Concerning the aforesaid disputed estate, presently in the possession of Lieutenant of the Guards Dubrovsky, Andrei Gavrilovich, consisting of the village of Kistenevka, with * * * souls of the male sex according to the recent…census, with land and appurtenances, the case makes it clear that General-en-chef Troekurov, Kirila Petrovich, has presented the original deed of purchase by his late father, a provincial secretary, later a collegiate assessor, in the year 17––, from the chancery clerk Fadei Spitsyn, gentleman, and moreover this purchaser, Troekurov, as is clear from an addendum to the said deed, was put in possession of it by the * * * district court, which estate was already in his seizin, and though counter to that a power of attorney was presented on the part of Lieutenant of the Guards Andrei Dubrovsky, granted by the deceased purchaser Troekurov to the titular councilor Sobolev for carrying out the purchase in the name of his, Dubrovsky’s, father, in such transactions not only the maintaining of a deed to real estate, but even temporary possession is prohibited by decree of…, since with the death of the grantor, the power of attorney is rendered completely null and void. Moreover, Dubrovsky for his part has presented no clear evidence of where and when the above-mentioned disputed estate was actually purchased by his power of attorney from the start of proceedings, that is in the year 18––, until the present time. And therefore this court decides: to confirm that the above-mentioned estate, * * * souls, with land and appurtenances, in the condition in which it now finds itself, belongs, in accordance with the deed of purchase presented, to General-en-chef Troekurov; to remove Lieutenant of the Guards Dubrovsky from disposal of it, and to put Mr. Troekurov in proper possession of it, and to require the * * * court to issue a seizin for it as coming to him by inheritance. Moreover, General-en-chef Troekurov also petitions for the recovery from Lieutenant of the Guards Dubrovsky of the profits appropriated by him through the unlawful possession of his inherited estate. But since the said estate, according to the testimony of the old people, had been in the uncontested possession of Messrs Dubrovsky for some years, and the present investigation has not discovered any previous petitions on the part of Mr. Troekurov of such wrongful possession of the said estate by the Dubrovskys, according to the code—
it is ordered, that if someone sows on another’s land, or fences it in and builds on it, and a complaint about wrongful seizure is made, and the truth is found out, then the rightful owner should be given back the land, with the crops, and the fence, and the buildings—
and therefore General-en-chefTroekurov is refused in his claim against Lieutenant of the Guards Dubrovsky, for the estate belonging to him is returned to his possession, with nothing removed from it. But if on entering it he should find that all is not where it should be, General-en-chef Troekurov has leave meanwhile, if he should have clear and legal proof of such a claim, to petition separately in the proper place. Which decision is announced in advance, on a legal basis, by appellate procedure, to the plaintiff as well as to the defendant, who will be summoned to this court for hearing of the decision and signing their accord or disaccord through the police.
Which decision is signed by all those present at the court.
The secretary fell silent, the assessor rose and, with a low bow, turned to Troekurov, inviting him to sign the proffered document, and the triumphant Troekurov, taking the pen from him, signed under the court’s
The secretary repeated his invitation to sign his full and complete accord or his outright disaccord, if contrary to expectation he felt in all conscience that his cause was just, and intended within the time prescribed by law to make an appeal to the proper quarters. Dubrovsky was silent…Suddenly he raised his head, his eyes flashed, he stamped his foot, shoved the secretary away with such force that the man fell down, and, seizing the ink bottle, flung it at the assessor. Everybody was horrified.
“What! You don’t respect the church of God! Away, heathenish tribe!” Then, turning to Kirila Petrovich: “It’s unheard of, Your Excellency,” he went on, “hunters bringing dogs into the church of God! Dogs running all over the church! Just you wait, I’ll teach you…”
Hearing the noise, the guards rushed in and with difficulty overpowered him. He was taken out and seated in the sledge. Troekurov came out after him, accompanied by the whole court. Dubrovsky’s sudden madness had a strong effect on his imagination and poisoned his triumph.
