The Providence news. (Providence [R.I.]) 1891-1906, 1894-01-24
APPEAL SUCCESSFUL.
Supreme Court Reverses a Circuit
Court Decision.
Mill Property Valued at $4,000 In
volved-History Of Long Litigation
Which Has just Been Ended.

The long litigation over the mill pro-
perty in East Greenwich, known as the
American Mills, has been ended by de-
cision OF the United States Supreme
Court, which reverses the decree of
the Circuit Court for the
District OF Rhode Island, which
was given In the suit of Mary j. Garner
against the Second National Bank of
Providence and Christopher Shippee and
Samuel w. X. Allen OF East Greenwich.
The property is valued at $4,000 and is
leased and operated by Joseph Dews.
The following facts were brought out in
the hearing before the United States
Supreme Court: In 1880 Albert j. Graeffe
OF New York, having the management Of
his wifcs property, who was worth in her
own right about s100, 900, deemed it good
investment to purchase mill property now
known as theAmerican Mills inEast Green
wich, in this state. Mrs. Graeffe consented
but instructed her husband to take the
deed in both her and Mr.. Graeffe's name.
The property was purchased, but Mr..
Graeffe caused the deed to be
made to himself. A charter was then
procured in the state of New York in
cooperating the American Mills
Company, and the company was
organized with Mr.. Graeffe as treasurey.
The manufacture of woolen textile fabrics
was carrid on. Mr.. Graeffe expended up
wards Of $780, 900 of his wife's money on
the property and held all the evidences of
title in his own name.
Mrs. Graeffe few months subsequent
to the purchase of the property was in
formed by her brother, William III. Gar
ner, that the property did not stand in
hary nm hA sv,..,. Hfaf Ial L<<
attention of her husband to the fact and
directed him to cause a conveyance to be
made to her at once, but this was not
done and matters stood in this
way for nearly year. The
business was a failing one and creditors
were growing restless. Mr.. Garner find
ing that 0raeffe still held the deeds de-
termined that he should convey the prop
erty to Mrs. Graeffe, which he did.
The Second National Bank of this city,
few days after, attached the property in
a suit against Graeffe on certain of his ac-
ceptances which it held. The bank re-
covered judgement and sold the property
under an execution sale for the nominal
sum OF $500, Christopher Shippee and
Samuel w. X. Allen being the purchasers.
A day or two before the sale which was
in March 1882, Mrs. Graeffe retained
Messrs. Ballou and jackson who protested
in her behalf against the sale. Alexander
Thain of New York was associated with
Messrs. Ballou and Jackson.
In November, 1882, Messrs. Ballou and
Jackson filed bill in the United States
Circuit Court, to set aside the sheriff's
deed as cloud upon the title of Mrs.
Graeffe. After number of years of liti-
CATION in the Circuit Court
the case came to hearing at
the June term, 1888, before Mr.. Justice
Gray of the United States Supreme Court
and Mr.. Justice Colt, of this circuit. The
case was decided adversely to Mrs. Graeffe,
who had been divorced from her hus sband
and had resumed her maiden name of
Garner.
An appeal was taken by Mrs. Graeffe to
the Supreme Court Of the United States
and entered at the November term, 1889.
The case, after nearly six years delay,
came on for hearing in October last.
The Supreme Court has Just
handed down its decision that
the sheriff's deeds are invalid and
must be set aside as n cloud upon Mrs.
Graeffe's title. This decision rests an alb
solute title in Miss Garner.