174 Assembly Proceedings, 1694-1728.

Liber LL, 4
Acts

for the more sure and Certaine paym^t of the said sume authorize and
Empower the said Robert Smith to sell and dispose of his the said
Withers his plantatⁿ in Chester with all the land and Stock then
thereunto belonging and when so done to satisfie himself out of the
purchase mony and to acc^t for the remainder if any and did thereby
Oblidge himself and his heirs to allow and Confirme the Sale thereof
in as full large and ample manner as if he himself had done the
same, and thirdly for the more sure payment of the said Sume and
for divers good Causes and Considerations him thereunto more
Especially moveing, neither of the above Conditions being per-
formed he did thereby give grant and release unto the said Rob^t
Smith his heirs or assignes all the whole Estate right title and
Interest that he then had in the said plantatⁿ by Vertue of a deed for-
merly to him made by the said Robert Smith and Enrolled in Talbot
County records To have and to hold unto him the said Robert Smith
his heirs or Assignes for Ever in as full large and ample manner as
if the s^d deed from the said Smith to him had never been Sealed nor
delivered togeather with all the Stock of Cattle Sheep and hoggs
that were then upon the said plantation to Enter upon take and
possess the same at his the said Robert Smiths will and pleasure after
the twentyeth day of October then next without the lett trouble or
denyall of the said Withers his heirs Ex^rs or adm^rs to the only proper
use and behoof of him the s^d Robert Smith his heirs or Assignes
for Ever In Wittness whereof the s^d Samuell Withers thereunto put
his hand and Seale the said third day of March in the year Sixteen
hundred ninety and Six af^d And for that the said bond appears fair
without any receipts or memorandums of paym^t of part of the Sume
therein menconed and for that it does not appear that Ever the said
Robert Smith made Sale of the af^d land and Stock for the payment of
the said debt as in the second part of the Condition thereof is directed
and for that it appears to have been the Intent of the said Samuell by
the third part of the said Condition that neither of the former parts
being Complyed w^th the said land should be and remain unto the said
Robert Smith his heirs and Assignes as fully firmly and amply as if
the same had been duly mortgaged by the said Sam^l Withers to the
said Robert Smith Esq^r for the paym^t of the debt in said bond men-
coned according to the form of the Act of Assembly for quieting

p. 87

possessions Enrolling Conveyances and Secureing the Estates of
purchasers, that it does not appear that the said Samuell Withers
ever disposed of or devised the said land to any other person Either
by deed or will but left it undisposed of that it might Continue a
Security for the said debt. And for that the Clauses in the Condition
of said bond does not amount unto a mortgage of said land to said
Robert for the security of the debt af^d nor unto a deed of Sale thereof
for the paym^t of the same debt according to the af^d Act of Assembly
of this province for Quieting possessions enrolling Conveyances and
Secureing the Estates of purchasers, and for that the said Sam^l is