Volume 701, Page 256 View pdf image |
256) Covenanted Granted Concluded and Agreed by and between all the said Parties to these Presents that it shall and may be Lawfull to and for the said Beale Nicholson before the last day of the next Provincial Court to Prosecute out of the high Court of Chancery one or more Writ or Writs of Entry Sur Disseisin in the Post against the said Thomas Jennings returnable to the next Provincial Court whereby the said Beale Nicholson shall and may respectively demand against the said Thomas Jennings the said Several Tracts or Parcels of Land and Premisses with the Appurtenances by such Name or Names Quantity or Quantitys Quality or Qualitys Number or Content of Acres as shall be thought fit and requisite unto which said Writ or Writs the said Thomas Jennings shall appear in Proper Person and shall Vouch to Warranty the said Samuel Howard and John Brice who shall appear Gratis upon the Voucher and shall enter into Warranty and shall Vouch over to Warranty the Common Vouchee and the Common Vouchee shall appear and imparle and afterwards make default whereby one or more Judgment or Judgments may be had and given for the said Beale Nicholson for Recovery of the said Several Tracts or Parcels of Land and Premisses against the said Thomas Jennings and for the said Thomas Jennings to recover over in Value against the said Samuel Howard and John Brice and for the said Samuel Howard and John Brice to recover over in Value against the Common Vouchee according to the manner and form of Common Recoverys in such Cases Used And Whereas the said Samuel Howard did by his certain Indenture bearing date the sixth day of October Seventeen hundred and fifty one made between the said Samuel Howard and the said John Brice for the Consideration Money therein mentioned Give Grant Bargain Sell Alien Enfeoff and Confirm unto the said John Brice (among other Lands and Chattels) the Lands & Premisses afsd And Whereas the said Samuel Howard should and would at his own Proper Cost and Charges at the next Provincial Court to be held for the Province of Maryland suffer a Common Recovery with single Double or Treble Vouchers such as the said John Brice or his Councel learned in the Law should Devise or Require for docking or cutting off the Intail and for more firmly Conveying the said Lands to the said John Brice his Heirs and Assigns for Ever with a Condition or Proviso in the said Indenture contained That in Case the said Samuel Howard his Heirs or Executors should and would well and truly pay or cause to be paid to the said John Brice his Heirs Executors or Administrators the several Sums of Two hundred and ninety four Pounds fifteen Shillings and two pence Currency and three hundred and sixty one Pounds fifteen Shillings and nine pence Sterling with legal Interest on the said Sums of Currency and Sterling at or upon the Tenth day of May next ensuing the date thereof and also the Charge of drawing and Recording the said Indenture and of drawing and Recording an Assignment from Charles Carroll Esq.r of two Judgments in the said Indenture Specifyed without Fraud or further delay that then the said Indenture and every Article and Clause therein contained should be Void and of no Effect else to remain in full force and Virtue in Law as by the (said) |
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Volume 701, Page 256 View pdf image |
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