The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-12
THE PRENTY CASE BEGUN.
SUIT ron CANCELLATION OF AL
LEGGED FRAUDULENT DEED.

Mrs. Mary. Ann Prenty, as Admins
tratrix of the Estate of Her
Mother, Charges That Her Former
Husband. Patrick McMurray, OBJ
tained Property by Fraud ana
That the Present Holder Took 1t
with Notice Fileb Wnchstein
Claims Title From McMurray-The
Suit an OfYshOOt of "A Series of SEN
satIonnI Incidents-The Plaintiffs
Detention in New York.
The trial Of tho case of Mary Ann Prem
| ty, against Fileb Wachstein and others,
celebrated in local legal history, as one
of the off-shoots of the series of sensa-
tional incidents, in which the plaintiff ana
her now divorced husband Patrick Nc
Murray, figured. was begun in the Supe-
rlor Court yesterday afternoon.
The plaintiff sues as the Administrative
of the estate of her mother. Catherine
! Prenty. by whom the property in dispute
was formerly owned, having, in an uniIn-
proved condition, been set aside to Mrs.
| Prenty as a years support from the es
tete of her husband. The property is
located on the west side of Houston street,
between Perry and Perry lane, and has
become of considerable value.
It is alleged in the plaintiffs petition
that after she and Patrick McMurray were
married, and while the pair were living
with the wife's mother, the husband OBJ
tanned. wrongful and fraudulent possession
of the property. He afterwards conveyed
1t to Gerald McMurray, one of his broth
ers. and it was by him conveyed to
Wachstein For the purpose of making
further improvements Wachstein borrowed
$4,000 on the property from the Oglethorpe
Savings and Trust Company. All of these
parties, who have or have had an interest
in the property, or have held it under a
claim of title, have been made parties de-
| PENDANT in this suit brought by Mrs.
Prenty. She claims that as the convey
ance TO McMurray was wrongful and
fraudulent and. as she asserts, the sub
sequent holders were all charged with
knowledge and notice of fraud the title
now vested in Wachstein should be de-
clared invalid, the deed to him cancelled
and the property returned 10 her undis-
puted possession.
For the purpose of trying the case a
special jury panel, consisting Of fifteen
grand jurors and fifteen petit jurors, had
been summoned and from these the jury
was ultima tely chosen. Yesterday after
noon was taken up in arguments upon de-
murrers filed by Col. F. W. Meldrim, rep
| resenting Wachstein and the trust COM
pany, some of which were sustained. The
introduction of evidence and the trial of
the case on its merits will be begun to-
day.
The principal demurrer of Col. Meldrim
| that the court sustained related to an
amendment to the original petition filed
! by the plaintiff, in which ii was charged
that the defendant. Patrick Murray, had
| not only used fraud in obtaining the deed
TO the property from his mother-in-law,
| but that he had also used force and du-
| ress, threatening her with personal VIC
! lence in case she refused to sign the paper
he presented. This paper it is said In
| the petition, was in reality a fee simple
| deed to the property, but Mrs Prenty had
! been told by McMurray that it was a note
or other instrument, by means of which
! he desired to raise money, and in no sense
| a conveyance
The amendment to the petition charged
! that Wachsten had notice of the man
/ ner in which this instrument in writing
! had been obtained of the alleged duress
| as well as of the alleged fraud and that
| therefore, the title which he took was
! tainted and invalid To this additional
! charge of force, as affecting Wachstein
| Col. Meldrim demurred and Judge Falli-
! CANT ruled that it could not properly be
| considered in the case The court held
! that If the plaintiff desired to rely upon
il, It should have been pleaded in the first
instance.
1t is expected that the evidence in the
! case VIII be of a sensational character 1t
| viii he remembered that McMurrav sew
eral years ago, took his wife te New York
| and had her locked up in a house of de-
| tention where she was kept for several
| months. In the meantime the mother.
Mrs. Catherine Prenty, was in the hos
| pital in Savannah, left to her own de-
vices, without money or means, and look
| ed after only by the charity of others.
1t is charged also that at one time Nc
| Murray kept his wife and mother-in-law
| locked up in their residence in this civ
| and that he subjected them both to in
Vulnerable cruelties and harsh indignities.
! Mrs. McMurray's experience in the House
OF Detention in New York was of a suf-
| hciently sensational description and in
| connection with other instances of Nc
Murray's alleged cruelty to her mother
| ana herself, makes an interesting story.
All of this, it is likely, will be brought
out in the course of the trial.
A strong array of counsel are interested
| in the case. Messrs Barrow & Barrow
appear for Mrs. Prenty. Messrs Garrard
& Meldrim for Wachstein and the Ogle-
| thorpe Savings and Trust COMPANY
Messrs. G. T. e. j. F. Cam for Wach-
stein and Messrs. Saussy & Saussy for
! Patrick and Gerald McMurray.
Since her troubles began the plaintiff
in the case has secured a divorce from
her former husband and has resumed her
maiden name of Prenty. 1t is intimated
and believed that during the trial an at
tempt will be made by counsel for the de-
PENDANTS to justify in some part AT least
the course of conduct pursued by McMur-
ray toward his wife, by showing that her
own has not been altogether free from
| reproach The personnel of some of the
defendants witnesses indicate this inten-
| ton very broadly.
| n.xytNr