Sidebilder
PDF
ePub
[ocr errors]

in his and their Hands. And that after the Death of the faid A. B. and of, &c. if he had or might have any Charge, Claim or Incumbrance to and upon the Premiffes; or if fhe hath none, then after the Death of the faid A. B. the faid T. B. his Heirs, Executors and Adminiftrators, fhould pay to the faid H. H. his Executors, Adminiftrators or Affigns, fo much of the faid 500 l. and Intereft thereof, as fhould be due and remaining in his or their Hands: In which faid Articles there is alfo contained a Provifo or Condition, That if the faid T.B. his Heirs, Executors or Administrators, fhould on or before, &c. next enfuing the Date thereof, give Notice unto the faid H. H. his Heirs or Afligns, by leaving a Note in Wri ting at the Houfe of the faid H. H. in, &c. That he or they were not well fatisfied with the Title of the faid H. H. to the faid Capital Meffuage and Farm aforefaid, and did not care to proceed in the Purchase of the fame, then all the Clauses, Articles and Agreements be fore therein contained, fhould be void; as in and by the said recited Articles of Agreement (Relation being thereunto had) more at large may appear. And whereas no fuch Notice was fo given or left in Writing by the said T. B. for the faid H. H. within the Time, and at the Place appointed in the faid Provifo; but the faid T.B. being willing and contented to go on with the faid Purchase, did relinquish the Power to him referved by the faid Provifo, and did declare his Agreement to the fame before the faid, &c. and was thereupon admitted into the Poffeffion of the Premiffes, and in Purfuance of the faid recited Articles, the faid H. H. hath accepted the faid Sum of 4001.

being the Confideration-Money in the faid res cited Indenture of Release mentioned in Part of the faid 1500l. the Purchase-Money agreed to be paid for the faid Capital Meffuage, Farm and Premiffes, in and by the faid recited Articles: And the faid T. B. hath likewife, in Purfuance of the faid recited Articles, paid to the faid H. H. feveral Sums of Money in further Part of the faid Sum of 1500l. PurchafeMoney, viz. &c. amounting in the whole to, &c. and hath from Time to Time duly paid to the faid A. B. the faid Rent Charge or Annuity of 50l. per Annum out of the Intereft of the faid Purchase-Money according to the Direction of the faid Articles, the Sums fo paid to the faid A. B. amounting in the whole to the Sum of, &c. And whereas upon an Account made and stated by and between the faid H. H. and T. B. of all and every the Sum and Sums of Money paid by the faid T.B. unto or by the Order and Direction of the faid H. H. And to the faid A. B. out of the faid Purchase-Money, and Intereft thereof; there yet remains due from the faid T. B. to the faid H. H. the Sum of 300l. Part of the faid Purchase-Money of 1500l. agreed to be paid to the faid H. H. &c. as by the faid Account allowed by the faid H.H. under his Hand, and annexed to this prefent Indenture, may more fully appear. Now this Indenture witnesseth, That for and in Confideration of the feveral Sums in the faid Account mentioned to be paid, and paid by the faid T. B. as aforefaid; and in Confideration of the faid Sum of 2007. of, &c. the Remainder due upon the faid Account as afore→ faid to the faid H.H. and of 5 s. of like Money to the faid K.H. likewise in Hand paid by the

faid T.B. at and before the fealing and delivery of these Prefents; the Receipt whereof, and of every Part and Parcel thereof, the faid H. H. and K.H. do hereby confefs and acknowledge; and thereof, and of every Part thereof, do acquit, release and discharge the faid T. B. his Heirs, Executors and Adminiftrators, by thefe Prefents: And alfo in Confideration of the faid Sum of 5ool. by the faid Articles of Agreement concluded to be kept and remain in the Hands of the faid T.B. his Heirs, Executors and Adminiftrators, for his and their Security against the said RentCharge of sol. per Annum; which with Intereft for the fame, after the Rate of 51. per Cent. per Annum, or fo much thereof as fhall be due and remaining in his or their Hands at the Time of the Death of the faid A. B. is to be paid by the faid T.B. his Heirs, Executors and Administrators, unto the faid H.H. his Executors, Adminiftrators or Affigns, immediately after the Death of the faid, &c. purfuant to the faid recited Articles; the Eftate and Intereft of the said, &c. in and to the said Capital Meffuage, Farm and Premiffes, being fince the making of the faid recited Articles purchased by the faid H. H. of and from the faid, &c. for a valuable Confideration; and the faid Premiffes thereby acquitted and difcharged from all Charges, Claims and Incum brances which the faid, &c. had or might have, of, in and to the fame: He the faid H. H. and and K. his Wife, Have granted, ratified and confirmed, and by these Presents do, for them and their Heirs, grant, &c. unto the faid T. B. his Heirs and Aligns, the faid Capital Meffuage or Farm, Lands, Tenements, and all and fingular

fingular other the Premiffes, and every Part and Parcel thereof, with the Appurtenances; in the above recited Indenture of Release and Articles mentioned. And the faid H. H. and K. his Wife, have remifed, released, and for ever quit-claimed, and by these Presents do remife, release, and for ever quit-claim unto the faid T. B. his Heirs and Afligns, the faid Provifo or Condition in the faid recited Inden ture of Release mentioned and contained, and all Benefit and Equity of Redemption of the faid Capital Meffuage or Farm, Lands, Tenements and Premiffes, which they the faid H. H. and K. his Wife, have, or hath or may claim, either in Law or Equity, by Virtue of the faid Provifo or Condition: And alfo all the Eftate, Right, Title, Intereft, Claim and De mand what foever of them the faid H. H. and K. his Wife, of, in or to the faid Capital Mef fuage or Farm, Lands and Premiffes, and of, in and to every or any Part or Parcel thereof, with their Appurtenances. To have and to hold the faid Capital Meffuage or Farm, Lands, Tenements, and all and fingular other the Pre miffes above-mentioned, and every Part and Parcel thereof, with the Appurtenances, unto the faid T. B. his Heirs and Affigns, To the only proper Ufe and Behoof of the faid T. B his Heirs and Affigns for ever, and that fully and abfolutely, without any Manner of Condition or Limitation whatsoever. And the faid H. H. for himself, his Heirs, Executors and Adminiftrators, doth covenant, promife and grant, to and with the faid T. B. his Heirs and Affigns, by these Prefents, in Manner and Form following; (that is to fay) That he the faid H.H. now hath good Right, full Power,

and

and lawful and abfolute Authority, to grant, release and confirm the faid Capital Mefluage, Farm and Premiffes, to the faid T. B. his Heirs and Affigns, in Manner and Form aforefaid. And that it fhall and may be lawful to and for the faid T. B, his Heirs and Affigns, from Time to Time, and at all Times, for ever hereafter, peaceably and quietly to have, hold, ufe, occupy, poffefs and enjoy, all and fingular the faid Premiffes, and every Part and Parcel thereof, with their and every of their Appurtenances, without the Let, Suit, Trouble, Eviction, Ejection, Disturbance or Denial of them the faid H. H. and K. his Wife, their Heirs, Executors, Adminiftrators or Affigns, or of or by any other Perfon or Perfons whatfoever claiming, or to claim, from, by or under him, her, them, or any of them, And alfo, That the faid Capital Meffuage and Farm, Lands, Tenements and Premiffes, and every Part and Parcel thereof, with their and every of their Appurtenances, now are, and fo fhall from Time to Time, and at all Times hereafter, remain, continue and be unto the faid T. B. his Heirs and Affigns, free and clear, and freely and clearly acquitted, released and difcharged, or otherwife well and fufficiently faved, kept harmless and indemnified by the faid H. H. his Heirs and Affigns, of and from all and all Manner of former and other Gifts, Grants, Bargains, Sales, Leafes, Jointures, Wills, Entails, Statutes Merchant and of the Staple, Recognizances, Judgments, Extents, Executions, Fines, Poft-Fines, Amerciaments, Rents, Arrearages of Rents, and of and from all other Eftates, Titles, Troubles, Charges and Incumbrances whatfoever, had, made,

com

« ForrigeFortsett »