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Freehold Titles (ERO D/DElT61 fifth document Sam Carter to Jn Pattrick Sadlers etc)

24.12.1715 (Monday 24 December 1715)

document 29600073

this indenture made the 24.12.1715 between Sam Carter of Great Coggeshall gentleman and Mary his wife one of the daughters of Rich Hayward late of Earls Colne in the said county yeoman deceased who was brother and next heir at law of and to Mich Hayward late of Earls Colne aforesaid yeoman deceased of the one part and Jn Patrick of Earls Colne aforesaid yeoman of the other part witnesseth that for and in consideration of the full sum of forty pounds of lawful money of Great Britain by the said Jn Patrick to the said Sam Carter well and truly in hand paid at or before the ensealing and delivery of these presents for the complete and absolute purchase of the messuage or tenement and croft of land with appurtenances hereinafter mentioned the receipt whereof the said Sam Carter doth hereby acknowledge and thereof and of every part thereof doth acquit exonerate and discharge the said Jn Patrick his heirs executors administrators and every of them for ever by these presents they the said Sam Carter and Mary his wife have and each of them hath granted bargained sold released aliened quitclaimed and confirmed and by these presents do and each of them doth fully and absolutely grant bargain sell release alien quitclaim and confirm unto the said Jn Patrick in his actual possession now being by virtue of a bargain and sale to him whereof made for one year by the said Sam Carter and Mary his wife in and by the indenture bearing the date the day next before of these presents and by force of the statute for transferring and uses into possession and his heirs and assigns forever all that freehold messuage or tenement and croft of land and all and singular every of the houses edifices buildings yards gardens as all other appurtenances thereunto belonging whatsoever situate and lying and being in the parish of Earls Colne aforesaid and White Colne in the said county or one of them between the lands formerly of the prior and convent of the same town called Spillswater land on the one side and the land formerly of Jn Perrycox and since of Robt Gouldwire on the other side one head thereof abutteth on the kings highway leading from Earls Colne aforesaid towards Colchester and the other head thereof upon the land called Peercemill lane which said messuage or tenement croft of land and premises were formerly of and belonging to the said Mich Hayward and it did descend and come to the said Rich Hayward as brother and next heir at law to the said Mich which said Rich Hayward by his last will and testament in writing bearing date 9.7.1693 did give and bequeath all and singular of the said premises with their appurtenances to the said Mary his daughter and to her heirs and assigns forever as in by the last will and testament relation being thereunto had may or at large appear and the reversion and reversions remainder or remainders together with the rents issues and profits of all and every of the said premises hereby named or mentioned or intended to be hereby granted and all and every the estates rights title interest trust propriety inheritance claim and demand whatsoever in law and equity of him the said Sam Carter and Mary his wife or either of them of in and unto the said premises and every or any of the part or parcel thereof and the said Sam Carter doth by these presents grant unto the said Jn Patrick his heirs and assigns all deeds evidences transcripts or exemplifications fines and recoveries writings muniments whatsoever touching or concerning the said premises or any part or parcel thereof now in the custody or possession of the said Sam Carter or any other person or persons by his delivery or privity and which he can or may come by without suit at law or expense of money to have and to hold the said messuage or tenement and croft of land and all and singular of the premises hereby granted mentioned or intended to be granted with their and every of their appurtenances to the said Jn Patrick his heirs and assigns absolutely and forever to and for the only proper use and behoof the said Jn Patrick his heirs and assigns absolutely and forever without any manner of condition redemption trust or revocation whatsoever and the said Sam Carter doth for himself his heirs executors and administrators covenant and grant to and with the said Jn Patrick his heirs and assigns by these presents that the said Sam Carter and Mary his wife shall and will before the end of hilary term the date next ensuing the date of these presents acknowledge and levy in the court of common pleas at Westminster before his majestys justices there one or more fine or fines sur cognisance de droit come ceo etc to be engrossed recorded and sued with proclamations according to the form of the statute in that case made and provided and the usual course of fines with proclamation for assurance of land in such cases used unto the said Jn Patrick and heirs of all the said messuage or tenement and the said croft of land and all the premises hereby granted or mentioned or intended to be hereby granted with every of their appurtenances by such apt and convenient name or names and other certainties and descriptions as shall be fit and requisite in that behalf and is as hereby declared and fully agreed by and between all the said parties to these presents for them and their heirs and that the said fine or fines herein afore covenanted to be levied and all and every other fine and fines at any time or times hereafter to be levied or executed by or between the said parties to these presents or any of them alone or together with any other person or persons of and concerning the said premises hereby granted or mentioned or intended to be hereby granted or any of them any part or parcel thereof alone or together with any other lands or tenements and the full force and execution of the said fine or fines shall be and insure and shall be construed and taken to be and enure as to and concerning all and every of the said freehold premises hereby granted or mentioned or intented to be mentioned hereby granted their appurtenances and the said Jn Patrick and all and every of the (torn) is the aforesaid fine or fines his there and every of their heirs shall stand and be seised of and in every of the said freehold premises with appurtenances to and for the and proper use and behoof of the said Jn Patrick his heirs and assigns for ever and to and for none other use intent or purpose whatsoever and the said Sam Carter doth for himself heirs executors and administrators and for every of them covenant and grant to and with the said Jn Patrick his heirs executors administrators and assigns and to and with every of them by these presents in manner and form following that is to say that for and not withstanding any act or thing wittingly or willingly done or suffered by the said Sam Carter or Mary his wife to the contrary they now are and stand or one of them is and standeth lawfully and rightfully seised of and in the said messuage or tenement croft of land and all and singular of all the premises hereby granted or mentioned or intended to be hereby granted with their appurtenances of the good and lawful absolute and indefeasible estate of inheritance in fee simple without any manner or condition continuant proviso limitation of use or uses or other restraint matter or thing to determine alter or change the same and that the said Sam Carter and Mary his wife now hath or one of them hath good right full power and lawful and absolute authority to grant and convey all and every of the said premises with their appurtenances unto the said Jn Patrick his heirs and assigns in manner and form aforesaid and that it shall be and may lawful to and for the said Jn Patrick his heirs and assigns from time to time at all times forever hereafter peaceably and quietly to enter upon to have hold occupy possess and enjoy the said premises intended to be hereby granted bargained sold with every of their appurtenances and receive and take all the rents issues and profits thereof and every part and parcel thereof to his and their own use and uses according to the true intent and meaning of these presents without any of the let suit trouble eviction disturbance or interruption of or by the said Sam Carter and Mary his wife or either of them or of or by any other person or persons lawfully claiming or to claim from by or under them or either of them and that free and clear and freely and clearly acquit and exonerate and discharge or well and sufficiently saved harmless and kept indemnified or from or against all former and other gifts grants bargains sales leases mortgage jointures dowers and of and from the jointure or dower of the said Mary uses trusts wills intails rents or surrenders forfeitures seizures causes of forfeiture or seizure equity had made committed done and occasioned or suffered by the said Sam Carter and Mary his wife or by any other person or persons lawfully claiming or to claim from by or under him them or either of them the rents and services from henceforth to grow due and payable to the lord or lords of whom the said premises are holden for and in respect of the tenures thereof out of all and singular the covenants aforesaid only accepted and foreprized and furthermore that the said Sam Carter his heirs and assigns and the said Mary his wife and all and every other person and persons lawfully claiming or to claim from by or under her them or any of them shall and will from time to time and all hereafter upon every reasonable request and at the only cost and charges in the law of the said Jn Patrick his heirs and assigns or any of them make levy execute or suffer or cause and procure to be made levied executed and suffered or and every such further and other lawful and reasonable act and acts conveyances and assurances in law whatsoever for the further better and more perfect conveying and assuring establishing and confirming of the said messuage or tenement and all and singular other the premises with appurtenances to and upon the said Jn Patrick his heirs and assigns according to the true intent and meaning of the se presents be the same by fine or fines common recovery or recoveries with one or more voucher or vouchers feoffment or feoffments deed or deeds enrolled or not enrolled surrender or surrenders release or confirmation or by all and every or any of the said ways or means or by any other ways or means in the law whatsoever as by the said Jn Patrick his heirs and assigns or any of them his heir or any of their council learned in the law shall by reasonable or reasonably devised and advised or required so as the party or parties that shall make the same be not compellable for the doing thereof to travel further than the cities of London and Westminster or which said further or other conveyances or assurances shall be and endure and are by all the said parties to these presents hereby agreed and declared to be and endure as to and concerning the said premises to and for the only use of the said Jn Patrick his heirs and assigns absolutely and forever in witness whereof the said parties have to these presents interchangeably set their hands and seals the day and year first above written Sam Carter Mary Carter