Putnam patriot., 1913-12-19
NON=SUIT GRANTED
Egan's Fail to Show Title
Oue Criminal Sentenced

short calendar was taken ups state :
| Attorney Chas. Z. Searls informed the
court that he had a prisoner whom he
wished to put plea. Artist Maesrelli
was then arraigned on a charge of
adultery to which he plead guilty.
The attorney for the state told the
court that the man was arrested in the
| village of Mechanicsvile in the town
of Thompson. The woman, he said,
was not arrested, but he did not know
why this was so. He understood she
was out of the state and was living
| with her husband. He thought it was
not right to allow the woman to go
free and to severely punish the man
| and in view of all the circumstances
of the case recommended further
sentence of two months in Jail, the ac-
cused having been in Jail already near
ly that length of time.
After the disposal of the short calen-
dar the case of Nellie Egan VS. the City
of Putnam was taken up The plain
|
their land from Bridge street TO row
/ of posts on Water street. That the Ia
1 king occurred before the city had Ia
ken all of the necessary steps and it
WIS therefore trespass. Plaintiff
! claimed $500 damage and by way of
equitable relief a mandatory injanc-
ton commanding the city to restore
the premises as they were and TO re-
frain from wrongful trespasses in the
| future.
The defense practically amounted to
general denial although Attorney
Torrey admitted in opening that,the
city committed a technical .trespass MS
all steps had not been taken when the
sewer was constructed. He stated
that the steps at that time begun had
since been completed, and that If the
trespass was found he claimed that the
damages were only nominal. Plain
tiff argued that they could not be de-
prived of their rights in such man.
ner.
Geo. w. Perry, city engineer, was
the first witness and testified to the To-
cation;of the property, submitting a
| map of the location. He was not pres
| ent when the work was started, but
saw a gang of from 10 to % men work
| Ing. Posts were taken down and set
up and taken ownIagain.
On cross examination he said that
! the sewer was built to accommodate
the McCabe property as the Egans
could have run a sewer to Bridge
street.
| A number of deeds were put in as
follows: Deed of w. b. White to Jo-
seph Egan, 1868, which was the prop
erty in question. Then a deed which
conveyed this socalled McCabe proper
ty. Two mortgage deeds to.Thos. ID.
Sayles and one to Noadiah Watson.
Then quitclaim deeds from Sayles and
Watson to Mary Egan, wife of Joseph.
A copy of the distribution certificate
OF the estate of Mary Egan TO the chill
| dren as heirs, and warrantee deed OF
William J. to Nellie and Sarah. Mrs.
Cornor's share WAS paid her in cash
which brought the properly into the
hands iof the five other children as
claimed by plaintiff.
George Egan of Woonsocket testified
to. the way the property had been
known since he could remember. He
| said his father owned it first, after
wards his mother and that his father
managed it. He said the strip in
| question was worth 10 cents per foot
at low estimate. The rental value of
the strip he estimated at 500 per year.
Judge of Probate f. G.. Wright read
from his record the distribution of the
Egan estate.
Richard German said that in his
opinion the value of the strip of land
in question was worth 10 TO II cents a
foot. Rental value $50 yer year. On
| cross examination he admitted that II
there was an easement over the strip
as appurtenant to the McCabe proper
ty the strip would not be worth any
thing. Lowell ID. Ross testified,to the
| same effect. Defendant claimed there
was such an easement. The plaintiff
| rested.
Attorney Torrey made motion for
non-suit on the ground that the plain
tiff had not shown title 10 the premis-
es in question. He contended that
| v hen the mortgages were quitclaimed
| TO Mrs. Egan it was possibly the IN
tention of Mr.. Egan 10 make her gilt
| of the property, but she had nothing
/ but the legal title and had never fore
| closed the mortgages and reduced the
| property to her possession so that the
distribution of the property OF the es-
| tate as the estate of Mary Egan was OF
no effect as the property belonged TO
| the estate of Joseph Egan and had
never been distributed as his estate.
| Plaintiff argued that Mrs. Egen had
/ title and thas Mr.. Egan intended she
/ should have title and that the proper
{ ~ had always been known rs hers ana
/ If title was not gained this way heirs
! had title by adverse possession under
+ the doctrine OF lacking.
/ The court ehlu iihh ~ sccthDN iibnA
/ the evidence that the title 10 the prop
ertv was still in the estate OF Joseph
Egan and that the piaintiff did not
+ have a sufficient title 70 sustain the ae-
+ ton and therefore granted the defend
ants motion.
/ III is understood that the city offered
/ the plaintiff $3.50 in the way OF settle
! ment. which offer was refused.
I roort adjourned to the 18th at VIII
i limantie.