The Providence news. (Providence [R.I.]) 1891-1906, 1894-12-04
HEARD IN COURT.
A Mortgage Deed Leads to
Various Complications.

Before the Appellate Court today the
case OF Wilmarth III. Colwell against
Laura A. Burgess ct ais. was heard on the
plsintifis bill to compel specific perfor-
nance. The facts are: About 1885 MIR.
Coiwell negotiated mortsge deed OF $500
TO the Swan Point Cemetery Company
on property situated at i145 Broad street,
the title OF which remained with the COM
plalnonts mother who subsequently
negotiated second mortgage TO
Manton A. Weaver for $500. Both mort
cages eventually passed into the hands OF
weaver and in 1890 he property was sold
under these mortgages, I'll. Is. Davis, the
agent and clerk OF Mr.. Weaver, buying
the estate. This property was then decided
TO the complainant, but was not put on
record. Another deed was subsequently
drawn up AMI put on record reconveying
the property 20 Weaver. The complain
ant claims that when he signed this
second deed he thought IL was deed
conveying the property to Weaver simply
as trust. The property IN dispute
consists of about 10000 feet of real
estate and dwelling house. The land is
proposed extension OF Lexington avenue
and this fact was supposed to enhance the
value OF the realty. CoWell claims that
Weaver agreed 30 release AL his title TO the
properly and give the house clear to
Cowell IL Coiwell would release all
title TO the land. An agreement, 1t is
alleged, was entered into TO this effect,
but the original was taken by Weaver and
never returned. Mr.. Colwell asserts that
he made blue print of this original agree
ment, which he produced in court. The
defendants deny any such agreement, and
anege that after the drawing up Of the
second deed Colwell lived in the
house simply as tenant. Several
writs OF election were served against
Colwell and Judgment obtained.
On the death OF MIR. Weaver his claim to
the property passed TO bis heirs-at-law,
the defendants in this suit. The plain
tin prays that the defendants be COM
peiled 10 carry out their agreement as set
forth IN the alleged contract between him
self and Weaver.
In the petition of Alfred X. Mayo against
AnnieJ. Mayo, for divorce, a rescript has
been handed down, Air. Justice Tilling-
hast dissenting, dismissing the petition.
the compliments bill were extreme cru
city and continued drunkenness. The
court does not think these charges sus-
tanned.
Cases Filed.
Frank p. Crandan has brought suit
against the New York, New Haven q
Hartford Railroad Company TO recover
$4,000 for injuries sustained in December,
1898, at Pontiac, while employed by the
company. lie was struck Dy pole
placed In close proximity to the track
and severely injured.
Honora Hunt sues Michael ID. O'Copnor
for a violent assault. The ad damnum
alleged is $1,000.
Sixth District Court.
James Bergland was charged with keep
ing liquor nuisance at 36S South Water
street. He waved examination and was
held in the sum of $1,000 for the action of
the court of common pleas.
George Lewis, a sturdy begQar, was sent
to the State Farm for six months.
James p. traylor was adjudged insane
and sent 10 the State asylum.
John Rafferty,, for an assault on John b.
McGuinness, was held until Dec. for
trial.
The case of Arthur Joslin for making an
assault on Thomas Kane was continued to
Dsc. II.
Edwin G. Locke, for nop-support OF his
wife and child, will be heard January I.
Joseph Tanning, for the same cause,
was continued until December 2S.
jeremiah Smith, James Glsvin and Jas.
Hanley were sent 20 the Soc kanosset School
for Boys for two years for truancy,
and John lie Clair was held until Dec. Is,
Tor the same offence.
The case of James Trainor for leaving
his horse on the street longer than the
Judgment of the Society of the Preven-
tion OF Cruelty TO Animals deemed was
for the best interests of the animal.
Trainor vas fined s10 and costs. He ap-
lnA