Clements v. Western Lodge No. 91

This was a proceeding instituted by Western Lodge No. 91, Free and Accepted Masons, against the executors of Spencer Marsh, to establish a copy of an alleged lost deed which the plaintiff claimed had been made to the lodge by the defendants’ testator. The petition does not distinctly disclose that the plaintiff had ever been incorporated, but it is apparent from the record that it was dealt with by the court and by counsel on both sides as a corporation ; so we are left to assume that it was one, and accordingly shall treat it as such for the purposes of this discussion.

1. Presumably the…