settled
dispute was again to be revived, he was thrown into a fever of alarm
and indignation. The best counsel that could be employed was obtained,
and his right to the whole thousand acres vigorously maintained. After
a year of delays, occasioned by demurrers, allegations, and all sorts
of legal hinderances, made and provided for the vexation of clients,
the question came fairly before the court, where it was most ably
argued on both sides for some days. When the decision at length came,
it was adverse to Mr. Tomlinson.
An appeal was entered, and preparations made for a more vigorous
contest in a higher court. Here the matter remained for over a year,
when the decision of the first tribunal was confirmed.
Two years of litigation had made sad work with old Mr. Tomlinson; he
looked at least ten years older. The same signs of decay appeared in
every thing around him; his fields remained uncultivated, the fences
were broken down, and cattle strayed where once were acres of grain or
other rich products. Slaves and stock had been sold to meet the heavy
expenses to which this suit had subjected him, and every thing seemed
fast tending towards ruin. Once or twice during the period, Denton
again approached him on the subject of Edith, but the proud old
aristocrat threw him off even more impatiently than at first.
Edith, too, had changed during this time of trouble; she was rarely
seen abroad, and received but few visitors at home. No one saw her
smile, unless when her father was present; and then her manner was
cheerful, though subdued. It was clear that she was struggling against
her own feelings, in the effort to sustain his. Her father had extorted
from her a promise never to marry without his consent; this settled the
matter for the time between her and Denton, although both remained
faithful to each other; they had not met for over a year.
Meantime the cause was carried up still higher, where it remained for
two years longer, and then another adverse decision was made. Mr.
Tomlinson was in despair; what with court charges, counsel fees, and
loss from the diminished productions of his farm, he had sunk in the
last four years over fifteen thousand dollars, a portion of which had
been raised by mortgage on that part of his estate to which he had an
undisputed title, almost equal to the full value of the land.
To the Supreme Court the matter came at last
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