Volume 701, Page 355 View pdf image |
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355) enter into Warranty and after their 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 Southy Whittington to Recover the said Messuages or Tenements Lands Hereditaments and Premisses against the said Stephen Horsey and for the said Stephen Horsey to recover in Value against the said Joshua Atkinson and Elizabeth his Wife and the said James Atkinson and for the said Joshua Atkinson and Elizabeth his Wife and the said James Atkinson to recover in Value against the Common 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 Seizinam accordingly, And it is hereby further 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 aforesaid or in any other manner to be had and suffered of the said Messuages Tenements Lands Hereditaments and Premisses above mentioned shall be and enure and shall be Deemed Adjudged and taken and is meant and intended and by all the said Parties is hereby Declared to be and enure and the said Stephen Horsey and his Heirs from and immediately after suffering the same Recovery shall stand and be Seized of all and singular the said Messuages Tenements Lands and Hereditaments above mentioned and every part & Parcel thereof with the Appurtenances to and for the only proper Use and Behoof of him the said Southy Whittington his Heirs and Assigns forever and to and for no other Use Intent or Purpose whatsoever In Witness whereof the Parties afores.d to this Indenture Interchangeably their hands have set and Seals Affixed severally the day and Year first above written his in Presence of Joshua A Atkinson Seal Levin Wilson mark her Elizabeth L Atkinson Seal George Livingston mark James Atkinson seal Southy Whittington seal On the back of the aforegoing Deed was thus Endorsed Viz.t Maryland to wit Be it Remembered that on the fifth day of April in the Year of our Lord God One Thousand Seven hundred fifty and three Personally appeared before me the Subscriber one of the Right Honourable the Lord Proprietary his Justices of the Provincial Court of Maryland all the Parties to the within Deed (the within named Elizabeth Wife of Joshua Atkinson being Privately Examined out of the hearing of her said Husband whether she doth make her (Acknowledgm.t) |
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Volume 701, Page 355 View pdf image |
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