Part 401s – Smith Robertson Genealogy – Indenture Research – 1816 James Smith – Good Hope Estate Sold

25 October 2010

Morning,

I’ve been called to report for Jury Duty this morning. My lot falls about middle of the pack. I may or may not be gone for a couple of days.

And this is the following Indenture that appears to commit ggg-grandfather James Smith to the purchase of Good Hope Estate in the Parish of Saint George. The transaction is between ggg-grandfather James and a Julien Lussan, also written Lu∫san. The total cost appears to be 1816 funds of £1600. Converting this amount to today’s monies, this equals about £54,336.00, or the equivalent in US $85,674.40; give or take the conversion factor.

This Record is a great find but does not provide for any further discovery as to the origins or genealogy of ggg-grandfather James. This real estate transaction occurred on 1 March 1816, approximately one year after the birth of gg-grandfather James, Jr., who was born 20 March 1815.

The Indentures, Pages 311 through and including 314, are found in the Grenada Registers of Records. I have downloaded the images from Item 4 of the microfilm FHL [1563379].


And here is my transcription –

(311)

Examined
Entered 4th March 1816.
This Indenture made the first day of March in the
year of Our Lord one thousand eight hundred and Sixteen Between
Julien Lu∫san Esquire of the Town of Saint George in the Island of Grenada
of the one part and James Smith Mill Carpenter of the parish of Saint David
in the Same Island of the other part Whereas the said Julien Lu∫san
has verbally and by written proposals consented to Sell the plantation
hereinafter named Specified and expre∫sed And whereas the said James
Smith had contracted with the said Julien Lussan for the absolute
pur purchase of the said plantation hereinafter described and mentioned
to be hereby granted and Released with the appurtenances for the price
or Sum of one thousand Six hundred pounds Current money of Grenada
Now this Indenture witn∫seth that for and in Consideration
of a Sum of one thousand Six hundred pounds current money of Grenada
To

(312)

To the said Julien Lussan in hand well and truly paid by the
said James Smith at or before the Sealing and delivery of these presents / the
receipt whereof the said Julien Lussan doth hereby acknowledge and
thereof and therefrom and of and from every part and parcel thereof doth
acquit release and discharge the said James Smith his heirs executors and
administrators foe ever by these presents Doth grant bargain Sell alien
release and confirm unto the said James Smith in his Actual po∫se∫sion
now being by Virtue of a Bargain and Sale to him thereof made by the
said Julien Lussan for the term of one whole year in Consideration of
five shillings of like Current money to him paid by the said James
Smith in and by an Indenture bearing date the day next before the day
of the date hereof and by force of the Statute for transferring uses into po∫se∫sion
made and provided All that plantation or parcel of Land commonly
Called or Known by the Name of Good Hope Situate lying and being in the parish
of Saint George in the Island of Grenada aforesaid containing forty four acres
Acres two Roods and thirty perches be the Same more or le∫s English Statute
Measure abutting and bounded as is next hereinafter mentioned that is
to Say To the South by the present High Road leading from Saint Georges
to the parish of Saint David in all its present windings To the North partly
by Lands of Mount Parna∫sus Estate and partly by the Old Public Road
which formerly lead from Saint David’s to Saint George To the East by the
aforesaid Public ^High Road from Saint George to Saint David’s untill the same
Communicate as a point with the said Old Road joining from the North
and to the West by Lands of Mount Parna∫sus Estate as the whole thereof
is laid down by a Plan of William Burke Sworn Surveyor in this Island
Grenada in September one thousand eight hundred and twelve or howsoever
otherwise the said plantation or parcel of land or any part thereof is abutted
and bounded and by whatsoever other name or names description or descriptions
the same is or are has been heretofore know by distinguished or described And
also Me∫suages tenements edifices erections and buildings erected built
standing and being or to be erected built standing or being on the same plantation
or parcel of land And also all ways paths Pa∫sages lights easements Waters
Water Courses woods underwoods privileges profits commodities
Emoluments advantages hereditaments Rights members and appurtenances
whatsoever to the Same plantation or parcel of land Me∫suages tenements
and premises belonging or in any wise appertaining or therewith most commonly
held Occupied used po∫se∫sed or enjoyed or Accepted reputed deemed _____ or
Known as part parcel or member of the said premises And the Reversion
and Reversions Remainder and Remainders yearly and other Rents i∫sues
and profits thereof And also all the Estate right title interest use trust
po∫se∫sion, property claim challenge and demand whatsoever of the said
Julien Lu∫san either at law or in Equity of in to or out of the said
plantation or parcel of land Me∫suages tenements hereditaments and
Premises

(313)

Premises mentioned or intended to be hereby granted and
released And also all deeds evidence writings muniments escripts and
plans in any wise related to the same plantation or parcel of land
which now are in the custody of the said Julien Lussan or which he
can or may come by without Suit at Law or in Equity To have and
To hold the said plantation piece or parcel of Land me∫suages
tenements and all and Singular other hereditaments and premises
mentioned or intended & to be hereby granted and released
with their and every of their appurtenances unto the said James Smith
his heirs and a∫signs To the only proper use and behoof of the said James
Smith his heirs a∫signs for ever And to and for no other use intent or
purpose whatsoever and the said Julien Lu∫san doth for himself
his heirs executors and administrators covenant promise grant and
agree to and with the said James Smith his heirs and a∫signs by these
presents in manner following that is to Say that for and notwithstanding
and Act matter or thing whatsoever by him the said Julien Lu∫san
or any person or persons whomsoever heretofore done committed wittingly
or willingly suffered to the Contrary he the said Julien Lussan at the
time of the ensealing and delivery of these present is and doth stand lawfully
rightfully and absolutely seized in his demesne as of fee of and in the same
plantation or parcel of land Me∫suages tenements hereditaments and premises
mentioned or intended to be hereby granted and released of a good sure?
lawful absolute and indefeasible Estate of inheritance in fee simple to him
the said Julien Lu∫san and his heirs without any Reversion Remainder
trust limitation power of Revocation use or uses or other matter restraint or
thing whatsoever to alter change charge revoke make void le∫sen incumber
or determine the Same And that he the said Julien Lu∫san for and
notwithstanding any such Act deed Matter or thing as aforesaid _____ in
himself good right full power and absolute authority to grant and Convey
the said plantation or parcel of land Me∫suages tenements hereditaments
and premises with the Appurtenances unto and to the use of the said James
Smith his heirs and a∫signs And also that he the said James Smith and
his heirs and a∫signs shall and may from time to time and at all times hereafter
lawfully peaceably and quietly have hold occupy po∫se∫s and enjoy the said
plantation or parcel of land Me∫suages tenements hereditaments and premises
and receive and take the Rent i∫sues and profits thereof to and for his and their
own use and benefit and the use and benefit of their heirs and a∫signs with and?
the lawful let Suit trouble denial eviction or interruption of from or by the said
Julien Lussan his heirs or a∫signs or of from or by any other person or
persons whomsoever And that free and clear and freely and clearly acquitted
exonerated and discharged or otherwise by the said Julien Lussan his heirs
executors administrators is well and sufficiently Save defended Kept
harmle∫s and indemnified of from and against all and all manner of
former

(314)

Former and other Gifts grants bargains Sales Leases Mortgages
Jointures dowers uses trusts wills entails Statutes Recognizances judgments
Extents executions and of from and against all and Singular other Estates titles
troubles charges and incumbrances whatsoever had made done committed
recovered or Suffered by the said Julien Lussan his heirs and a∫signs or by
any other person or persons whomsoever And moreover that the said Julien
Lu∫san and his heirs and all theirs having or lawfully claiming or which
shall or may have and lawfully claim any Estate right title use trust
or interest at Law or in Equity of in to or out of the same plantation or parcel
of land Me∫suages tenements hereditaments and premises mentioned or
intended to be hereby granted and released or any part thereof shall and will
from time to time and _____ all times hereafter upon every Reasonable request
and at the proper costs and charges in the Law of the said James Smith
his heirs a∫signs do make acknowledge levy suffer and execute or
cause or procure to be ^done made acknowledge levied Suffered and executed
all and every such further and Reasonable Acts deeds things devices
Conveyances and a∫surances in the Law whatsoever for the better further?
more perfect and absolute granting conveying and a∫suring the said
plantation or parcel of land Me∫suages tenements hereditaments and
premises and every part thereof with the appurtenances unto and to the
use of the said James Smith his heirs and a∫signs as by the said James
Smith his heirs or a∫signs or his or their Counsel learned in the Law
shall be reasonably ^advised devised or Required In witne∫s whereof the party
first above named his hand & Seal to these presents hath Set the day and
year first above written
Jn. (LS) Lussan 

Sealed and delivered in the presence of us Ls Rouget & Lae VonWeiller

Received on the day of the date of the preceding Indenture
of and from the within named James Smith the Sum of one thousand
Six hundred pounds Current money of Grenada being the full consideration
money therein mentioned to be paid by him the me. I say received - £1600 Currency
Jn Lussan
Witne∫s. Ls Rouget
Grenada Acknowledged before me by Julien
Lu∫san Esquire the party executing the within Indenture as and for
his free and Voluntary Act and Deed this fourth day of March in the year
one thousand eight hundred and Sixteen,
Owsley Rowley D. Regr.

And this now completes Item 4 of the microfilm FHL [1563379]. Now on to Item 5. Stay tuned and enjoy,

Jim

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