Nathan G. Kenyon v. Jonathan Nichols
Supreme Court of Rhode Island
This was an action on the case for an injury to the plaintiff’s right of common of sea-weed. The plaintiff claimed as appurtenant to his farm, (being one of the so-called Sewell farms, which had been confiscated to the State, and under a conveyance from which to Nathan Kenyon, the plaintiff claimed,) the right of taking seaweed or sea-manure in a certain place or common, called the Common Lot, every year and at all times of year.
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This was an action on the case for an injury to the plaintiff’s right of common of sea-weed. The plaintiff claimed as appurtenant to his farm, (being one of the so-called Sewell farms, which had been confiscated to the State, and under a conveyance from which to Nathan Kenyon, the plaintiff claimed,) the right of taking seaweed or sea-manure in a certain place or common, called the Common Lot, every year and at all times of year. (See the pleadings fully set forth, Supra p. 106.) The jury having returned a verdict for the plaintiff, the defendant moved for a new trial, “ because the Court…
1Opinion of the Court
The plaintiff claims the right to the sea-weed, as appurtenant to a tract of land, conveyed by Joseph Clarke, General Treasurer of the State of Rhode Island, to Nathan Kenyon.
The plaintiff derives his title by deed from Nathan Kenyon, and the decision of the cause depends upon the construction of the deed.
After describing the land intended to be conveyed, the deed contains the following clause: "with all the buildings, ways, privileges and appurtenances to the same belonging."
This is appropriate language to convey an easement or appurtenance already existing, and belonging to the land, but…
2Cited by10 opinions
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- Hall v. NascimentoSupreme Court of Rhode Island · 1991
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