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351) And the Revertion and Revertions Remainder and Remainders Rents Issues and Profits of the said Lands and Premisses and all the Estate Right Title Interest Use Trust Property Claim and Demand whatsoever both at Law and in Equity of him the said Thomas Coode of in or to the said Tract or Parcel of Land and Premisses or any part thereof To have and to hold the said Tract or Parcel of Land & Premisses hereby granted and released or mentioned or intended so to be with the Appurtenances unto the said Edward Smoote his Heirs and Assigns to and for the Use and behoof of him the said Edward Smoote his Heirs and Assigns for ever, to the Intent and Purpose that the said Edward Smoote may be perfect Tenant of the Freehold of the said Premisses that a Common Recovery may be had and suffered against him in such manner as ^is^ herein after mentioned And for that Purpose it is hereby Covenanted & Agreed by and between all the said Parties to these Presents that before the end of next April Term or some other Ensuing Term at the Cost and Charges of the said Thomas Coode one or more Writ or Writs of Entry sur Disseisin en le Post shall and may be brought Commenced and Prosecuted out of his Lordships high Court of Chancery returnable and to be returned before his Lordships Justices of the Provincial Court in the Name of the said Stephen Chandler as Plaintiff or Demandant against the said Edward Smoote whereby the said Stephen Chandler shall Demand against the said Edward Smoote the Tract or Parcel of Land and Premisses herein before Granted & Released or mentioned or intended so to be with the Appurtenances by such Apt and Convenient Names and Discriptions as shall be thought proper to ascertain the same to which Writ the said Edward Smoote shall appear Gratis in his own proper Person or by his Attorney or Attorneys lawfully Authorized and shall Vouch to Warrant the same Premisses the said Thomas Coode who shall appear Gratis in his own proper Person or by his Attorney or Attorneys lawfully Authorized and enter into the said Warranty and Vouch over to Warrant the same Premisses the Common Vouchee of the same Court who shall thereupon appear and enter into the said Warranty and after Imparlance make default and depart in Contempt of the Court so that one or more Common Recovery or Recoverys shall and may be had and suffered of the said Premisses with proper Judgments to be thereupon given and Execution Awarded according to the Course of Common Recoverys for Assurance of Lands and Tenements in like Cases used and Accustomed, And it is hereby declared and Agreed by and between all the said Parties to these Presents that from and after the suffering and perfecting the said Recovery or Recoverys as well these Presents and the Assurance hereby made as also the said Common Recovery or Recoverys so as aforesaid or in any other manner or at any other time or times had or suffered or to be had or suffered by or between the said parties to these Presents or any of them their or any of their Heirs and all and every other Common Recovery or Recoverys Fines Conveyances and Assurances in the Law whatsoever already had made Levyed suffered or Executed or hereafter to be ^had^ made Levyed suffered or Executed of the afsd Tract or Parcel of Land and Premisses or any part thereof by or between the said Parties to these Presents or any of them whereunto they or any of them shall be Parties or Privies shall be and Enure and shall be Adjudged Deemed Construed and taken and are and were (meant) |
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Provincial Court Land Records, 1749-1756
| Volume 701, Page 351 View pdf image |
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