The Archive · 1881

IN THE U.S. COURT FOR THE CONSULAR DISTRICT OF SHANGHAI

Shavghai, 18th July.

Before 0, N. Deswy, Esq., Consul-Generat, "Acting Judicial.

Re the lorcha Kiangning.

In this matter His Honour to-day delivered, the following Tudgment:— wu application on the part of certain of M. A. Jenkins, a citizen of th ding at the port of towards the payne funda now on depas Court, arising from the sale of the lorcha Kiangning, the property id M. A. Jenkins, and sold on for about the idth day of March Inst to satisfy two executions issued out of this Court, and directed against the property of the enid Jenkins; the Geet of which is for the sum of $445, interest, and coats in favour of Goo, Derrick, rendered in October, 1877, The second is for the sum of $4,651.03, interes and costs in favour of J. Maitland & Ca, Tt appenra that on the 6th day of Novemb 1875, Jenkins was the registered owner of the said lorcha, and that on that day he signed the following promissory ote:—" On demand, Promive to pay to Touleping-yang the sum ix thousand dollars (Mexic: for value el, (Signed) M. Andrew Jonkine." Attached to the dame paper is the following "It is hereby agreed betwoon M. A, Jonkine and sul-ping-yang that the said 'Teuh-ping-yang nccopt as security of the above note, the American lorcha and that if the' said M.-Andrew to pay the above note, Tsuh-ping. to have the Kiangning and she teausferred. (Signed) M, Andrew On the same day, this doom attested by R. M. Joh

memorand In th Friday, 1877, 3 o'clock and 5 minut.m. (Signed) 1.-F, Shepard, U. 8. Cou "On the 5th day of January, 1878, a second document was executed by Jer and left for record with U. 8. Consul Hankow, tgage on th favour of the said Teuh-pin, yang, it is claimed, for account of Jenkins. The petitions of Chih-ye Hankow alleges that Teuh-ping-yang di October, 1878, that he is the legal representa tive of the decan has the right to the te for the beira, ceive the money in of a prior lien by reason of the mortgages referred to. Not only is the right of the said Chih jen to appear aa the legal representatives of Vaub-ping-yang denied by the judgment creditors of Jenkins but it is alleged that the mortgages or pretended mortgages were made in fraud. of laws of the United States, and that is ap additional reason why the potishould not receive any portion of the funds referred to. The statement of the petitioner Ci -haien are 80 conflicting that they are unworthy of Lelief, but if they were accepted as true, upon his own showing, he has no right to appear as the legal representative of the deceased. Commenting upon the allegation of fraud in

Text read from the printed page and cleaned; old type leaves the occasional error.

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