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726 marked Double Hickory stand^ing^ on the Western Branch side at a Place Commonly called the Washing Hole thence bounding by with and on the said Western Branch to the aforesaid beginning Tree containing one hundred Acres more or Less To Have and to Hold the said Parcel of Land and all and Singular the Appurtenances thereto belonging to the said Basil Magruder his Heirs and Assigns to the Intent & purpose nevertheless that the said Basil Magruder may be perfect Tenant of the Freehold and Inheritance of all and Singular the aforesaid Premises with the Appurtenances against whom a Common Recovery of the said Parcel of Land with the Appurtenances may be had suffered and perfected at the next Provincial Court to be held at the City of Annapolis on the second Tuesday of April in the Year of our Lord seventeen hundred and seventy in which said Common Recovery it is hereby agreed that the said Benjamin Mackall 4.th shall be Demandant and the said Basil Magruder Tenant and the said Basil Burgess shall be vouchee and he shall Vouch over the Common Vouchee after the Manner and Course of a common Recovery for Assurance of Lands And it is hereby further Covenanted concluded declared and fully agreed by and between all the said Parties to these Presents that the said common Recovery so or in any other Manner to be had and suffered as aforesaid of the aforesaid Premises with the Appurtenances between the said Parties to these Presents shall be Deemed adjudged and taken and so was and is Meant and intended and is hereby Expressly Declared by all and every of the Parties to these Presents to be and enure to the only proper use and Behoof of the said Basil Magruder and his Heirs forever In Witness whereof the said Parties have hereunto set their Hands and Seals the Day and Year first above Written Sealed & Delivered in Presence of Benj Mackall 4.th (seal) W.m Hayward Basil Burgess (seal) Basil Magruder (seal) On the Back of the aforegoing Deed was thus Endorsed Viz.t April 14.th 1770 Then received of Basil Magruder the sum of Two hundred and fifty Pounds Sterling being the Consideration Money within mentioned to be paid Witness W.m Hayward Basil Burgess Be it Remembered that the Parties to the within Deed Came before me one of his Lordships Justices of the Provincial Court and Acknowledged the same to be their Several Acts and Deeds to and for the several Uses Intents and Purposes therein mentioned according to Act of Assembly in that Case made and Provided Taken and Certified this 14.th Day of April 1770 W.m Hayward Ann Arundel County fs.t Be it remembered that on the 18.th Day of April Anno Domini 1770 Came Anna Burgess Wife to the within mentioned Basil Burgess being one of the Parties to the within Deed and being by us Examined as two of his Lordships Justices of the County aforesaid when she did Acknowledge her Right of Dower to the within mentioned Land and Premises willingly and Freely and without being induced thereto by fear or Threats of or ill Usage by her Husband or fear of his Displeasure Taken before John Burgess Jun.r J Walters |
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