Part 267s - Smith Robertson Genealogy - Indenture Research - 1828 James Smith - Good Hope Estate Again

24 April 2010

Evening,

Bzzz Pictures, Images and Photos Our two days of spring are over. I can feel the heat and the humidity just there around the corner. The droning of the blood-thirsty ‘quitos play havoc around my ears. I need two extra swatting hands when I’m walking the four dogs. And one thing for dang sure I’m not freezing.
Bzzz Pictures, Images and Photos
My work with the Transcription Project continues. This Record from the Grenada Registers of Records is comprised of four pages; 577 to 580. It follows the Indenture from pages 575, 576, and 577 and is a part of the transaction between James Smith and William Stuart. All-things-being-equal this could be ggg-grandfather James Smith but there is no discernible clue of his genealogy or ancestry.

The Record has been downloaded from Item 3 of the microfilm FHL [1563380].

Here are the pages 577, 578, 579, and 580:


My transcription -
(577)

Xd

This Indenture made the twenty second day of July in the
year of our Lord one thousand eight hundred and twenty eight Between
William Stuart of Inverugie ^in Scotland Esquire and Helen his wife of the
one part and James Smith of the Island of Grenada Carpenter of
the other part; Witnesseth that for and in consideration of the sum
of One hundred pounds Current money of the Island of Grenada by the
said James Smith to the said William Stuart in had well and truly
paid at or before the sealing and delivery of these presents, being the
consideration for the complete purchase of the absolute estate of inherit-
ance in fee simple of and in the tract piece or parcel of land with its
appurtenance hereinafter mentioned to be hereby released / the receipt
whereof he the said Willism Stuart doth hereby acknowledge and thereof
doth acquit release and discharge the said James Smith his heirs executors
and administrators and every of them for ever by these presents They
the said William Stuart and Helen his wife Have and each of them
Hath granted bargained sold released and confirmed and by these
presents Do and each of them Doth grant bargain sell release and
confirm unto the said James Smith in his actual poʃseʃsion now being
by virtue of a bargain and sale to him thereof made by the said William
Stuart for ten shillings consideration by indenture bearing date the
day next before the day of the date of these presents for one whole year
commencing from the day next before the day of the date of the same
Indenture of bargain and sale and by force of the statute for transferring
uses into poʃseʃsion / and to his heirs and assigns All that tract piece or
parcel of land being part and parcel of certain lands commonly known
or described by the name of Good Hope Estate situate and being in the
parishes of Saint George and Saint David in the said Island of Grenada

containing
(578)
Containing Four acres (more or less) and butted and bounded
as follows that is to say towards the East by lands of Stuart and Wife
and ________________ and on the South West and North by the public
Road or howsoever the same may be abutted bounded known or described
together with all and singular the ways paths passages waters water
courses trees plants shrubs hedges ditches fences drains rivers profits
commodities Liberties privileges advantages hereditaments and appurte
nances to the said tract piece or parcel of land belonging or in any wise
appertaining or therewith enjoyed or deemed reputed taken or known as
part parcel or member thereof and the reversion and reversions remainder
and remainders rents issues and profits thereof And all the estate right
title use interest trust claim and demand whatsoever both at law and
in Equity of them the said William Stuart and Helen his wife or either
of them of in or to the same every or any part thereof And all deeds evidences
and writings in his or her hands custody or power which solely relate to or
concern the said premises or any part thereof To have and To hold the
said tract piece or parcel of land hereditaments and premises with its
appurtenances mentioned to be hereby granted and released unto the said
James Smith his heirs and assigns for ever and to or for no other use
intent or purpose whatsoever And the said William Stuart for himself
his heirs executors and administrators and for the said Helen his wife
and for her heirs doth covenant promise and agree to and with the said
James Smith his heirs and aʃsigns by these presents in manner following
(that is to say) that (for and notwithstanding any act matter or thing whatso
ever by the said William Stuart and Helen his wife or either of them
doe committed or willingly or willingly suffered to the contrary they the
said William Stuart and Helen his wife are or one of them is lawfully
and rightfully seised of the said tract piece or parcel of land mentioned
to be hereby granted and released with the appurtenances of and in a
pure perfect absolute and indefeasible estate of inheritance in fee simple
without any condition contingent proviso power of limitation or revoca
tion of any use or uses or any other restraint matter or thing whatsoever
to alter change charge determine lessen incumber defeat or make void
the same and also that they the said William Stuart and Helen his
wife (for and notwithstanding any such act matter or thing as aforesaid)
now have or one of them hath in themselves himself or herself good right
full power and lawful authority by these presents to grant bargain sell

release
(579)
Release and assure that all and singular the said premises men
tioned to be hereby granted and released with the appurtenances unto
and to the use of the said James Smith his heirs and assigns in manner
aforesaid according to the true intent and meaning of these presents And
further that the said James Smith and his heirs shall and may
from time to time and at all times for ever hereafter peaceably and
quietly have hold occupy poʃseʃs and enjoy to said tract piece or parcel
of land mentioned to be hereby granted and released and receive and
take the rents issues and profits thereof to and for his and their own
use and uses without the let suit hindrance interruption or denial of
the said William Smith and Helen his wife ore either of them or either
of their theirs or assigns or of any other persons claiming or to claim by
from or under them And that free and clear and freely and clearly acquit
ted said William Stuart and Helen his wife or wife or either of them or either
of their heirs or assigns or any of any other persons claiming or to claim by
from or under them And that free and clear and freely and clearly acquit
ted exonerated and discharged or otherwise by the said William Stuart and
Helen his wife or one of them well and sufficiently saved harmless and
kept indemnified of from and against all and all manner of former and
other gifts grants bargains sales leases mortgages surrenders forfeitures
rents arrears of rent dowers and titles of dowers statutes judgments exe
cutions estates titles charges and incumbrances whatsoever made done
committed or executed by the said William Stuart and Helen his wife
or wither of them or any other person or persons by through or with his their
or any of their consent privity or procurement And Moreover that they the
said William Stuart and Helen his wife and their heirs and all and every
other person or persons whosoever having or lawfully claiming or who shall
or may hereafter have or claim any estate right title trust or interest of in
to or out of the said premises mentioned to be hereby granted and released
or any part thereof by from or under them or either of them shall and
will from time to time and at all times hereafter at the reasonable
request costs and charges in the law of the said James Smith his heirs
or assigns make do acknowledged suffered and executed all and every such
further and other lawful and reasonable act and acts thing and things
conveyances and assurances in the law whatsoever for the further better
and more perfectly and absolutely conveying and assuring the said
premises mentioned to be hereby granted and released as aforesaid or any
part thereof unto and to the use of the said James Smith his heirs
and assigns for ever as by the said James Smith his heirs or assigns or

his
(580)
his or their counsel shall be reasonably devised or advised and
acquired so as such further assurances contain in them no further or
other warranty or or covenants than against the person or persons who
shall be required to make and execute the same and against his her
and theirs heirs acts and deeds only and so as no person be compelled
or compellable to go or travel from the usual place of his or her respective
abode for the doing thereof In witness whereof the said parties to
these have hereunto set their hands and seals the day and
year first above written.

William (LS) Stuart by his Attorney Rob. Stronach
Sealed and Delivered in the presence of
John Reynaert
Received on the day of the date of the within written Indenture of
and from the within named James Smith the sum of One hundred pounds
current money being the full considerable money within mentioned
to be by him paid to me - I say received £100. Cy.

William Stuart by his Attorney Rob Stronach
Witness John Reynaert
Grenada Acknowledged before me by Robert Stonach
as the attorney in the name of and as and for the free and voluntary
Act and deed of William Stuart the party executing the within Inden-
ture this twenty sixth day of July in the year of our Lord on thousand
eight hundred and twenty eight.

Owsley Rowley
Reg.
And the work continues.

Enjoy,

Jim

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