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81) Taken and Acknowledged the day and Year aforesaid before me according to Law Recorded Sept.r 14.th 1750 Geo Dent Ex.d This Indenture Tripartite made the Thirtieth Day of August in the Year of our Lord One Thousand Seven hundred and fifty Between Roger Smith of Charles County in the Province of Maryland Planter and Mary his Wife of the first part Barton Warren of Charles County in the Province aforesaid ^of the second part and Richard Brooke of S.t Marys County in the Province aforesaid^ Planter of the third part Witnesseth that for and in Consideration of the Sum of five Shillings Current Money by him the said Richard Brooke in hand paid to the said Roger Smith and Mary his Wife at or before the ensealing and delivery of these Presents the receipt of which said Sum of five Shillings is hereby respectively Acknowledged and the said Richard Brooke his Executors and Administrators thereof and therefrom for ever by these Presents Acquitted and Discharged And for the Docking Barring and Extinguishing all Estates Tail and all Reversions and Remainders thereupon expectant or depending of and in the Lands Tenements and Hereditaments herein after mentioned They the said Roger Smith and Mary his Wife Have Granted Bargained Sold Aliened Released and Confirmed and by these Presents Do Grant Bargain Sell Alien Release and Confirm unto the said Richard Brooke (in the Actual Possession of the said Lands Tenements and Hereditaments herein after mentioned now being by Virtue of a Bargain and Sale to him thereof made by the said Roger Smith and Mary his Wife for five Shillings Consideration by Indenture bearing date the day next before the day of the date thereof and by force of the Statute for Transferring Uses into Possession) and to his Heirs All that Tract or Parcel of Plantable Land Situate lying and being in Chaptico in Saint Mary's County afs.d called Notley's Addition containing four hundred and fifty Acres of Land more or less with the Appurtenances thereto belonging or in any wise appertaining and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits of the said Lands Tenements and Hereditaments and Premisses with their and every of their Appurtenances and all the Estate Right Title Interest Use Trust Property Possession Claim and Demand whatsoever both at Law and in Equity of him the said Roger Smith and Mary his Wife of in or to the said Lands Tenements Hereditaments and Premisses hereby Granted and Released or mentioned or Intended so to be with their and every of their Appurtenances unto the said Richard Brooke his Heirs and Assigns to and for the Use and behoof of the said Richard Brooke his Heirs and Assigns forever to the Intent and Purpose that he the said Richard Brooke 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 Covenanted and Agree by and between all other said parties to these Presents that before the end of next September Term or some other ensuing Term at the Costs and Charges of the said Roger Smith and Mary his Wife 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 at Annapolis in the Name of the said Barton Warren as Plaintiff for Demandant against the said Richard Brooke as Tenant whereby the said Barton Warren shall demand against the said Richard Brooke the said Lands Tenements Hereditaments and Premisses herein before Granted and released or mentioned or Intended so to be with (their) |
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