Volume 701, Page 157 View pdf image |
157) following Proviso Provided always and ^it^ was the true Intent and meaning of all Parties concerned in that Deed that if the said John Bickerton his Heirs Executors or Administrators should well and truly pay or cause to be paid unto the said Thomas Barkley and Thomas Williamson their Heirs or Assigns or either or any of them at the City of Annapolis the above mentioned Sum of Forty eight Pounds four Shillings and one penny Sterling with the legal Interest thereof at any time within Six Months from the date thereof that then that present Bargain and Sale and all and every Covenant Grant Article and thing therein contained should to all Intents and Purposes be utterly Void and of none Effect But if default ^of Payment^ should be made in part or all Contrary to the form above declared that then that present Bargain and Sale and every Covenant Grant Article and thing therein Contained should to all Intents and Purposes stand remain and abide in its full force as in and by the said Deed Indented Proviso or Condition Signed Sealed and Delivered duly Acknowledged and Recorded relation being thereunto had more fully appeared Which said Sum of Forty eight Pounds four Shillings and one Penny Sterling or any part thereof was not paid or tendered to be paid to the said Thomas Barkley and Thomas Williamson or either of them at the day of the Proviso of Redemption limitted for Payment thereof and yet remains unpaid by reason whereof the ^said^ Land and Premisses and the whole Estate of the said John Bickerton therein became forfeited to the said Thomas Barkely and Thomas Williamson And Whereas the said Thomas Barkley by many Loses and Misfortunes in Trade and otherwise is Totally rendered Incapable to pay his own Debts and that the Payment of the said Sum of Forty eight Pounds four Shillings and one Penny Sterling was only made by the said Thomas Barkley in a Bill of Exchange drawn by him to the said Thomas Williamson and by him Endorst to the said John Bickerton which is since return'd Protested and the said Thomas Williamson is become liable to the Payment thereof with Interest and Protest And Whereas the said Thomas Williamson by his Acceptance hereof has undertaken to Indempnify the said Thomas Barkley from the Payment thereof Now this Indenture further Witnesseth That the said Thomas Barkley for and in Consideration of the Premisses and that the said Thomas Williamson has undertaken to Indemnify him from the Payment of the afs.d Bill & Protest as also for and in Consideration of the Sum of five Shillings Current Money to him in hand paid by the said Thomas Williamson at and before the ensealing and delivery of these Presents the Receipt whereof is hereby Acknowledge Hath Granted Bargained Sold Assigned and set over and by these Presents Doth fully Clearly and Absolutely Grant Bargain Sell Assign and set over unto the said Thomas Williamson his Executors Administrators and Assigns as well the said Tract of Land and all other the Premisses with the Appurtenances whatsoever and Negroes aforesaid in and by the said Indenture of bemise Granted to the said Thomas Barkley and Thomas Williamson as aforesaid and also all the Estate Right Title Interest Property Claim and Demand whatsoever which he the said Thomas Barkley his Ex.rs Adm.rs or Assigns now hath may or might to have or Claim in or to the said Tract of Land and Premisses or any part thereof and Negroes afs.d by force and Virtue of the said Indenture of Mortgage above recited or of any thing therein mentioned or contained Together with the said Indenture of Mortgage or Demise aforesaid and all other Writings relating to or concerning the same To have and to hold the said Tract of Land and Premisses with the Appurtenances and Negroes afsd unto the said Thomas Williamson his Ex.rs Adm.rs and Assigns to his and their own Proper Use and Behoof in as large Ample and Beneficial manner and form to all Intents and Purposes as he the said Thomas Barkley now hath or might or (ought) |
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Volume 701, Page 157 View pdf image |
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