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Colonial Cases

Jenkins v. Wardell and Shearer, 1876

[land law]

Jenkins v. Wardell and Shearer

United States Consular Court, Shanghai
Myers, 24 June 1876
Source: The North China Herald, 1 July 1876

 

U.S. CONSULATE-GENERAL.

Shanghai, June 24th

Before JOHN C. MYERS, Esq., U.S. Consul-General.

FREDERICK H. B. JENKINS, Petitioner,

and

BENJAMIN A. WARDELL and ALBERT N. SHEARER, Defendants.

Decree:-

   The plaintiff and defendants, previous to the 13th of June, 1862, were in joint possession of a certain piece pr parcel of land and buildings, situated in Shanghai, and recorded at H.B.M.'s Consulate at Shanghai, China, lot No. 487, title deed No. 480; and it appeared that the owners of said lot or piece of land sold the same to a Chinese subject named Chang Huh Kee, otherwise known as Huh Chung Kee; and on or about the said 13th of June, 1862, they gave to the said Chang Huh Kee an instrument in writing under seal in which they expressly stipulated and bound themselves their heirs and executors to transfer to any party to be named by the aforesaid Chinese subject, the lot of ground previously described, and in  pursuance of this instrument of agreement, Chang Huh Kee did, on or about the month of October, 1872, order the transfer of the  said lot of land, with the buildings thereon, for valuable consideration, to Frederick B. Jenkins, and he duly notified the defendants in this suit that the  said F. H. B. Jenkins was the party to whom they must transfer the said property in accordance with that agreement; and two of the defendants therein mentioned, departing beyond the jurisdiction of the Court, and not complying g with their covenant t to transfer said property to any person designed by Chang Huh Kee, and whereas by an order issued by Hon. Geo. F. Seward, U.S. Consul-General upon the parties, under date of 17th of December, 1875, to be and appear in this Court at or before the expiration of the period of six calendar months, for the purposes therein specified, and Benjamin A. Wardell and Albert N. Shearer not appearing on the day named by this Court, and proof of service having been made of the publication of  said notice to the parties, and otherwise, I John C, Myers, U.S. Consul-General, acting judicially and by authority of the law of the united States, this day, June 24th, A.D. 1876, do hereby order and decree that a certain ,lot of land situated in Shanghai, and recorded at H.B.M.'s Consulate at Shanghai as lot No. 487, title deed No. 480, be transferred, vested and remain in the undisturbed possession  of  Frederick H. B. Jenkins, his heirs and assigns, in manner and form as though the parties of the defendants had been present in person, and had co summated the said transfer.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School