The Providence news. (Providence [R.I.]) 1891-1906, 1897-12-02
BELONGS TO
THE HEIRS.
Property Held by Brad
ford as Trustee.
FINAL DECISION GIVEN
In a Case That Has Been For Long
Time Before Court.
FINAL DECISION GIVEN
CHIEF JUSTICE GAVE OPINION

Chief Justice Matteson today announced
the opinion of the Appellate Court in the
equity cause OF William Bradford. trus-
tee ct al VS.. Mary n. Burgess ct al. and
the decision Is that the title to the land
in dispute Is in the complainant and that
they are entitled to partition. The cnse
was complicated one and had been many
times before the court on different
motions before the main hearing.
On Oct 80, 1SiS Mary Reynolds then
seized in fee OF the land conveyed il in
fee To Samuel j. Reynolds who. by deed
of the same date, mortRaged 10 back to
the grantor TO receive the payment OF hls
note for $500 payable in 10 years with in
terest. On March IL, 1851, Samuel j.
Reynolds by deed Of that date, conveyed
the land In fee to George Ii. Reynolds
This deed excepted the covenants from the
operation of the mortgage for $500 given
to Mary Reynolds by the grantor, and
the deed itself stipulated that the mort
gage, with the interest from the time
the de,d was given, should be paid by the
grantee, the amount of the mortgage
having been deducted from the considera-
tion mentioned in the deed.
Sept. 80 1851, George II. Reynolds
mortgaged the estate TO Mary Il. Reynolds
to secure tho payment OF n note for $1,000
PAYABLE one year after date with interest.
1his mortgage Contained covenant
against encum brances, and also OF gen.
eral warranty against the lawful claims
and demands Of all persons. Neither
covenant contained any exception Of the
prior mortgage given bv Samuel j.
Reynolds TO Mary Reynolds for $500. Oc-
tober 20, 1851. Mary Reynolds, by deed,
assigned the last mentioned mortgage and
all her interest in the mortgaged premises
and mortgage debt to Hapnah Il. Rev
nolds wife Of the mortgaRor. April l3,
1852, Mary Reynolds, by deed. assigned
tho mortgage first mentioned to Thomas
Wilson, Jr.
The bill OF complaint averred that
George III. Reynolds and Hannah B. Rey
nolds, his wife, assigned the mortgage
note for $1,000 given with the mortgage
deed securing its payment To William
Bradford as trustee fer said Hannah.
The note bears on its back what purports
to be al assignment OF IL, as set forth in
the averne ent; but no assignment Of the
mortgage was produced and the COM
plsinants allege that neither the assign
ment nor any record OF 10 can be found
On April Ia, 1872, William Bradford,
assuming to mo trustee for Hannah
B. Reynolds. brought al action of tres
pass anu electmeDt in that capacity in
the court OF common pleas in Bristol, i'm
which town the property in dispu g. IL To-
Chtcu, anu feClteu IN DIS ueClhfatlOn tue
giving Of the mortgage by the defendant.
George II. Reynolds, To Mary u. Rey-
mold, her assignment of 10 TO
Hannah B Reynolds and the
further assignment Of IL by Hannah to
himself duly executed and acknowledged
whereby he became seized in fee by way
of mort9ag put that the defendant had
entered into and disseized him of the
premises and had withheld the possession
! thereof from him. Execution was is
sued on judgment for tho Ilaintiff and
| he was put into possession by the sheriff.
| Thomas Wilson. assignee OF one Of the
mortgages, brought an action Of eject
ment in 1876 against George IL. Rey-
nolds Hannah B. Reynolds and William
| Bradford in his capacity as trustee To re-
cover the mortga9ed premises. The de-
PENDANTS claimed the right OF redemption
| whereupon n conditional Judgment was
sntersd 10y which should they pay the
! sum of siiO7 50 with interest ana cost.
within TWO months OF the date OF the
I Judgment the mortgage should be dis
/ charged This mortgage was paid ADD
/ ths premises assigned 10 Hannah Is. hey
/ nolds. but she Desef took Possession OF
| tie mOrtgased pfemises.
Bradford, though, Iut In possession hy
| the sheriff. George n. u ynolds. re-
I nBined la actual possession with his
wife. Hannah b. REYNOLDS. until tie
death OF the latter, November II. 1872.