Volume 701, Page 316 View pdf image |
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316) and on the South side of the said Fork of the Branches afsd it being the same Land that was by the afsd Thomas Cox Conveyed unto the above Named Lewis Disheroone and Jane his Wife by Deed bearing date on or about the Seventh day of January in the Year of our Lord God One Thousand Seven hundred and twenty ^and^ three (relation being thereunto had may appear) be the same Parcel of Land of what Quantity Quality Nature or Kind so ever, Together with all Messuages Buildings Improvements Profits Priviledges Hereditaments and Appurtenances whatsoever unto the said Parcel of Land belonging or in any manner appertaining and the Reversions and Remainders Rents Issues and Profits thereof or incident thereunto To have and to hold the afsd Messuages Tenement Lands and Premisses above mentioned and every part and Parcel thereof with the Appurtenances unto the said John Handy and his Heirs for ever to the Intent and Purpose only That the said John Handy shall and may become perfect Tenant of the Freehold of the said Messuages Tenement Lands and Premisses and shall and may stand and be Seized thereof untill a good and perfect Comon Recovery with double Voucher over may be duly had Suffered and Executed of the said Messuages Tenement Lands and Premisses according to the Usual Course of Comon Recoverys for the Assurance of the Lands and Tenements in such Cases used and Accustomed, And thereupon it is Covenanted Concluded and Agreed by and between all the said Parties to these Presents for themselves and their and every of their Heirs by these Presents in manner and form following that is to say That the said John Handy shall and will permit and suffer the said Benjamin Handy before the end of September Term next coming to sue forth and Prosecute against him the said John Handy one Writ of Entry Sur Disseisin en le Post returnable before his Lordships Justices of the Provincial Court at the City of Annap.s thereby demanding against the said John Handy the said Messuages Tenement Lands Hereditaments and Premisses herein before mentioned by such Name & Names Number of Acres Quantitys Qualitys Terms and Discriptions in the said Writ to be contained and in such manner and form as by Council learned in the Law shall be Advised unto and upon which said Writ of Entry so to be Prosecuted and sued forth the said John Handy shall appear Gratis and Vouch to Warranty the said Lewis Disheroon which said Lewis Disheroon shall appear either in Person or by Attorney Lawfully Authorized and enter into Warranty and after his Entry into Warranty shall Vouch to Warranty the Common Vouchee who shall likewise appear and Imparle and afterwards make default and depart in Contempt of the Court so that Judgment may be thereupon had and given for the said Benjamin Handy to recover the said Messuages or Tenement Lands Hereditaments and Premisses against the said John Handy and for the said John Handy to recover in Value against the said Lewis Disheroon and for the said Lewis Disheroon to recover in Value against the Comon Vouchee To the end one perfect Common Recovery with double Voucher may be thereupon had and suffered and all and every other thing and things be done and perfected needfull and convenient for the having and suffering the same Recovery according to the Course of Common Recoverys in such Cases Used, And the same Recovery is also to be Executed by one Writ of Habere facias Seisinam accordingly And it is further hereby Covenanted Concluded and Agreed by and between all the said Parties to these Presents for themselves and every of them their and every of their Heirs that the said Recovery so as afsd or in any other manner to be had and suffered of the said Messuages Tenement Lands Hereditaments & Premisses above mentioned shall be and enure & shall be Deemed Adjudged and taken (and) |
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Volume 701, Page 316 View pdf image |
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