The Providence news. (Providence [R.I.]) 1891-1906, 1894-10-18
HEARD IN COURT.
A Complicated Case Argued Before
the Appellate Judges.

A complicated case relating to the title
of certain real estate and besring the title
of "John III. Bradford ct al. vs.. David II.
King, Jr., ct al" Is being argued before
the appellate division OF the
Supreme Court today on demur-
rer OF the defendant to the
bill. 1t appears in argument that Samuel
his Newport estate to Alfred Smith for
$4,000. In 1868 he conveyed TO A. w.
Austin in trust his entire estate, sub
ject to the terms of the Smith
mortgage. BY the terms of this
trust all of Bradford's debts were
to be paid after which the income of this
property was to go to himself and wife
during their lifetime after which the
property was TO be divided among Brad
ford's legal heirs. Alfred Smith assigned
the mortgage to A. w. Austin and p.
w. Turney who were executors
5. d. Bradford, sr., father
of 5. ID. Bradford, Jr. Austin and Turney
subsequently died, and in April, 1888, the
nonresident executors OF Austin and
Turney, assigned the Smith mortgage to
IL. w. Suter of Boston, who sold the
complainant, j. ii. Bradford, conveyed
the estate to w. Hayes, who
mortgaged IL back nominally for $4,000 to
the complsinants as trustees, under the
will of 3. ID. Bradford, Sr., and then con-
veyed the equity back to j. Ii.
however, Was paid upon any of
these assignments and conveyances
since the original assignment from Smith
TO Austin and Turney. In 1893 j. III. Brad
ford and the defendant entered into
contract OF sale of the estate for $4,000.
in execution OF this the complain
ants claim they have rendered
the King Bradford deed of
the estate with conformatory deeds
from the widow and children OF ID. $.
Bradford, Jr., now deceased, together with
an assignment TO him OF the Hayes mort
gIge and debt, and they file the bill to
compel him TO accept the title made
by these deeds in specific perform
ance OF his contract of purchase, or
pray foreclosure by sale under the decree
Of tho original Smith MORTGAGE. The
plaintiffs claim that they have good
marketable title OF the estate without the
aid of court. The defendants deny the
validity OF this title.
The suit of James A. Fay, ct al, against
James IL. Feeley, ct al, was heard on the
the motion Of the defendant for a new
trial on the ground that verdict setting
aside the will of James A. Stewart in re-
spect 10 one of its clauses was against the
evidence.
The appellate division today handed
down a rescript reiterating their opinion
in the case OF Caroline NJ. Anthony ct al.
VS.. City of Providence, and refusing the
petitioners motion for resrgument of
their petition for new trial.
CRIMINAL MATTERS.
In the case OF the State against Achille
Gusti, which began yesterday before Mr..
Justice Wilbur. the jury after n short de-
liberation brought in a verdict of
not guilty. Gusti was charged
with entering the store OF George
Del Pappa i'm Moonsocket aud
fence was that the prisoner aud the COM
plainant had always been OIL friendly
Terms, and Gusti took the money
with no fslopious intent, but
as the result OF an understanding be-
tween Del Papa and the defendant
whereby each was at liberty TO go TO
the others money Till whom 1t was deemed
necessary by eitaer party. GeorgeJ West
conducted the defence.
Henry Larvey, ind cted for assault with
a dangerous weapon upon seth Nsidron
in Johnston, retracted his former plea OF
not guilty and pleaded nolo conteudere.
Sentence was deferred and the defendant
allowed 10 90, having furnished surety.
James Hazard persisted in his plea OF
not guilty 10 the indictment OF Keeping
a common nuisance and a Jury trial fol-
lowed. The nuisance Is alleged TO have
been maintained in Hawes Court i'm the
rear OF Wa lace street, a spot which In
now included I'm the condemned land for
the State House site. Percy ID. Smith APP
pears for the defendant.
DISTRICT COURT.
The following civil cases were heard in
the District Court today.
Jsbn y. Byrpss w. Isaiah w. Long et