Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1851-07-03
~The Supreme Court was in ses-

49,
WThe Supreme Court was in ses-
sion at Providence nearly the whole OF
last week, engaged in hearing motion
connected with the suits in Chancery
growing out OF the Trespasses now be-
ing committed on the farm Of Gov.
Lawrence. at this place, under the pre-
tencc OF a right, on the part of the ten-
mt Of an adjoining property to pass
through the Governors farm, with his
oxen and carts, and to take from his
shores, for sale, seaweed, gravel and
stone, dd 6Liiunl; and to lrense an in
definite number Of persons TO do the
same. II appeared that the farms Of
Gov. Lawrence and Mr. Hall were orig
inally one farm, which was pnrtitioned
between Nicholas and Joseph Taylor.
= in l776, the deed containing grant
from the former to the latter of priv
lege, which is the basis Of Mr.. iialps
claim to take seaweed, stones, (loose
q stones, not TO quarry stone) and gravel
from Iris shore bu, that in 1903 Joseph
sold to Nicholas thirty acres out Of the
forty-ninc and three quarter acres, Of
=, which his fam consisted, with all its
privileges and appurtenances, and with
out any reservation whatever, and by
which means, according to the univer-
Tsally recognised principles of The COM
mon law, the whole righ, rs TO the
shore privileges bccame exlinct,-that
y thirty acres, as well as of his original
farm, now Gov. Lawrence's, he execu-
ted, in 1903, mortgage, which con-
tained a full covenant OF warranty
q against membranes and under which
Gov. Lawrence's title is derived, the
property having been foreclosed by the
executors Of the mortgage and sold by
= Hon Henry Y. Cranston, Administra-
Tor, de bonis non, to Armstrong and
Wilbour, in 1885, by the latter Of whom,
Armstrong having previously released
his interest, it was conveyed, in Septem.
Der, 1886, to Gov. Lawrence, to whom,
also, the mortgage executed in lSOS was
subsequently assigned. Mr.. Halls title
f, is derived from Mr. Armstrong TO whom
in 1879, Joseph w. Taylor conveyed
his nineteen and three-quarterB acres,
remaining after the sale of the thirty
acres, and who likewise became the as
signec of a mortgage, executed IN 1913,
by Nicholas Taylor, on the thirty acres,
which had been sold to him. Both OF
these tracts Of land, together with anoth-
or tract which had never belonged to
the Taylor farn, were conveyed III
1885 to Mr.. Hall. but without the slight
est reference to their having belonged
TO Joseph w. Taylor, and also without
any reference to the privileges contain
ed in the deed of l776, and without any
grant whatever Of privileges on the
shore of the Lawrence farm. II also
appeared that an agrcemen! betweeL
Armstrong and Wilbour, when tenants
in common of the Lawrence farm as TO
certain privileges, not OF gravel ana
stone. but of seawecd, TO have effect on
the release by Armstrong to Wllbour,
and on which Hall likewise relied, new
er became operative (if il became so at
all) while Armstrong owned the Hall
farm, he having conveyed that proper
ty to Hall IN July, 1885, and his interest
in the Lawrence farm to Wilbour, in
January, 1896. 1, also appeared that II
Mr.. Hall ever had any pretcnslons to
the privileges claimed, they were extin-
gushed even so late as last September
by the conveyance of portion Of the
nineteen and threc-luarters acres ol
the Hall farm to Mr. Ivcs. 1t was also
shown that, according to the uniform
current of the authorities reco cognsed in
the Rhode Island case Of Kenyon vs
Nichols, lst of Angel, Ill, the privileges
originally granted could not be extend
I'd TO au,horise the taking or carrying
of stone, &c. for sale, or for any pur'
pose not required fer the use OF the
farm.