The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-30
CLEAR TITLE
AT TER 81 YEARS
First Attorney Of Record In Tho
Cass Was Aaron Burr.
AN OLD DEAL IN WAMPUM.
Prrpsriy Is on ths Old gIosmlngdaIs Read,
and Trsuh's Arose Over a De.
tscilW Deed.
AN OLD DEAL IN wAMpUM.

New York. Dec. 6--After eighty
seven years of litigation. during which
the valuation Of piece OF property
located at the corner or 10Th street,
and what was formerly the old
Bloomingdale road, and is now Broad
way. increased In value from $3.50 to
Si5.oo0 a Judgment was rendered In the
supreme court Friday which sets the title
OF the plot free and clear. anl establishes
tife-fis f--i- ownership. wAieA-tnr-aH
these years has been a matter Of spec
ulation.
When the case first came TO the notice
of the courts IN 1914. no less a person
than Aaron Burr was retained as counsei,
a part OF the original court records, Is
now in possession OF Harold swain, OF
No. IS Liberty street, attorney Tor the
City Real Estate company whose own own.
the supreme courts decision.
According 10 papers in MIR. SWANS pos
session the property; which consists ist OF =
nally owned by William Callen, whose
family was well known during Revolu-
tionary times. Mr.. callen came lnio
possession OF the property as a legacy
| from a British uncle, who had obtained
| IL through a royal grant
Desiring TO dispose Of the land, Mr. CAL
| len. on Jan. %. 1914. sold IL 10 John Marks
| for $3.50. part OF which was 10 be paid
| in wampum.
Unfortunately there was no office dur
ing Mr.. Callens time where the SAFE
| could be recorded. else there would have
been no litigation for II the keen eye. OF
| an employe OF the register office TO-DAY
| had glanced through the deed then MADE
he would have seen that Mr.. Callen had
given an incorrect description or the
| property he sold. and instead OF convey
| ing the lot he owned at the corner ne
| had sold one-half of II and one -half OF
| the plot next TO II. and to which he had
| absolutely no claim -.
The error was not discovered at the
| time. nor was II detected thirty years
| afterward when the property again
| changed hands. becoming part OF s sns
| wears later when Mr.. Lyon died and his
| widow, Hannah. disposed of the land 70
/ Mrs Louisa Better. accepting mortgage
\ OF $500. the mistake became known.
| This mortgage was to run for one year,
\ III tfr end tf-tvA,4ef4- -l-Ann MAS Il 10
| redeem It and receive the title OF her
The mortgage ran for four years, dur
ing which time Mrs. Better had been
1 promised settlement but not recelNlhk
IL. had had the title sesrched ana ss yssrneo; no;
| the owner of all the land. Mrs; Lyoi
| was equally surprised when she leaIhee
and re she had her attorney. the late WIN.
| liam B. Hornblower begin Tlein e set,vr rr
| fyr the heirs OF Mr.. Callen, from wnon
ner husband had purchased the plot thirtS
Alter chase of thirteen years Mr.
| Hornblower located some Of Mr. Calieh
| heirs in Pittsburg, Pa. .and some otneI,
| in I,ouisville. XIV II was by the meres'
| accident that he discovered them
| In 1875 he instituted suit Tor the r.
| formation OF the deed to the properly
| so that title 10 the original plot, wnicI
| Mr.. Callen owned. might be clear, SO ~ ~
| Mrs LYON could assert her ownersHI
| through the will OF her husband;
| A Judgment was given Mrs, Lyon ~
| forming the deed. but when she went !,
| Mrs Better and informed ner OF VT
| ccurts action Mrs. Better refused 70 re
| consider the conditions set iortn ~ ~
| mortgage. and later in the court 2i 2ip ~
| meals il was decided that Mrs; btitsi
| WAS entitled 10 clear ttle tG the puVL,
| er;v In the meantime Mrs; lyon ,i uie, !
| and her son. Andrew Shielus' seNen''
| wears old. laid claim 10 the land; :.
| Mrs Better desiring TO rid hersei =
| the troublesome tract. had dlSportuS
| the deed she had obtained 70 q reai es
| tate agent and he in turn mao SON h' ~
interest TO the Title Guarantee ana ItuS
Tbe latter concern later disposed OF ~
| land IN. the City Real Estate company
Witch found itself confronted with IN
| clatm ~ MIR Shields. and TO settle WhSl
| M Swain brought suit against All IN
\ narsons interested In the various trsms
| sctions relating TO the property from III
| 10 tba present time. After TINS sun ia
| heen continued for several years %
| cision was handed down IN the supIeul
| court Friday which gave the ulle oi LII
| land To the City Real Estate company