Volume 725, Page 327 View pdf image |
(327) to be contained and in such manner and form as by counsel learned in the Law shall be devised advised or required unto and upon which said writ of entry the said Susanna Heath shall appear gratis and vouch to warranty the common vouchee who shall likewise appear gratis and enter freely into the warranty and afterwards make default and depart in Contempt of the Court so that Judgment may be thereupon had and given for the said Benjamin Rumsey to recover the said Lands premisses and Tenements with the Appurtenances against the said Susanna Heath and for the said Susanna Heath to recover over in value against the common vouchee to the end that one perfect common Recovery with single 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 Recoveries in such cases used and the same Recovery also is to be executed by one writ of habere facias Seisinam accordingly And it is further covenanted concluded granted and agreed by and between the parties to these presents the said Susanna Heath for herself and her Heirs and the said Benjamin Rumsey for himself & his Heirs that the said Recovery shall be had and suffered as aforesaid before the end of October Provincial Court next ensuing and that the said Recovery so as aforesaid or in any other manner to be had or suffered of the Land Premisses or Tenements aforesaid with the Appurtenances and the Execution thereon and the full Force Effect and virtue of the same shall be and enure and shall be deemed adjudged and taken and is meant and intended and by these presents is hereby declared to be and enure and the said Benjamin Rumsey and his Heirs from and immediately after the suffering and the execution thereof had and made shall stand and be seised of all and singular the said Lands premisses and Tenements with the Appurtenances and every part and parcel thereof to and for the only proper use Benefit and Behoof of the said Susanna Heath her Heirs and Assigns for ever and to and for none other use intent and purpose whatsoever In Witness whereof the parties to these presents have hereunto set their Hands and Seals the Day and Year first above mentioned Sealed and Delivered Susannah Heath (seal) In the Presence of Fran.s Holland Benjamin Rumsey (seal) Josiah Fitchet 10 sides Recorded the 26.th Day of October 1767 |
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Volume 725, Page 327 View pdf image |
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