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658. thereupon expectant or dependant of and in the Lands and Appurtenances herein after mentioned the said James Marshall as demandant did heretofore at the request of the Aforesaid Stephen Cawood prosecute and Sue forth out of his Lordships High Court of Chancery his said Lordships Writ of Entry sur disseisin en le post against the said Stephen Cawood returnable and returned to the provincial Court of Annapolis on the second Tuesday of September instant Whereby the said James Marshall did demand against the said Stephen Cawood all that parcell or part of a tract of Land called Hull lying and being in Charles County aforesaid and theretofore on or about the ninth day of September seventeen hundred and thirty five devised by Stephen Cawood deceased to William Cawood the father of the said Stephen Cawood party thereto with the Appurtenances To which said Writ the said Stephen Cawood did apper by his Attorney and Vouched to Warranty thereof the Common Vouchee of the same Court and such further and other proceedings were thereupon had that the said James Marshall by Judgment of the Court did recover his Seisin against the said Stephen Cawood party hereto of and in the demanded premisses and the said Stephen Cawood did recover over in Value against the Common Vouchee Whereby a common recovery of the aforesaid premisses hath been had and suffered Now this Indenture Witnesseth that for the Selling and declaring the intent and use of the said recovery and for and in consideration of the sum of five Shillings Current Money by the said Stephen Cawood to the said James Marshall already in hand paid It is covenanted granted agreed and Declared by and between the said Parties to these presents that the Common recovery so as aforesaid or in any other Manner had and suffered and the Execution thereof from and immediately after the suffering the same or any other recovery or recoveries of the same Premisses was meant and intended to be and enure and is hereby declared to be and enure and that the recoveror therein named and his Heirs should and shall stand and be Seised of and in the recovered premisses and every part and parcell thereof to and for the only proper Use and Behoofe of the said Stephen Cawood his Heirs and Assigns [illegible] no other use Intent or purpose whatsoever In Witness Whereof the parties to these Presents have hereunto interchangeably set their hands and Affixed their Seals the day and Year first above Written Sealed and Delivered in the presence of James Marshall seal Art.r Bordley JRogers on the Back of the Aforegoing Deed was thus Written Viz.t Received on the day and Year first Within Written of and from the Within named Stephen Cawood the sum of five Shillings Current Money 5 sides being the consideration within mentioned to be by him paid to me Witness I say received P me James Marshall Arthur Bordley JRogers Recorded 26.th Sept.r 1765 |
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Provincial Court Land Records, 1763-1765
| Volume 703, Page 658 View pdf image |
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