A recent post hinted that a notary cannot, or ought not, be her own customer. Interesting thought. It suddenly reminds me of a question that I pondered the other day regarding the exciting adventures of my Vermont ancestors: Can an auctioneer bid at his or her own auction? OK, not really the same question, but both are legal loops of a sort, or circular transactions. Long-way around for the following poser: Deacon Joseph Berry (hereinafter "Deacon Berry") died at Guildhall, Essex Co., Vermont about 1812 or 1813. (Wrong list, WINDSO ain't ESSEX, I know, but the Essex list is, let us say, a very peaceful list, not given to action, and the events came home to roost at Windsor Co. later.). Anyway, Joseph Berry, probably Deacon Berry's son (thus Joseph Jr.), was the executor of the estate. Deacon Berry's probate dragged on forever. Two years after it started, his widow got all of $50 in beds and bedding, while the estate was declared bankrupt (debts exceeded assets). I suppose she set up the beds and bedding in a public park somewhere, because she was on her own otherwise. Afterwards, she seems to have married Rowland Powell 5th, formerly of Hartford, VT but since moved to Richford, VT. And the probate dragged on and on. Joseph Berry got a quitclaim deed from Mrs. Powell (presumably the widow Berry), then got the court's permission to sell Deacon Berry's land the following May 27, 1819. I assume that Joseph Berry would sell Deacon Berry's land at auction, and that Joseph would be the auctioneer, and that the proceeds would be used to pay off the Deacon's creditors. ONE DAY BEFORE the court-authorized date, on May 26, 1819, Joseph Berry sold Deacon Berry's land to some guy in New Hampshire for $500, and the same day the New Hampshire guy sold the land back to Joseph Berry again also for $500. Now, am I justified in assuming that Joseph did this little trick because he couldn't bid at his own auction? Was it a no-no for auctioneers to bid on the items they were asking for bids on? (Kinda like Wendy not being able to notarize her own affidavit.) Further, would I be out of line if I accused Joseph of selling/buying the land one day ahead of the court- ordered sale date so as to have few or no competing bids? Was Joseph Berry pulling a double fast one? Or is my predisposition for wild yarns running away with me? The land was being sold, I gather, to pay the debts of the estate, and I think Joseph would otherwise inherit that land. Why couldn't Joseph just pay the debts and take the land? (No, it is not stated how big the debts were, so I don't know if the estate's debts exceeded the $500 presumably handed over to the probate court after the sale.) If this was a fast one, wouldn't someone notice it in the deeds book? Wouldn't the town clerk do more than just wink? Or, is there another explanation for the whole thing? It is to be noted that it appears that the widow Mrs. Deacon Berry married Luther Powell's (of Pomfret) brother, that Luther Powell was allied with William Powers (of Hartford and Pomfret at various times) against a lawsuit brought by the Johnsons led by lawyer Fairchild, that lawyer Fairchild built his house on Deacon Berry's land at some unknown time, and that a few years later (after the 1819 double sale) there was a mysterious struggle among the Powells over the land under the opposing lawyer Fairchild's house suggesting attempts at levering up an unfair advantage in court. So, there were plenty of seemingly shady doings going on, whirling about all this stuff. But that's for later. Can any experts on the fast-and-loose out there tell if the May 26, 1819 double-and-a-day-early sale really was a Berry fast one? Or am I just a romantic? Lester Powers ________________________________________________________________ GET INTERNET ACCESS FROM JUNO! Juno offers FREE or PREMIUM Internet access for less! Join Juno today! For your FREE software, visit: http://dl.www.juno.com/get/web/.