| Volume 70, Page 299 View pdf image (33K) |
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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