Colonial America
1774 William Ellery of Newport, RI. Land "Writ of Seisin" the right of possession of land in freehold for improvements
(WILLIAM ELLERY) (1727-1820). Signer of the Declaration of Independence from Rhode Island.
April 7, 1774-Dated Colonial American Pre Revolutionary War Era, Manuscript Legal Document Relating to William Ellery (not signed), measuring 8.25" x 13.25", 1 page, Choice Very Fine. Boldly written in rich deep brown on quality watermarked laid period paper and attractive with a fold separation sealed with archivally tape on the blank reverse at its top quarter. This is a legal "Writ of Seisin" (the right of possession of land in freehold for improvements to be made) giving William Ellery of Newport, Rhode Island possession of "One hundred and sixty five Acres of Land with the Buildings thereon," that belonged to a Rous Helme of South Kingstown, Rhode Island. Document is witnessed by "Stephen Hopkins" of South Kingstown. William Ellery's written name is mentioned three times in this Document. Curiously, in two incidences, Ellery's last name is replaced with "Brooks Simpson." Who that is, or his relation to Ellery, we do not know. Docket on the blank reverse reads, "Writ of Seisin - Ellery v. Helme".
William Ellery (December 22, 1727 " February 15, 1820). A Signer of the United States Declaration of Independence as a representative of Rhode Island. In 1764, the Baptists consulted with Ellery and Congregationalist Reverend Ezra Stiles on writing a charter for the college that became Brown University.
Ellery and Stiles attempted to give control of the college to the Congregationalists, but the Baptists withdrew the petition until it was rewritten to assure Baptist control. Neither Ellery nor Stiles accepted appointment to the reserved Congregationalist seats on the Board of Trustees.
Writ of seisin before judgment: If the plaintiff has had judgment for Seisin of the land, he may take out a "Writ of Sisin" before judgment has been rendered upon his claim for rents and profits, or other damages, or upon the defendant's counterclaim for improvements.
But if there is pending such a counterclaim, the plaintiff, before taking out his Writ of Seisin, shall furnish such security or pay into court such amount of money as the land court may order, to secure to the defendant the payment of any amount found due him for such improvements.