Volume 717, Page 286 View pdf image |
276) 286 or under him them or any of them Provided alwaies & it was neverthelesse agreed & Concluded by & between the parties to these presents & it was the true Intent & meaning thereof that if the said William Holmes his heires Executors or Adm.rs should make default in payment of the before mentioned sume of eight thousand pounds of tobacco to the said Robert Carvile his Executors Adm.rs or Assignes at the severall & respective daies of payment therein specified in part or in all that then that present Indenture of Bargaine & sale & all & every Covenants Article Clause and agreement therein specified mentioned & Contained should Cease determine & be void & of none effect any thing in these presents Contained to the Contrary thereof in any wise notwithstanding Now this Indenture further witnesseth that the said William Holmes & Frances his wife & Robert Carvile for & in Consideration of the sume of six thousand pounds of good sound Merchantable tobacco & Casque to him the said Robert Carvile well & sufficiently paid & secured to be paid to the said Robert Carvile his Executors Adm.rs or Assignes by the said John Baker his Executo.rs Adm.rs or Assignes the receipt of the security whereof the said Robert Carvile doth hereby acknowledge to have receive & in Consideration that the said Robert Carvile doth by these presents deliver up to be cancelled to the said William holmes one bond of sixteen thousand pounds of tobacco penaltie with Condition for the payment of the severall sumes of tobacco aforesaid att the Daies & times aforesaid And also in Consideration that the said Robert Carvile doth for himselfe his heires Executors & Adm.rs by these presents Remise Release & for ever quitt Claime unto the said William holmes his heires Executors Adm.rs and Assignes all & all maner of Action or Actions Cause or Causes of Actions Claime property advantage benefitt & demand whatsoever of in or to the said Land or any part thereof by vertue of the proviso mentioned in the last recited deed abovementioned or if in touching or Concerning the payment of the severall sumes aforesaid & also for & in Consideration of the sume of five shillings in money sterling by him the said John Baker in hand attaind before the sealing & delivery of these presents paid to the said William Holmes & Frances his wife the receipt whereof they the said William & frances do hereby acknowledge & thereof & of every part & parcell thereof do by these presents fully Cleerly & absolutely remise release execute & discharge the said John Baker his heires Executors & Adm.rs by these presents & for divers other good Causes & Considerations them the said William Frances & Robert thereunto especially moveing have given granted bargained sold released & Confirmed & by these presents do give grant bargain & sell release & Confirme unto the said John Baker & his heires for ever all that the before mentioned parcell of Land lying & being upon S.t Clares Creek In S.t Jeromes bounding on the Creeke side North by a marked Oak & south by a marked pickhiccory being part of the said Lucas his Land wheron he dwelt & by him Laid out & bounded in his Life tyme with all proffits & appurtenances whatsoever to the same belonging to have & to hold the said parcell of Land before by these presents mentioned to be granted bargained & sold to him the said John Baker his heires & Assignes for ever free & Cleer & absolutely quitted & discharged of all maner of former & other bargaines sales guifts grants Judgments titles troubles & Incumbrances whatsoever done by the said William Holmes Frances his wife and Robert Carvile or any Claiming by from or under them or any of them then as is above mentioned & sett forth & the said William Holmes frances his wife & Robert Carvile for themselves their heires Executo.rs & Adm.rs doth Covenant & agree to & with the said John Baker his heires Executo.rs & Adm.rs that he the said John Baker his heires & Assignes shall & may from time to time & att all times hereafter peaceably & quietly hold & inioy the said Land & premises without the Lett suite or Interruption of them the said William Holmes Frances his wife & Robert Carvile or any other person or persons Claiming by from or under them or any of them (then as is before recited) In testimony whereof the said William Frances & Robert have hereunto sett their hands & seal the day & yeer aforesaid William Holmes (sealed) Sealed & delivered in the Presence of Frances Holmes (sealed) Seth Sergeant Robert Carvile (sealed) Thomas Smyth |
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Volume 717, Page 286 View pdf image |
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