New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-18
THE MORTGAGE WAS FORGED. SIZE SAYS.
MISS WEED DECLARES SHE NEVER KNEW OF THE
FIRST DOCUMENT. AND EXECUTED SEC
OND ONLY TO SAVE HER BROTHER.

MISS WEED DECLARES SHE NEVER KNEW OF THE
FIRST DOCUMENT. AND EXECUTED SEC
oNp ONLY TO SAVE HER BROTHER.
The trial OF an action brought by Miss Sarah
Weed against Phineas o. Davidson to set aside
and have cancelled bond and mortgage purport-
ing to have been executed by her. resumed
yesterday before Justice Slower In Special Term.
Part VI. OF the Supreme Court. Miss Weed alleges
that in 1892 a mortgage for 5000. purportng to
have been made and executed by her to one Jane
Lewis on the property at No. ia East Fifty eighth
St. was filed and recorded In Brooklyn. This
mortgage was assigned by Jane Lewis 10 one VIII
son. and by him assigned to Davidson.
In 1894 Miss Weed declares, she induced
under duress to execute second mortgage for
s. 800 on the same property IN cancellation OF the
first one. She says that subsequently she was In
duced to sign q document stating that the second
mortgage was her voluntary act. The present suit
is brought by Miss Weed to have all three docu-
ments cancelled and have the mortgages surrend-
cred to her The first mortgage purports to have
been acknowledged before George F. Prendergast
a commi ,sioner OF deeds In Brooklyn.
Miss Weed testified that she had never executed
the mortgage and had never been In Brooklyn In
her life pIior to the discovery OF the mortgage.
She said she never knew anything about the mort
gage until summoned to the law office OF Backus
& Name. when she was told that her brother.
Edwin Weed. had been arrested on a charge OF
grand larceny In connection Win H. MISS Neeu
also testified that she told that the only way
TO save her brother from prison was to acknowl-
edge that the alleged forged mortgage was all
right or to give a mortgage In cancellation OF
the first one. Miss Weed said that she was In
formed by some one at the time that there was
enough evidence against her and her brother to
send them to State Prison for ten years. She said
that being much frightened at the time and to save
her brother and herself from disgrace she signed
the second mortgage, although she never received
any consideration for the execution OF 1t.
Emily s. Weed. the plaintiffs sister. corroborated
| her sisters story and said that she greatly
| frightened at the time and that the plaintiff said
! she would do anything to save her brother from
| disgrace Theodore Weed. brother OF the paintin.
testified that he had q power OF attorney from his
sister in regard to the property, but had never
| authorized any person to sign his or his sister
name. - A., .,..,o,o. -.
| deeds before whom the mortgage purports 10 nave
| been executed, and who Is now prisoner In the
Tombs on n criminal charge was brought into
court and testified that he took the acknowledg.
ment to the first mortgage. put subsequently ECU n,
| learned that the woman who signed u was no,
plaintiff testified that at the time his sister sgneo
the second mortgage she was nervous ana much
| frightened He said that the criminal charge
him was dismissed Sy the a G5ana INA abs
had met General Warrington In 1853 IN fiorida. anc
met him again In this city twenty years iater: Ht
| admitted having made a provisional contract OF
sale with General Warrington. upon wn'ch 'n'
IBID you know a man named Page. who is known
"::I don't know any short card people or an,
games" was the reply. He testified that ne was
PTba trial was adjourned until Monday.