Know all Men by these presents that I Andrew Harvey of Newport in the County of Hants and Province of Nova Scotia, yeoman, and Rebecca Harvey for and in consideration of the sum of Five hundred pounds to us in hand paid by Daniel Harvie of Newport County and province aforesaid, yeoman, the receipt whereof we do hereby acknowledge, have granted, bargained, sold, aliened and confirmed and by these presents, Do grant, bargain, sell, alien and confirm unto the said Daniel Harvie his heirs and assigns forever, All my right and title of Roseway farm, so called, together with all my right and title of Marsh lands thereunto belonging (except the Stewart Lot so called, Town Hill, Fish pasture and two thirds of marsh lots forty nine and fifty which I have this day conveyed to James Harvey) being lands conveyed to me by will from the late John Harvey, for further particulars can be had to the deeds of the said late John Harvie, likewise three quarters of fifty acres of woodland off the South end of a lot of land purchased from the late William Hearn, likewise three quarters of all my right and title to a lot of woodland in the Township of Newport second division No. twenty three, bounded Southwardly on the river  Hibert, Eastwardly on the boundary line between Rawdon and Newport, Northwardly on lands of Daniel Lockhart and Westwardly on the School lands. To Save and To Hold the said lands with all and every of their appurtenances to him the said Daniel Harvey his heirs and assigns forever, the said Daniel Harvie shall allow James Harvie to haul wood and poles cross his land and I the said Andrew Harvey and Rebecca Harvey, the said lands with all and every of their appurtenances,shall and will warrant and defend unto the said Daniel Harvey his heirs and assigns forever against us and our heirs, and against all other persons whatsoever by these presents.
        IN WITNESS whereof we have hereunto set our hand and affixed our seals at Newport aforesaid this twenty eighth day of May in the year of our Lord one thousand eight hundred and forty one.

Signed, Sealed and Delivered in presence of: John Allison     James Harvie

Received Newport May 28th 1841 from Daniel Harvie the sum of  five hundred pounds in full consideration money of the foregoing Deed:  Andrew Harvie

Witness present:  John Allison.

Before me came Rebecca Harvie wife of Andrew Harvie, and being by me examined separate and apart from her said husband acknowledged that she hath freely and voluntarily and without any persuasion from her said husband, relinquished, sold  and conveyed , unto Daniel Harvie and his heirs forever, all her right of Dower and claims of every kind to the premises described in the foregoing Deed
Newport May 28th 1841    J. Allison J.P.

TRANSCRIBER COMMENT: The River Hibert mentioned in the above deed was presumably the Herbert River. At the same time Andrew Harvie (1769-1861) conveyed, as per above, the homestead section of Roseway Farm to his son Daniel Lockhart Harvie (1811-1851) for a consideration of £500,  he also conveyed the balance to Daniel's brother James Harvie (1803-1890) for a consideration of £300.  The conveyances are respectively recorded in the Hants County Deeds Register, in Volume 26, pages 78 & 79, documents 66 & 67. The land conveyed to James Harvie was described as:
     "Forty eight acres of upland, more or less, being part of Roseway farm, which he now occupies, viz. Stewart Lot containing eight acres one rood and eighteen perches, Town Hill containing seventeen acres one rood and six perches, likewise two thirds of dyke lots No. forty nine and fifty, likewise a small commage lot so called No. four, containing half an acre more or less, likewise one fourth of fifty acres of woodland off the South end of lands purchased from William O'Hearn, likewise the privilege of hauling wood and poles from said O'Hearn lot across lands which I have this day conveyed to Daniel Harvie along the road for that purpose, and the privilege of hauling poles across said land to repair the line fence between the said James Harvey's Fish pasture and the said Daniel Harvey's land, likewise the use of ten apple trees on the Old Orchard for fourteen years."

Aspects of these conveyances of Roseway Farm and other lands to sons Daniel Lockhart and James are intriguing. The fifty acres of woodland which Andrew Harvie purporting to sell - one fourth to Daniel and three fourths to James, and Marsh lots 49 & 50 - one third to Daniel and two thirds to James, are recorded on folio page 167 of Volume 20, document 133, as having been sold by Andrew ten years earlier to his three sons James, Daniel L. & Andrew Jr. as joint tenants for a consideration of £300! These lands were described in the 31 March 1831 conveyance registration as:-
      "All the lot of land in the Township of Newport, Nova Scotia, known by the name of Bentley Ground bounding a Highway all round containing 50 acres more or less, and 2 lots on the town dike number 49 and 50 according to the new plan containing 10 acres more or less."
On 29 March 1831 there was also a conveyance from Andrew to his son Elkanah of a  parcel of land for £30, recorded as document 131, and a conveyance to another son Woodberry, of a parcel comprising an area of 150 acres of upland and 6 acres of marsh land for a consideration £300, recorded as document 132 on page 166.

Another aspect of the purported sale, by Andrew Harvie in 1841 of the same 2 marsh lots and 50 acres of woodland he had sold the three sons 10 years earlier in 1831,  is the timing. The conveyances were registered only two months after the death on 5 May 1841 across the Bay of Fundy in St. Stephen, New Brunswick, of the third son Andrew Jr. (1809-1841). However as Andrew Jr. held his interest in the lands with his two brothers as joint tenants,  rather than as tenants-in-common with specified shares, after his death his widow Sarah Lewis née Lavers (1820-1875) and his only son William Andrew, who may have been born after his father's death, would not have had any legal entitlement to that interest. Thus the lands conveyed by Andrew in 1841 to his two sons Daniel and James were prima facie already registered in their ownership! Perhaps the explanation for second sale of the same lands may have been that Andrew Jr.'s death, and the resulting loss to his beneficiaries of his interest in these lands because such had been held as a joint tenancy, brought home to his two brothers the potentially unsatisfactory nature of this form of land tenure, and the sale to them by their father of Roseway Farm just provided an opportunity to change the form of ownership of the lands purchased in 1831 to tenants-in-common. An additional factor may have been that the 1831 conveyance had not been accompanied by a renouncement by their mother Rebecca Harvie (1772-1845) of her dower right in respect of the transferred lands.

Another aspect, of the purported transfers by Andrew Harvie in 1841 to his sons Daniel and James, is that there was no disclosure in the conveyances of the existence of mortgages over any of the lands being conveyed. Mortgagee foreclosures of these lands occurred after Daniel Lockhart Harvie's 1851 death, in respect of mortgages entered into about 1819 by John Harvie (1730-1822) and in 1827 by his son Andrew! In that respect, pursuant to an order of the Court of Chancery at Halifax, lots No.13 and 14 being respectively of 9 acres and 5 acres, of diked marsh land situated in the Great Town Dike in Newport fronting the Town Plot, and delineated as such on a plan prepared in 1818 by Deputy Surveyor of Lands Hiram Smith, were sold at public auction by a master of the Court of Chancery to Andrew's son James Harvie for a consideration of £390. These were presumably the same two lots renumbered to 49 and 50 in a later prepared plan (if not they were not - then they were clearly other lands conveyed in the sale of Roseway Farm to Andrew's sons). The post auction conveyance of the lots to James Harvie was registered on Sept. 29, 1855 and recorded as No. 2533, document 370, on page 420 of volume 36 of the Hants County Deeds Register. It discloses Andrew's father John Harvie, in the last years of his life between 1818 and likely 1819 had mortgaged these two dike lots to secure a substantial loan from Windsor merchant Benjamin DeWolf and James Fraser. This mortgagee was not subsequently discharged. The defendants to the Court of Chancery foreclosure action, being the parties to the original 1831 sale and the beneficiaries of the estates of the two deceased brothers, were named in the deed as:- Andrew Harvie, his son James, Sarah L. Harvie (widow of Andrew's two sons Andrew and Daniel Lockhart), her son from her first marriage - William Andrew, and Daniel Lockhart's five children Walter, James A. (error - as actually was Jane A.), Ellen, Caroline & Danalenah (sic) - the latter three also being Daniel & Sarah L.'s children.

Another conveyance resulting from a Chancery Court ordered mortgagee foreclosure public sale was registered on April 11, 1854 and is recorded in Volume 35 of the Hants County Deeds Register as document 264 at page 302. It apparently involved all of Roseway Farm and other lands previously owned by John Harvie and willed by him to or otherwise acquired by his son Andrew including the 150 acres of upland and 6 acres of marsh land conveyed in March 1831 by Andrew to his son Woodberry. An undischarged £600 mortgage had been granted by Andrew Harvie in 1827 to the Honorable William B. Bliss - 14 years prior to the 1841 purported sale of Roseway Farm to his sons Daniel L. and James, and 4 years prior to the 1831 land sales to the five sons. At the auction Roseway Farm and the other lands were also bought in by James Harvie. In this instance for £985.

The loss of the homestead section of Roseway Farm and other lands occasioned by the mortgagee sales, substantially reduced the real property component of the deceased estate of Daniel Lockhart Harvie which over a decade later in June 1866 was valued at £1086 by three Probate Court appointed Commissioners. The change in ownership to James Harvie resulting from the public auction in 1854 of the Roseway homestead was likely the reason about this time Daniel's widow Sarah and her children departed Roseway Farm to reside in Avondale. Shortly after acquiring Roseway Farm James Harvie sold off sections to relatives and others. The farm passed to his only son Weston and was sold by him to the Parker family early this century. Subsequently expanded by the acquisition of additional acreage it remains today (1999) in the ownership of a Parker family descendant. The original homestead built by John Harvie in the 1770's, with later additions made by his son Andrew, burnt in the 1940's.