The Providence news. (Providence [R.I.]) 1891-1906, 1899-04-24
ASSEMDLYS ACTION.
The Validating Of Deed Claimed 10
Be Unconstitutional.
Interesting Point Raised In Case Brought
hY Central Baptist Society.

The first case argued before Chief
Justice Matteson and Justice Stines
and Tillinghast in the appellate court.
today. was that OF the Central Baptist
Church and Society VS.. Gydeon Man
chester, The action was one of tres
pass and ejectment brought by the
plaintiff corporation for possession of
the "Fort Point Lot" near the Stone
Bridge I'm Tiverton and IL was before
the court on demurrers to plea of the
dcfundant ana 10 rtpffcatfon OF the
plaintiff.
Sometime ago the defendant brought
an action OF trespass quare Clausum
fregit against one James b. Church
for acts committed upon the
locus and that James b. Church
attempted to Justify under titie'1n the
piaintiff and authority from IL. Upon
this the defendant recovered because of
The defect In n certain deed which has
since been validated by the legislature.
The question involved as the case
stood before the court today was as TO
the validity of the action OF the general
assembly and the conclusiveness of the
prior proceedings upon this plaintiff.
The defendants contend that the action
OF the legislature i'm attempting to val-
date deed that was unconstitutional
and that the parties in this case and
the previous case are identical
William II. Sheffield, Jr., counsel for
the plantif I'm his brief recited the
main facts about the title. The pro-
priet0r of Pocassett purchance bought
from the Plymouth Colony the part of
In dispute Is situated About the be-
ginning of the present century. sunday
persons by voluntary association. or
panized and maintained Baptist
church In Tiverton according To the
practice OF religious denominations gen.
orally In the state up to and subsequent
TO that time, but IL does not appear that
u was Incorporated by an act of the
legislature until January. 1853 on
April Both. 1906. the proprietors OF Po-
cassett purchase conveyed TO the asso-
citation lot OF ground. which. or
part of which, had formerly been used
as a burial ground either by native In
dians or the early settlers OF the coli
onv.
= Tnder this deed the Baptist church
? were let into possession of the lot and
erected a large church cdifice thereon
which they continued Ia occupy up TO
A. y. 1850. or until sometime thereafter.
when they removed 10 another location
and took down the old church building
and erected q new one. and I'm January
1863. became Incorporated as the Gen.
tral Baptist church and Society I'm Tiv-
erton. Afterwards fishermen landed
their boats on the shore and erected
boat houses on the shore OF this lot and
later the Central Baptist Church and
Society leased the lot for a term OF
years to a man named Ester and an
other for a carpenters shop OF which
Ester became sole proprietor. and after
some years the lease was surrendered
The lot had in the meanwhile been
graded 10 fill pond and unsightly
hole, an obstruction 90 q view from a ho-
tel. Then there were "squatters" upon
the ground who sealed their rights TO
Msher & Reilly. under whom Manches-
ter claims as tenants. The act OF tho
legislature making valid the deed was
passed In 1889 and sought to make the
conveyance made 20 the voluntary Bap-
tist Association the same as ~ the as
ISOLATION had been Incorporated. Plain
fiff claims that the action OF the legis-
lature was proper and the parties are
not the samc as i'm previous suit
The court held the matter fof advise
mcnt.