Part 403s – Smith Robertson – Indenture Research – 1817 Smith Plus Smith Plus Smith… Plus Smith – Is This GGG-Grandfather James Smith?

31 October 2010

Afternoon,

The scribe of these next few pages of an Indenture of the Grenada Registers of Records has certainly given my pair of eyes a most definite “squint-and-blurred” exercise. All-things-being-equal ggg-grandfather James Smith and his possible brother-in-law Louis La Grenade may have been mentioned in this next document.

The Smiths, that is the prime Smiths mentioned in this next document, more than likely are of the Smith Family which I have given the labeling the “Jordan Hill Smiths”. This is the first time that I have actually found any type of reference made, to him who I think was my ggg-grandfather James Smith, included with the Smith Family, that I have labeled the Jordan Hill Smiths.

On Page 246 of this Indenture reference is made to the “Me∫sieurs Smith and La Grenade”. These two gentlemen could possibly be ggg-grandfather James Smith and his brother-in-law Mr. La Grenade, (possibly Louis La Grenade) who may have been the husband to ggg-grandfather James' purported sister, ggg-grandaunt Betsey (née Smith) La Grenade. See Part 88s and Part 61s as cross-references.

The reading in this Indenture comes pretty damn close at either verifying or assuming that the Smith threesome; Archibald, James, and James, Junior Smith could be in somehow related to the Smith of “on the North by Lands….” Is this another piece to the puzzle? Is this unidentified Smith ggg-grandfather James Smith? And are there any familial ties to Archibald, James, and James, Junior Smith. (See my Smiths of Jordanhill, Scotland Chart.)

There is a slight possibility that the “Smith and la Grenada” mentioned on Page 246 of this document could be ggg-grandfather James Smith and the husband of ggg-grandaunt Betsey (née Smith ) La Grenade. At this time this is all I can offer and present from this latest document and work.

Here are the images of the pages 245 through and including 247 of the Grenada Registers of Records found in Item 5 of the microfilm FHL [1563379].


And my transcription –
(245)

Entered 3rd July 1817

This Indenture made the twenty eighth day of June in the year
of our Lord One thousand eight hundred and seventeen Between George Burn
of the Island of Grenada Merchant of the one part and Archibald Smith Adam
Crooks John Guthrie John Ryburn James Smith Andrew Ranken James
Smith Junior and John Lindsay Merchants and Partners transacting Busine∫s under
the firm of Guthrie and Ryburn of the other part Whereas the said George Burn be
by three several Bonds and Obligations of even date with this Indenture indebted to the
said Archibald Smith Adam Crooks John Guthrie John Ryburn James Smith
Andrew Ranken James Smith Junior and John Lindsay in the several names of
mostly? mentioned in the conditions of the said Bonds respectively one of which Bonds
to conditioned for the payment of the Sum of One thousand Pounds Current Money of
Grenada on the thirty first day of December next ensuing the date hereof without
Interest another of which Bonds is conditioned for the payment of the Sum of One
thousand five hundred Pounds of like current Money on the thirty first day of
December One thousand eight hundred and eighteen with lawful Interest at the rate
of Five pounds by the hundred by the year from the thirty first day of December One
thousand eight hundred and seventeen and the third of which Bonds is conditioned
for the payment of the Sum of One thousand six hundred and fifty one Pounds Sixteen
Shillings and ten pence of like Current Money on the thirty first day of December
One thousand eight hundred and nineteen with lawful Interest at the rate aforesaid
from the thirty first day of December One thousand eight hundred and seventeen And
Whereas the said George Burn hath agreed to grant a Mortgage to the said Archibald
Smith Adam Crooks John Guthrie John Ryburn James Smith Andrew Ranken and
James Smith Junior and John Lindsay of the Land Buildings Hereditaments and
Premises hereinafter particularly described for the better securing of the payment of the said
several Sums of Money and Interest mentioned in the condition of the said Bonds
Subject neverthele∫s as to part of the Premises to a Mortgage by Lease and Release of
the thirtieth and thirty first of December One thousand eight hundred and sixteen from the
said George Burn to Thomas Hatton for securing the payment of the Sum of One
thousand eight hundred pounds Sterling Money of Great Britain in manner therein
mentioned Now this Indenture witne∫seth that in pursuance of the said Agreement
and for the Purpose aforesaid And for and in consideration of the Sum of Ten? Shillings
Current Money of Grenada to him the said George Burn in hand _____ and truly paid at
or before the sealing and delivery of these Presents the receipt whereof hereby acknowledged and

He


(246)

He the said George Burn Hath granted bargained sold and demised and by these
Presents Doth grant bargain sell and demise unto the said Archibald Smith Adam Crooks
John Guthrie John Ryburn James Smith Andrew Ranken James Smith Junior and
John Lindsay their Executors Administrators and A∫signs All those Lots and Buildings
of him the said George Burn situate lying and being near the Town of Saint George in
the Island of Grenada on the East side of the Carenage containing in front towards the
Sea Two hundred and sixty seven feet or thereabouts be the same more or le∫s bounded on
the East by the _____ Road on the West by the Carenage on the North by Lands of Me∫sieurs
Smith and La Grenade and on the South by a Lot of Me∫sieurs Guthrie and Ryburn aforesaid
or howsoever otherwise the same Lots Buildings Hereditaments and Premises or any part
thereof are abutted or bounded known distinguished or described together with the Wharf and
all Messuages Tenements Houses Outhouses, Edifices Buildings Ways Paths Pa∫sages
Watercourses Privileges Profits Easements and Advantages Emoluments Hereditaments and
Appurtenances And the reversion and reversions Remainder and Remainders Rents I∫sues and
Profits thereof And also all the Estate Interes? Use Trust Inheritance Property Claim and
Demand whatsoever of him the said George Burn of into or out of the same To have and To
hold the said Lots and Buildings Me∫suages Tenements Hereditaments and all and singular
other the Premises hereby granted bargained sold and demised or intended so to be with their
Appurtenance unto the said Archibald Smith Adam Crooks John Guthrie John Ryburn
James Smith Andrew Ranken James Smith Junior and John Lindsay their Extors Admiors
and A∫signs from hence forth for and during unto the full end and term of Five
hundred Years _____ _____ _____ and fully to be compleat and ended without impeachment of or
for any manner of Waste Subject neverthele∫s to the _____ _____ hereinafter mentioned for
redemption that is to say Provided always and these Presents are upon This Condition
that if the said George Burn his Heirs Exors or Admors do and shall well and truly pay or
cause to be paid unto the said Archibald Smith Adam Crooks John Guthrie John Ryburn
James Smith Andrew Ranken James Smith Junior and John Lindsay their Exots Admiors
or A∫signs the said Sum of One thousand Pounds on the thirty first day of December next?
_____ the date hereof without Interest the said Sum of One thousand five hundred pounds
on the thirty first day of December One thousand eight hundred and eighteen with lawful
Interest at the rate of Six pounds by the hundred by the year from the thirty first day of
December One thousand eight hundred and seventeen and the said Sum of One
thousand six hundred and fifty one Pounds sixteen Shillings and ten pence on the
thirty first day of December One thousand and eight hundred and nineteen with lawful Interest
at the rate aforesaid from the thirty first day of December One thousand eight hundred
and seventeen without any Deduction Defalcation or Abatement out of the same or any
part thereof for on in respect of any taxes Charges A∫se∫sments Payments or other matter Cause
or Thing whatsoever taxed charged a∫se∫sed or imposed or to be taxed charged a∫se∫sed or
imposed upon the said Premises or any of them or upon the said George Burn his Heirs
Exors Admors or A∫signs or any of them for or in respect thereof according to the true Intent and
meaning of these Presents Then and to such case and at all times from these ______ these
Presents and the Term and Estate hereby granted and every Clause charter and Thing herein
contained shall cease determine and be utterly void to all intents and purposes whatsoever
any thing herein contained to the contrary thereof in any wise notwithstanding And the said
George Burn for himself his Heirs Exors and Admors Doth hereby covenant promise and
agree to and with the said Archibald Smith Adam Crooks John Guthrie John Ryburn James
Smith Andrew Ranken and James Smith Junior and John Lindsay their Exors Admors and
Know that he the said George Burn his heirs Admors and A∫sings or some or one of them shall
and will well and truly pay or cause to be paid unto the said Archibald Smith Adam Crooks
John Guthrie John Ryburn James Smith Andrew Ranken and James Smith Junior and
John Lindsay the said several Sums of One thousand Pounds without Interest of One
thousand five hundred pounds with Interest and of One thousand six hundred and fifty one
pounds Sixteen Shillings and ten pence with Interest in manner and at the times limited?
for payment thereof according to the Proviso hereinbefore mentioned and the Conditions of the
Bonds and Obligations herein specified and according to the true intent and meaning of these
Presents And the said George Burn for himself his Heirs Exors and Admors doth further
consent promise grant and agree to and with the said Archibald Smith Adam Crooks John
Guthrie John Ryburn James Smith Andrew Ranken James Smith Junior and John Lindsay
their Exors Admors and A∫signs by these Presents in manner following that is to say that he
the said George Burn is and standeth lawfully and rightfully seized in his _____ as of the
in the said Lots of Land Buildings or Hereditaments and Premises with the Appurtenances
and every part thereof of a good _____ perfect lawful absolute and made? feasible Estate of

Inheritance

(247)

Inheritance to him and his Heirs without any Reversion or Remainder Trust
Limitation Power of Revocation Use or Uses or any other Matter Restraint or thing
whatsoever to alter change charge revoke make void le∫sen encumber or determine the
same save? the before mentioned Mortgage And also that he the said George Burn at
the time of the sealing and delivery hereof hath _____ himself good right full of Power and
lawful and absolute Authority to grant demise? the said Lots of Land Buildings
Hereditaments and Premises with the Appurtenances unto the said Archibald Smith
Adam Crooks John Guthrie John Ryburn James Smith Andrew Ranken James Smith
Junior and John Lindsay their Exors Admors and A∫signs for and during the said term
of five hundred years as aforesaid Subject to the said Mortgage on part of the Premises to
Thomas Hatton aforesaid And further that it shall and may be lawful to and for the
said Archibald Smith Adma Crooks John Guthrie John Ryburn James Smith Andrew
Ranken James Smith Junior and John Lindsay their Exors Admors and A∫signs
from time to time and at all time after default shall be made of or in payment of the
said Sums of One thousand Pounds One thousand five hundred Pounds and One
thousand six hundred and fifty one Pounds sixteen Shillings and ten pence and
Interest upon the two last mentioned Sums in manner and at the times hereinbefore
mentioned for payment of the same or of either of the said Sums contrary to the form
and effect of the Proviso and Covenant for payment of the same peaceably and quietly
to enter into have hold occupy po∫se∫s and enjoy the said lots of Land Buildings
Hereditaments and premises with the Appurtenances and to receive and take the Rents
I∫sues and Profits and of every part thereof for and during all the residue which shall
be then to come and unexpired of the said term of Five hundred Years without the
lawful Let Suit Trouble Eviction or Interruption of or by the said George Burn his
Heirs or A∫signs And that free and clear and freely and clearly acquitted exonerated
and discharged or otherwise by the said George Burn his Heirs Exors or Admors well
and sufficiently saved defended kept harmle∫s and indemnified of from and against
all former and other Gifts Grants Bargains Sales Leases Mortgage, Estates Titles _____
Charges and Incumbrances whatsoever had made done committed or suffered by the
said George Burn his Heirs or A∫signs except the Mortgage by the said George Burn to
the said Thomas Hatton And moreover that he the said George Burn and his Heirs
and all and every other Person or Persons having or lawfully claiming or who shall or
may have or lawfully claim any Estate Right Title Trust or Interest of into or out of the
said Premises above granted and desired? with the Appurtenances or any of them or any
part thereof shall and will from time to time and at all times from and after default shall
happen to be made of or in payment of the said sums of One thousand Pounds One
thousand five hundred Pounds and Interest One thousand six hundred and fifty one
Pounds sixteen Shillings and ten pence and Interest or either of them at the times so in
manner hereinbefore set forth for payment of the same upon every reasonable request and
at the proper costs and Charges in the Law of the said Archibald Smith Adam Crooks
John Guthrie John Ryburn James Smith Andrew Rankin James Smith Junior and John
Lindsay their Heirs Admors and A∫signs make do and execute all and every such further
and other lawful and reasonable Acts Deeds and Things Devices Conveyances and A∫surances
in the Law whatsoever for the further better more perfect and absolute granting conveying and
a∫surring all and singular the said Premises with the Appurtenances unto the said Archibald
Smith Adam Crooks John Guthrie John Ryburn James Smith Andrew Ranken James Smith
Junior and John Lindsay their Exors Admors and A∫signs for and during all the Residue
which shall then be to come and unexpired of the said Term of Five hundred Years without
impeachment of write discharged of the aforesaid Archibald Smith Adam Crooks John
Guthrie John Ryburn James Smith Andrew Rankin James Smith Junior and John
Lindsay their Exors Admors and A∫signs or their Counsel leaned in the Law shall be
reasonably advised or required And it is hereby declared and agreed by and between the
said Parties to these presents that in the meantime and until default shall happen to be
made of or in payment of the said Sums of One Thousand Pounds One thousand five
hundred pounds and Interest One thousand six hundred and fifty one Pounds sixteen
Shillings and ten pence and Interest at the times or in _____ hereinbefore set forth
for payment of the same contrary to the form and effect of the aforesaid Proviso and _____
Covenant for payment of the same is shall and may be lawful to and for the said George
Burn and his Heirs and A∫signs peaceably and quietly have hold and _____ all and
singular the above described Lands Buildings and Hereditaments with the Appurtenances and
to receive and take the Rents I∫sues and Profits thereof and of every part thereof to and _____
_____ 

(248)

_____ and _____ _____ _____ and _____ without the lawful lot _____ trouble as interruption
of or of the said Archibald Smith Adam Crooks John Guthrie John Ryburn James Smith
Andrew Rankin James Smith Junior and John Lindsay their Exors Admors or A∫signs or of
or to any other person or persons lawfully claiming or to claim from by or under or in _____
or _____ them or any of them In Witne∫s whereof the said George Burn hath hereto set his hand
and Seal the day and year first before written
George Burn (LS)
Signed Sealed and Delivered by the said George
Burn in the presence of Thos Borteius? Martin Long
Grenada –
Before His Honor Richard Ottley Esquire Chief Judge 
of Grenada and its Dependencies 
Personally came and appeared before me Martin Long of the Island of Grenada
Gentleman one of the subscribing Witne∫ses to the within Indenture who being duty sworn
on the Holy Evangelists of Almighty God made oath that he together with Thomas Borteius? the
other subscribing Witne∫s therein was present and did see George Burn the party executing the
same within Indenture sign seal and as and for his free and voluntary Act and Deed
execute and deliver the same And that in testimony of the due execution thereof as aforesaid
this Deponent and the said Thomas Borteius? did ____ be their names as the attesting Witne∫ses
_____ as aforesaid
Martin Long
Sworn to before me the 3d day of July 1817
Richd Ottley

Please feel to contact me and comment as to any of my research and writings.

And I now continue.

Enjoy,

Jim

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