Volume 725, Page 409 View pdf image |
(409) Exam.d This Indenture Tripartite made the Second day of September Anno Domini One thousand Seven hundred and Sixty Seven Between John Scholfield of Worcester County of the first part George Hayward of Worcester County of the second part and Littleton Dennis of Worcester County of the third part Witnesseth that the said John Scholfield for the docking barring and cutting of all Estates tail and Remainders in tail of and in the Messuages Tenements lands and Hereditaments herein after mentioned and for the settling and Assuring the Same to and for the uses intents and purposes herein after limited expressed and declared and in Consideration for five Shillings Current Money to him in hand paid by the said george Hayward the Receipt whereof is hereby Acknowledged and for divers other good causes and considerations him the said John in this behalf moving hath granted bargained and Sold remised released and confirmed and by these presents doth grant and bargain sell remise release and confirm unto the said George Hayward his heirs and Assigns for ever that is to Say all five hundred Acres of Land Situate in Worcester County on the Seaboard being part of a Tract Called Smiths first Choice as also part of a Tract of Land Situate in the County af.d in Pokomake Called Dezart and also part of one other tract thereto Adjoining Called Recovery Containing all which Land ^were^ devised by the Last Will and testament of Benjamin Scholfield unto his Brother Joseph Scholfield in fee tail and was afterwards possessed by the said Joseph by virtue of the same devise and dyed thereof possessed and left issue the above named John Scholfield his Eldest Son and heir at Law To have and to hold the said Messuages Tenements lands and premisses above mentioned and every part and parcell thereof with the Appurtenances unto the said George Hayward and his heirs forever to the Intent and purpose only that the said George Hayward shall and may become perfect Tenant of the Freehold of the said Messuages lands and premises and shall and may Stand and be Seized thereof untill a good and perfect Common Recovery with double vouchers over may be duely had suffered and executed of the said Messuages Tenements Lands and premises according to the usual Course of Common Recoveries for the Assurance of Lands and Tenements in such cases used and accustomed And thereupon it is covenanted concluded and agreed by and between all the Parties to these Presents for themselves and their and every of their heirs by these Presents in Manner following (that is to say) that the said George Hayward shall & will before the End of the next or Suceeding Provincial Court to be held at the City of Annapolis permit and Suffer the said Littleton Dennis to sue forth and Prosecute against him the said George Hayward one writ of Entry Sur disseisin enlepost returnable before his Lordships Justices of the Provincial Court thereby Demanding against the said George Hayward the said Messuages tenements Lands Hereditaments and Premisses herein before mentioned by such name and names number of Acres quantities qualities terms and discriptions in the sid writ to be contained and in such manner and form as by counsel learned in the Law Shall be advised unto and upon which said Writt of Entry so to be prosecuted and sued forth the said George Hayward Shall Appear either in person or by his Attorney lawfully Authorised and vouch to warranty the said John Scholfield which said John Scholfield Shall Appear either in person or by his Attorney lawfully authorized and enter in warranty and after his entry into warranty Shall vouch to Warranty the Common vouchee who Shall likewise appear and Imparl and afterwards make default and depart in Contempt of the Court so that Judgment may be |
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Volume 725, Page 409 View pdf image |
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