Part 304s – Smith Robertson Genealogy – Indenture Research – 1830 James & Archibald Smith – 2 of 3

02 July 2010

Afternoon,

I’ve been working slowly on this transcription of the same Record that I began in Part 303s. As promised in my genealogy research and search for my ggg-grandfather James Smith I previously stated that as this Record was so long I would present in three parts. I am astounded at what I will attempt to do just to find some clue or hint to the ancestry or family tree of ggg-grandfather James.  The surname Smith appears 115 times in this Record alone.

As mentioned this Record is published in the Grenada Registers of Records on 21 October 1830 and consists of the Pages 124 through and including 153.

Here is the second set of images of Pages 134 through 143 as downloaded from Item 5 of the microfilm FHL [1563380]


And my continued transcription –
(134)

Should direct And whereas the said sum of Six thousand pounds
remains due to the said Thomson Hankey the elder John Alexander Hankey
and Thomson Hankey the younger together with the sum of Three hundred
and fourteen pounds four shillings and ten pence for interest thereon up to
the say of the date of these presents and the further sum of one hundred and
sixty four pound nine shillings and two pence being the amount of the costs
and expenses incurred and paid by them in and about the said recited
transfer (making altogether the sum of six thousand four hundred and seventy
eight pounds fourteen shillings And whereas the said David McEwen
hath contracted and agreed with the said Robert Kirk and John Todd
to sell and transfer to them the said mortgage debt and all the principal
monies and interest right title mortgage term and estate and other beneficial
interest and premises purchased by him the said David McEwen of and from
the said Thomas Walpole party hereto or intended so to be and aʃsigned and
transferred or intended to be aʃsigned and transferred to the said Thomson
Hankey the elder John Alexander Hankey and Thomson Hankey the
younger in and by the said last recited Indenture at or for the said price or
sum of Six thousand pounds to be paid over to the said Thomson Hankey the
elder John Alexander Hankey and Thomson Hankey the younger and upon
condition that the said Robert Kirk and John Todd shall pay to the said
Thomson Hankey the elder John Alexander Hankey and Thomson Hankey
the younger the amount of the monies due to them for interest and for costs
and expenses as aforesaid And whereas the said Thomson Hankey John
Alexander Hankey and Thomson Hankey the younger have agreed to receive
the said aggregate sum of Six thousand four hundred and seventy eight pounds
fourteen shillings and thereupon to join in the transfer intended to be hereby
made in the manner hereinafter mentioned And whereas the said Robert
Kirk and John Todd have requested the said James Smith Archibald Smith
and Robert McCunn to advance and lend them the said sum of six thousand
four hundred and seventy eight pounds fourteen shillings for the purpose of
enabling them to perform the said recited agreement on their part which they
they the said James Smith Archibald Smith and Robert McCunn have
agreed to do upon having such security made to them as hereinafter expreʃsed
and they may hereafter make further advances on account of the said Robert
Kirk and John Todd And whereas the said sum of Six thousand pounds
paid to the said Thomas Walpole party hereto by the said Thomson Hankey
the elder John Alexander Hankey and Thomson Hankey the younger as
aforesaid was intended to be the purchase money for all and every the estate
right title charge lien and interest which he the said Thomas Walpole
could or might have or claim in or upon the said mortgaged premises by _____
of any of the said recited Instruments and proceedings or of any not _____ _____ _____
thereof And therefore the said Thomas Walpole at the request of the said David

MacEwen


(135)

MacEwen has agreed to join in these presents for the purpose of confirming
and more effectually aʃsigning all such estate right title liens and interest in
manner hereinafter mentioned And whereas the said Robert Kirk and John
Todd have been let into the poʃseʃsion of the said plantation and premises and have
put several additional slaves and a quantity of additional live and dead stock
upon the same all which additional slaves and stock are intended to be comprized
in the Security to be made to the said James Smith Archibald Smith and Robert
McCunn aforesaid but it not being poʃsible to obtain in England ^_____ List of such
additional slaves it has been agree that the conveyance and aʃsignment of such
additional slaves and stock shall not be comprized in these presents but shall
be made as soon as conveniently may be by Indorsdement on these presents or other
wise in the said Island Now this Indenture Witnesseth that in pursuance
of the said recited agreements and in consideration of the sum of six thousand four
hundred and seventy eight pounds fourteen shillings of lawful money of Great
Britain and Ireland (ceing composed of the said sum of Six thousand pounds the
purchase money aforesaid and of the said sums of Three hundred and fourteen
pounds four shillings and ten pence and one hundred and sixty four pounds nine
shillings and two pence for interest and for costs and expenses as aforesaid) to the
said Thomson Hankey the elder John Alexander Hankey and Thomson Hankey
the younger at or before the sealing and delivering of these presents well and duly
paid by the said James Smith Archibald Smith and Robert McCunn (at the
request and by the direction of the said Robert Kirk and John Todd and with the
privity and consent of the said David MacEwen testified by their severally
being parties to and executing these presents) the receipt of which said sum of
Six thousand four hundred and seventy eight pounds fourteen shillings they the
said Thomson Henkey the elder John Alexander Hankey and Thomson Hankey
the younger do hereby acknowledge and of and from the same and every part thereof
do acquit release and discharge as well the said David MacEwen the said
Robert Kirk and John Todd and the said James Smith Archibald Smith
and Robert McCunn and every of them their and every of their heirs executors
administrators and aʃsigns by these presents and also in consideration of the sum
of ten shillings to each of them the said David MacEwen and Thomas Walpole
party hereto at the same time paid by the said James Smith Archibald Smith
and Robert McCunn the receipt whereof is hereby acknowledged They the said
Thomson Hankey the elder John Alexander Hankey and Thomson Hankey the
younger at the request and by the direction of the said David McEwen and on
the nomination and appointment of the said Robert Kirk and John Todd testified
respectively as paʃsed to them by the said recited Indenture of the second day of
September one thousand eight hundred and twenty nine and according to their estate
right title and interest but not further or otherwise Have and one? hand every of
them Hath bargained sold aʃsigned transferred and set over and by these presents

Do


(136)

Do and each and every of them Doth bargain sell assign transfer and set
over And the said Thomas Walpole party hereto at the request and by the
direction of the said David MacEwen and on the nomination of the said
Robert Kirk and John Todd (testified in manner aforesaid) but only us to
such of the said premises or such part or parts thereof (if any) or such estate
or interested therein as was on were not effectually paʃsed or transferred by
the said recited Indenture of the second day of September one thousand eight
hundred and twenty nine Hath bargained sold aʃsigned transferred and
set over and also ratified and confirmed and by these presents Doth bargain
sell aʃsign transfer and set over and also ratify and confirm And the said
David MacEwen (on the like nomination of the said Robert Kirk and
John Todd testified in manner aforesaid) Hath granted bargained sold
aʃsigned transferred and set over ratified and confirmed And by these presents
Doth grant bargain sell aʃsign transfer and set over ratify and confirm unto
the said James Smith Archibald Smith and Robert McCunn their
executors administrators and aʃsigns The said Mortgage debt or sum reported
due as aforesaid and aʃsigned by the said recited Indenture of the second
day of September one thousand eight hundred and twenty nine together
with the interest thereof then due and thereby also aʃsigned and also such
further or other sum or sums of money as he the said Thomas Walpole party
thereto or the said Thomson Hankey the elder John Alexander Hankey
and Thomson Hankey the younger and David MacEwen or any of them
are or is entitled to or can or may claim under or by virtue of the said recited
mortgage and other securities and the said proceedings in the aforesaid suit
or the said last recited transfer thereof or by reason of the payment made to the
Receiver in the said Suit or otherwise howsoever in respect of the said mortgage
Security and also all such further interest as hath accrued due on the said
principal monies since the said aʃsignment up to the day of the date of these
presents and all interest henceforth to grow due in respect of the said principal
money transfer with the said recited Indenture of Mortgage of the twenty fourth
day of June one thousand seven hundred and sixty eight and all _____
transfers and aʃsignments thereof and all other deeds and aʃsurances relating
to the said plantations and premises or any part or parts thereof and all
covenants and other securities for the said principal monies and interest
and the full benefit and advantage thereof and also of the said _____ Reports
and Orders hereinbefore mentioned or referred to and of all other proceedings at
law or in equity in the said Island and in Great Britain relating to the said
plantations hereditaments effects debts securities and premises or any of them
and all the right title interest advantage profit claim and demand what _____
at law and in equity of the said Thomson Hankey the elder John Alexander
Hankey and Thomson Hankey the younger Thomas Walpole part hereto unto
David MacEwen or any or either of them of in to and out of the premises together

with


(137)

With all powers authorities and remedies whatsoever for recovering and obtain
ing the monies hereby aʃsigned and for enforcing the securities for the same To have
hold receive take and enjoy the said mortgage debt principal monies interest
securities and premises hereby aʃsigned or intended so to be unto and by the said
James Smith Archibald Smith and Robert McCunn their executors adminis
trators and aʃsigns as and for their own monies and property as fully and effectually
as the said Thomas Hankey the elder John Alexander Hankey Thomson Hankey
the younger Thomas Walpole party hereto and David MacEwen or any of them
could or might have held or enjoyed these premises if these presents were not
made nevertheleʃs subject to the provisos and trusts hereinafter contained and
ceclared And for the considerations aforesaid and for the better enabling the said
James Smith Archibald Smith and Robert McCunn their executors administra
tors and aʃsigns to recover and receive the said principal monies and interest respectively
hereby aʃsigned or expreʃsed or intended so to be and to enforce the securities for the
same the said Thomas Walpole (party hereto) David MacEwen Thomas Hankey
the elder john Alexander Hankey and Thomas Hankey the younger (according
to their several estates rights and interests) on the nomination and by the direction
of the said Robert Kirk and John Todd testifies as aforesaid Have and each one
every of them Hath constituted and appointed and by these presents Do and each
and every of them Doth irrevocably constitute and appoint the said James Smith
Archibald Smith and Robert McCunn and the survivors and survivor of them
and the executors administrators and aʃsigns of such survivor the true and lawful
attornies and attorney of the said Thomas Walpole (party hereto) David MacEwen
Thomson Hankey the elder John Alexander Hankey and Thomas Hankey
the younger and of each and every of them for them or any or either of them and in
their or any or either of their name and stead (but for the proper benefit of the
said James Smith Archibald Smith and Robert McCunn their executors ad
ministrators and aʃsigns subject as hereinafter mentioned) to ask demand and
received of and from whom it may concern the principal sums hereby aʃsigned and
all interest now due and henceforth to grow due in respect of the principal of the
said debts or any part thereof respectively and to commence sue prosecute and take as
well in the said Island of Grenada as in Great Britain and Action or suit Actions
suits or other legal or equitable proceedings for the recovery thereof and to proceed to
judgment sentence decree and execution and to receive the fruits or benefit thereof
and in the names or name and as the act and deed of the said Thomas Walpole (party
hereto) to sign seal deliver and execute any receipt or receipts release or releases or other
acquittance or discharge acquittances or discharges for the same or any part thereof
and to substitute or appoint from time to time any attorney or attornies for the purposes
aforesaid or any of them and to revoke such appointment or appointments at pleasure
and generally to demand preform or cause to be done and performed in or touching the

premises


(138)

Premises all such acts matters or things and as fully and effectually
to all intents and purposes as the said Thomas Walpole party hereto David
MacEwen Thomson Hankey the elder John Alexander and Thomson
Hankey the younger or any of them their or any of their executors or administrators
could or lawfully might have done if actually present and these presents
had not been made and the said mortgage debts and the securities for the
same had remained due to and vested in them the said Thomas Walpole
(party hereto) David MacEwen Thomson Hankey the elder John Alexander
Hankey and Thomson Hankey the younger or any of them they the said last
named parties severally and respectively hereby agreeing to ratify and confirm
And as far as may be hereby ratifying and confirming all and whatsoever the
said James Smith Archibald Smith and Robert McCunn or any of them
their or any of their executors administrators or aʃsigns or their or his substitute
or substitutes should lawfully do or cause to be done in or touching the premises
And this Indenture further witnesseth that for the considerations
aforesaid the said Thomson Hankey the elder John Alexander Hankey and
Thomson Hankey the younger (at the request and by the direction of the said
David MacEwen and on the nomination of the said Robert Kirk and
John Todd testified as aforesaid but only as to for and concerning such and
so many of the premises or such estate right title lien and interest upon or
in the same as paʃsed by the said recited indenture of the second day of Sep
tember one thousand eight hundred and twenty nine and according to their
estate and interest and so far as they lawfully can or may Have and each and
every of them Hath bargained sold aʃsigned transferred and set over and by
these presents Do and each and every of them Doth bargain sell aʃsign
transfer and set over and the said Thomas Walpole (party hereto) at the like
request and by the like direction of the said David MacEwen and on the
like nomination of the said Robert Kirk and John Todd (testified as aforesaid)
but as to such of the said premises or such estate right title lien and interest
upon in or to the same (if any) as did not paʃs by the said recited Indenture
of the said second day of September one thousand eight hundred and twenty
nine and so far as he lawfully can or may Hath bargained sold aʃsigned
transferred and set over ratified and confirmed and by these presents Doth
bargain sell aʃsign transfer and set over ratify and confirm and the said David
MacEwen on the like nomination of the said Robert Kirk and John Todd
testified in manner aforesaid Hath granted bargained sold aʃsigned transfer
red and set over ratified and confirmed and by these present Doth grant
bargain sell aʃsign transfer and set over ratify and confirm unto the said
James Smith Archibald Smith and Robert McCunn their executors admin
istrators and aʃsigns All those the said plantation meʃsuages lands tene
ments and hereditaments with their and every of their rights members and
appurtenances mentioned and comprized in the said recited Indenture of

the 


(139)

The twenty fourth day of June one thousand seven hundred and sixty eight
and aʃsigned by the said Indenture of the second day of September one thousand eight
hundred and twenty nine or intended so to be as aforesaid And also All those
negroes and other slaves male and female now being upon or belonging to the said
plantation and hereditaments whose names and descriptions according to the last
Official returns for the said Island made pursuant to the Registry Act are particu
larly mentioned and set forth in the Schedule annexed to these presents and the
past and future iʃsue progeny and increase of the females of the said slaves And
also all other negroes and other slaves now upon or belonging to the said planta
tions hereditaments and premises together with the iʃsue progeny and increase of
the females of the said last mentioned slaves And also all the males and other
cattle and live stock whatsoever and all plantation implements and utensils and
dead stock of what nature or kindsoever in upon or belonging to the said plantations
lands and hereditaments or any part thereof or therewith used and enjoyed and the
proceeds iʃsues and profits of all and singular the said plantations and premises
and every part thereof which have arisen or been produced since the thirty first day
of May last past and which shall hereafter arise and be produced and all the
estate right title lien or liens interest trust term and terms of years yet to come and
unexpired property benefit claim and demand whatsoever both at law and in equity
of them the said Thomson Hankey the elder John Alexander Hankey and Thomson
Hankey the younger Thomas Walpole party hereto and David MacEwen or any or
either of them of in to upon or out of the same premises and every or any part or
parcel thereof To have and to hold the said several plantations lands grounds
negroes slaves hereditaments and all such other parts of the premises Last herein before
aʃsigned or intended so to be as are of the nature of real estate unto the said James Smith
Archibald Smith and Robert McCunn their executors administrators and aʃsigns
from henceforth for and during all the rest residue and remainder of the said term
of one thousand years therein now to come and unexpired and for such further or
other estate and interest as they the said Thomson Hankey the elder John Alexander
Hankey and Thomson Hankey the younger Thomas Walpole party hereto and
David MacEwen any or either of them have or hat or can or may paʃs or transfer
And to have hold and receive all such parts of the said premises as are of the
nature of personal estate unto the said James Smith Archibald Smith and
Robert McCunn their executors and administrators and aʃsigns for all such estate and
interest and as fully and effectually to all intents and purposes as the said Thomson
Hankey the elder John Alexander Hankey and Thomson Hankey the younger
Thomas Walpole party hereto and David MacEwen or any or either of them have or both?
or are or is entitled to the same freed discharged as well from the principal monies
and interest security to the said Thomas Hankey the elder John Alexander Hankey
and Thomason Hankey the younger as aforesaid and from the proviso and trusts
contained and declared in by the said recited Indenture of the second day of Sep
tember one thousand eight hundred and twenty nine as from all right title or equity

of 


(140)

Of redemption by virtue of that same Indenture But ^subject to such equity of _____
tion if any as the said premises are now subject to under or by virtue of the said
Indenture of the twenty fourth day of June one thousand seven hundred and
sixty eight and also to the proviso and trusts or declarations hereinafter mentioned
and expreʃsed Provided always and it is hereby declared and agreed by
and between the said James Smith Archibald Smith and Robert McCunn and
the said Robert Kirk and John Todd that if they the said Robert Kirk and John
Todd their executors administrators or aʃsigns Do and shall well and truly pay
or cause to be paid unto the said James Smith Archibald Smith and Robert McCunn
or the survivors or survivor of them or the executors administrators or aʃsigns of such
survivor on the Royal Exchange of the City of London the sum of Six thousand
four hundred and seventy eight pounds fourteen shillings of lawful money of Great
Britain and Ireland with interest for the same after the rate of Five pounds
of like lawful money for every one hundred pounds by the year at or upon the
fifteenth day of December now and ensuing without any deduction or abatement
whatsoever and in like manner every such further sum of money (not exceeding
ten thousand pounds of like money in the whole and including the said sum of Sic
thousand four hundred and seventy eight pounds fourteen shillings) as the
said James Smith Archibald Smith and Robert McCunn or any of them
shall hereafter advance and lend to or pay on account of the said Robert Kirk
and John Todd at the end of six calendar months next after the payment
advance or loan thereof with interest for the same in the meantime after the
rate aforesaid (it being intended and agreed that no more than the sum of Ten
thousand pounds in the whole shall be secured or ultimately recoverable by virtue
of these presents exclusive of interest) then and in such case and after such pay
ment shall be made as aforesaid the said James Smith Archibald Smith and
Robert McCunn or the survivors or survivor of them or the executors administrators
or aʃsigns of such survivor shall and will upon the request and at the cost and
charges of the said Robert Kirk and John Todd their executors administrators
or aʃsigns aʃsign and transfer the said plantation lands slaves stock effects and
heredits term of years liens estates and interests mortgage debt and other principal
monies and interest securities and premises respectively hereinbefore mentioned
and intended to be hereby aʃsigned with the appurtenances unto the said Robert
Kirk and John Todd their executors administrators and aʃsigns or unto such
other person or persons as they shall direct or appoint feed and discharged of
and from all incumbrances to be made done or committed by the said James
Smith Archibald Smith and Robert McCunn or any of them their or any
of their executors administrators or aʃsigns in the meantime but in case the said
Robert Kirk and John Todd their executors administrators and aʃsigns shall under?
default in payment of the said sum of Six thousand four hundred and seventy
eight pounds fourteen shillings and interest for the same after thereto aforesaid
or of any further sum or sums of money to be advanced and lent by the said

James 


(141)

James Smith Archibald Smith and Robert McCunn or any of them
to the said Robert Kirk and John Todd as aforesaid or any part thereof or of
the interest thereof or any part thereof at the days and times and in the manner
hereinbefore appointed for payment thereof it shall and may be lawful to and for
said James Smith Archibald Smith and Robert McCunn and the survivors
and survivor of them and the executors administrators and aʃsigns of such survivor
immediately upon any such default being made to enter into and upon and take
poʃseʃsion of the said plantations negroes slaves hereditaments stocks effects and
premises hereinbefore mentioned and intended to be here by aʃsigned with the
appurtenances and to receive the produce and profits thereof to sell and dispose
of the said mortgage debt and other principal monies and interest and claims
hereby aʃsigned to gather with all the residue of the term liens his state and interests
of in or upon the same hereby also aʃsigned in the full benefit of the securities
aforesaid and all other the premises hereby aʃsigned or intended so to be either
to gather or in parcels and by Public Contract and with or without the consent
or concurrence of the said Robert Kirk and John Todd their heirs executors ad
ministrators or aʃsigns on to any person or persons whatsoever for such sum or
sums of money as the said James Smith Archibald Smith and Robert McCunn
or of the survivors or survivor of them or the executors administrators or aʃsigns of
such survivor in their or his discretion shall think the best price or prices that
can or maybe you reasonably add or obtained for the same in either for ready
money or otherwise and for that purpose to enter into and execute all neceʃsary
contracts with and conveyances and aʃsurances to the purchaser or purchasers
thereof or as he she or they shall direct and to accept any mortgage or other security
for the purchase monies or part thereof and with power to buy in any such
property or beneficial interest if you lived up to sale by Auction or to rescind any contract
or contracts for private sale thereof and afterwards to resell the property in benefit
cial interest so bought in or comprised in such rescinded contracts without being
answerable for any loʃs occasioned thereby and to do all other acts matters and
things neceʃsary for effectuating such sale as after said in the most advantageous
manner And it is hereby agreed and declared that the said James Smith
Archibald Smith and Robert McCunn and the survivors and survivor of them
in the executors administrators and aʃsigns of such survivors shall stand and be
poʃseʃsed of and interested in the monies to arise from such sale or sales as aforesaid
or from the sale or disposition of the Crops Produce and Profits of the said planta
tions and hereditaments as shall otherwise come to their hands by virtue of these
presents Upon Trust in the first place to pay or deduct and retain all such
costs charges and expenses as shallow or may be incurred or sustained in or about or
in anywise relating to the execution of the trusts hereby declared and the money
which they or any of them shall respectively disburse for the expenses of _____ _____
tion and other personal or neceʃsary expenses attending the said plantations slaves

effects


(142)

Effects hereditaments and premises and the produce thereof or in or about
any suit or suits at law or in equity for obtaining poʃseʃsion of the said heredita
ments and premises or any of the year or carrying the trusts thereof into _____
or enforcing the performance of any contract or contracts with any or persons
persons who shall agree to become the purchaser or purchasers of the said
premises or any of them together with lawful interest on all money is which may
be advanced for any of the said purposes up to the times of the repayment
thereof And upon Trust in the second place to payor retain satisfy and
discharge the said principal sum of Six thousand four hundred and seventy
eight pounds fourteen shillings and all interested for the same after the rate
of Five pounds for every one hundred pounds by the year and all such further
sums of money (not exceeding the whole to be ultimately recoverable herein
with this said that sum of Six thousand four hundred and seventy eight pounds
fourteen shillings and all such disbursements and advances as aforesaid
the sum of ten thousand pounds British money) as the said James Smith
Archibald Smith and Robert McCunn or any of them shall advance and _____
to or pay on account of the said Robert Kirk and John Todd their executors
or administrators with interest for the same after the rate aforesaid or so
much and such part or parts of the said principal monies respectively as shall
be remaining due and unsatisfied And upon trust in the third place to pay
the residue or surplus (if any) of the said trust monies unto the said Robert
Kirk and John Todd their executors administrators and aʃsigns And it is
hereby further agreed and declared by and between the said parties to these
presents that the receipt or receipts of the said James Smith Archibald
Smith and Robert McCunn or the survivor or survivors of them the executors
administrators or aʃsigns of such survivor shall from time to time be a food and
sufficient discharge and good and sufficient discharges to the purchaser or
purchasers of the said several premises so to be sold as aforesaid or any of them
or any part or parts thereof and to all other persons whom it may concern and
to his her or their respective heirs executors administrators and aʃsigns for the
purchase monies of the said premises or any part or parts thereof so much
of the same or such other monies as shall be therein acknowledged to be received
and that such purchaser or purchasers his her or their heirs executors administrators
or aʃsigns shall not afterwards be answerable or accountable for any leʃs misappli
cation or nonapplication of such purchase monies so received or any part thereof
unconcerned to enquired into the application thereof or whether such default had
been made as expreʃsed in the aforesaid power of sale or as to the propriety of such
sale or the mode thereof and all aʃsignments deeds conveyances aʃsurances and
receipts which shall be made executed or given by the said James Smith Archibald
Smith and Robert McCunn the survivors or survivor of them the executors
administrators or aʃsigns of such survivor for carrying such sale or sales into _____
tion or for or relating to the Crops and produce of the said plantation hereditaments

and


(143)

And premises or the consignments thereof or the monies to arise from the sale or
disposition of such crops and produce shall be valid and effectual to all intents and
purposes as if they were the absolute owners of the premises and so notwithstanding
the said Robert Kirk and John Todd their executors administrators or aʃsigns shall
not concur or be requested to concur therein And the said Thomson Hankey the elder
John Alexander Hankey and Thomson Hankey the younger do hereby each of them
for himself his heirs executors and administrators covenant and agree with the said
James Smith Archibald Smith and Robert McCunn their executors administrators
and aʃsigns the they the said Thomson Hankey the elder John Alexander Hankey
and Thomson Hankey the younger or any or either of them have or hat not at any time
heretofore made doe committed or knowingly or willingly suffered or been privy to any
act deed matter or thing whatsoever whereby or by means whereof the said mortgage
debt principal monies and interest plantations slaves hereditaments stock effects
securities and premises term of years liens estates and interests hereinbefore ^respectively expreʃsed
to be hereby aʃsigned or intended so to be or any of them or any part thereof are is can
shall or may be released discharged made void or voidable or impeached charged
affected or incumbered in title estate otherwise howsoever And the said Thomas
Walpole doth hereby for himself his heirs executors and administrators covenant
and agree with the said James Smith Archibald Smith and Robert McCunn
their executors administrators and aʃsigns That he the said Thomas Walpole hath
not at any time heretofore made done committed or knowingly or willingly suffered?
or been privy to any act deed matter or thing whatsoever whereby or by means whereof
the said mortgage debt principal monies and interest plantations slaves heredita
ments stock effects securities and premises term of years liens estates and interests
hereinbefore respectively expreʃsed to be hereby aʃsigned or intended so to be or any of
them or any part thereof are is can shall or may be released discharged made
void or voidable or impeached charged affected or incumbered in title estate or other
wise howsoever And the said David McEwen doth hereby for himself his
heirs executors administrators and aʃsigns covenant promise and agree to and with
the said James Smith Archibald Smith and Robert McCunn their executors
administrators and aʃsigns in manner following (that is to say) that they the said
Thomson Hankey the elder John Alexander Hankey and Thomson Hankey the
younger Thomas Walpole party hereto and David MacEwen some or one of them
now have in themselves or hath in himself good right full power and lawful and
absolute authority to aʃsign the said mortgage debt and other principal monies
and interest plantations hereditaments effects securities and premises term of years
liens estates and interests hereinbefore respectively aʃsigned or intended so to be
subject as hereinbefore mentioned unto the said James Smith Archibald Smith
and Robert McCunn their executors administrators and aʃsigns in manner aforesaid
and according to the true intent and meaning of these presents and that the
said mortgage debt and other monies hereinbefore aʃsigned with such interest
in respect thereof as hereinbefore mentioned are at the time of the execution of

these
The third part to follow.

Enjoy,

Jim


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