The Providence news. (Providence [R.I.]) 1891-1906, 1896-12-04
NEW TRIALS ASKED FOR
Appellate Court Hears About Deed
TO New Hampshire Land.
At a Previous Trial hi. Jury Found for
tn Defendants.

The cases OF james II. Henry vs.. John
Jenckes ct al and George Van DYKE vs..
JOHN Jenckes ct al were heard by the
appellate cour this morning upon the
ri ,ntifs petitions for new trials. The
cases were heard M tho same time because
In the common pleas division as tho cases
involved the same points II was deemed
best not to separate them.
The defendants were owners OF individs
ual interests In a certain tract OF wild
bndI In the vicinity of Mount Washing
ton in the state OF New Hampshire. The
land had come to them from their i'm
mediate ancestors and they had no per-
sonsl acquaintance with 1t. They were
dssirous of disposipg OF IL as 1t was
wild district and remotely situated from
their residence and ether business in
tsrests. The plaintiffs offered to purchase
this tract OF land from the defendants
and agreed TO pay therefor the sum OF
s3, 600 for each undivided one-aighth
part. which the defendants agreed to
accept. The parties met in Boston In
1887 and the plaintiffs declined.to carry
cut the bargain claiming that the title to
the land, which In the msan;ime had been
examined, lad been fond TO be Sc
riously detective.
Later negotiations were again entered
into regarding the purcna,s of this land
upon he part OF James K. Henry, George
Van Dyke upon one side and Frank r.
Carpenter. William q. X. Mowry ana
Henry b. MetcaIt upon the other and a
new contract was entered into betwtsn
the plsiniiffs and William q. X. MONTY
and Frank +. Carpenter, whereby the
plaintiffs were TO pay az. 500 for each one
eighth and take the property subject to
any encum brances there might be, the
defendants TO give q quit claim deed.
Mowry and FRANK f. Carpenter commu-
nicated this offer to Clarence ii. Carpen-
ter, Henry $. Carpenter and Henry B.
| Metcalf. who were the owners with the
two form er of five-eights in all of the
| land. The other three-eights were
owned by John q. Si1cIsir and John Il.
Eaten OF New Ham pshire.
The quitclsim deed was given on Feb.
q
| quiet for Elk years. At the end Of That
| time he plaintiffs claimed that there
was. st the date of the deed, an attach
| nent upon the land conveyed by tbs
| defendant. at the suit or the Winnepe-
saukee Paper Company, which had re
suited in a lew upon and set of Of por'
ti1n thereof whereby the spscill eoven-
ant Of warranty In the deaf ha hecomo
broken. This suit bad been begun year:
before against Daniel &. Jencxes, father
Of John Jenckes, and Sturgis p. Carpen
ter, the father OF Frank +. Carpentei
and Clarence IA. Carpenter, and John q
Siuclsir and John e. Eiton. The sui
was brought in the life time OF Johr
Jenckes and Sturgiss p. Carpenter, bu
the writ was served on the admiuistra
tors In New Hampshire. None of the de
fendauts here mad any notice OF the sui
and John q. Sinclair bought tho claim
Of the Winnepessukee Paper Company
The defendants filed a special plea ssttinl
up fraud In the procurement OF the desd
uron which the plsiutins joined ISSUE
and the case was tried before JuGg'
Rogers and idiy last June. Ih
jury found the deed in question was no
the deed of the defendants.
Today the plaintiffs claimed new tris
on the ground that the verdict wa
against the evidenc, and the weigh
thereof. that certain testimony intro
duced y the defendants took the riaintii
nv surprise and tnst the presiding iustic
erred in admit ing sCch teslin on,
offered ny The defendants.
4. Z. Mowry is counsel for tho plain
til. and wilson & JercSes and W.
vil snt represent h defendants.