Volume 70, Page 299 View pdf image (33K) |
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Provincial Court Proceedings, 1683. 299 tweene the said partyes shall be and enure and shall be Adjudged Liber W. C. Deemed Construed taken to be and Enure to the proper use and behoofe of the said Mareen Duvall his heires and Assignes for Ever as by the same Indenture it may fully appeare And the said Mareen Duvall further sayth that although he from the time of the makeing of the said Indenture untill the day of the Obtaining of the Orriginall writt of the said Mareene, hath well and faithfully observed fulfilled & kept all and singular the Covenants promisses grants & agreements in the Indenture aforesaid above specifyed on the part of the said Mareene Duvall to be observed performed fulfilled and kept according to the force forme & effect of the Indenture aforesaid Protesting also that the aforesaid Thomas Bowdle hath not observed performed fulfilled and kept any Cove nant promise grant or agreement in the Indenture aforesaid above specifyed on the part of the same Thomas Bowdle to be Observed performed fulfilled and kept according to the forme and Effect of the Indenture aforesaid, In ffact the same Mareen Duvall sayth that the aforesaid Thomas Bowdle at the time of the Ensealeing & Delivery of the Indenture aforesaid here in Court Shewed forth did not stand Solely & Lawfully Seized of and in the said One full Moyety or halfe of the said parcell of Land & premisses aforesd with the appurtenances before by the Same Indenture Given granted bargained sold aliened Enfeoffed and confirmed or mentioned and intended to be Given granted bargained Sold aliened Enfeoffed and Confirmed and every part and parcell thereof with the appurtenances of a good sure rightfull perfect Lawfull and undefeizeable Estate of Inheritance in ffee Simple without any Condition Mortgage or Limi tacon of any use or uses wch shall or may Alter change or Determine the same according to the forme and Effect of the Indenture afore said, And the said Mareene Duvall further in fact sayth that the aforesaid Thomas Bowdle at the time of the Ensealeing and delivery of the Indenture aforesaid here in Court shewed forth had not in himself full power good right and Lawfull authority to Give grant bargaine sell alien Enfeoffe and Confirme the prmisses aforesaid in the Indenture aforesaid above Specified & every part and parcell thereof to the said Mareen Duvall his heirs and Assignes according to the fforme and Effect of the Same Indenture, And the said Mareene Duvall ffurther in fact sayth that the aforesaid Thomas Bowdle all and Singular the said one full moyety or half e of the said parcell of land before mentioned by the Said Indenture to be bargained premisses with the appurtenances & Every part and parcell thereof unto the said Mareene Duvall his heires & Assignes forever to and for his and their owne proper use and behoof as aforesaid from and against the said Thomas Bowdle and his heires and against all and every other pson and persons whatsoever Doth not warrant and defend according to the forme and Effect of the Same Indenture, |
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Volume 70, Page 299 View pdf image (33K) |
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