Part 278s – Smith Robertson Genealogy – Indenture Research – 1829 James Smith, The Carpenter – A Follow-Up

11 May 2010

Afternoon,

As I wrote yesterday the Record in Part 277s was followed up by another Indenture on the following day, the 5th of September 1829. The Record is specific to James Smith, the Carpenter. It appears to be a subsequent document relating to the property transaction.

In my research I am discovering a number of Records attributable to James Smith, the Carpenter who appears to be, based on cross-referencing of the said Documents and on corresponding family history and may be ggg-grandfather James Smith. My research and search to this point has encountered information of his activities at the time and dates concerned, but I am still to find any specific clue or hint as to ggg-grandfather James’ ancestry or genealogy of origin.

To the left is a composite image of the parcel of property and location as described in this Record with an image of The Carenage, Grenada, from the Project Gutenberg eBook of Cocoa and Chocolate, by Arthur Knapp.

Here are the images of this Record’s pages, 171 through and including 174 from the Grenada Registers of Records as found on the microfilm FHL [1563380].


And my transcription follows. My apologies if there may be at times what appears to be a stumbling over the word “and”. It seems that in using my dictation software, Dragon Naturally Speaking, when Taylor, my Chocolate Lab barks, the microphone picks up her “concern” and transcribes it as “and”.
(171)

This Indenture made this Fifth day of September in the year of
our Lord one thousand eight hundred and twenty nine Between
James Smith of the Town of St. George in the island of Grenada
Carpenter of the one part and Henri Fraser of the said Town and

Island
(172)
Island Cooper of the other part Witnesseth that said
James Smith for and inconsideration of the sum of one hundred
and thirty two pounds current money of Grenada to him in hand
well and truly paid by the said Henry Fraser at or before the sealing
and delivery of these presents the receipt whereof is hereby acknow
ledged Hath granted bargained sold aliened released and confirmed
and by these presents Doth grant bargain sell alien release and con
firm unto the said Henry Fraser (in its actual poʃseʃsion now being
by virtue of a bargain and sale to him thereof made by the said James
Smith for one whole year inconsideration of five shillings by Indenture
bearing date the day next before the day of the date hereof and by force
of the statute made for transferring uses into poʃseʃsion) and to his
heirs and aʃsigns All that lot piece or parcel of land situate lying
and being on the East side of the Carenage of the town of Saint George
in the said Island of Grenada containing Eighty feet in front towards
the water of the said Carenage sixty-four feet in the rear towards the
public highway and one hundred and seventy-six feet in depth be the
same more or less and abutted and bounded as follows (that is to say)
on the north by a lot of land belonging to James Bain Esquire On the
East by the public highway on the west by the sea and on the south
by lands of the said James Smith (being formally part and parcel of
lot piece or parcel of land hereby granted and released or intended
so to be) or howsoever otherwise the said lot piece or parcel of land is
abutted bounded known distinguished or described together with all houses
outhouses edifices erections and buildings they are on erected and built And
all ways paths paʃsages waters watercourses lights easements privileges
profits commodities advantages emoluments hereditaments rights mem
bers and appurtenances whatsoever to the said lot piece or parcel of land
buildings and premises belonging or in any wise appertaining or therewith
or with any part thereof used occupied or enjoyed or accepted reputed deemed
taken or known as part parcel or member thereof and the reversion and
reversions remainder and remainders rents iʃsues and profits thereof
And also all the estate right title interest use trust property claim
and demand whatsoever both that law and equity of him the said James
Smith of in or to the said lot piece or parcel of land buildings and
premises every or any part thereof and all deeds evidences and writings
touching or concerning the said premises solely in the custody or power
of him the said James Smith or which he can or may get or combine it with
out suit at law or in equity To have and To hold the said lot piece or par
cel of land buildings hereditaments and all and singular other the
premises hereby granted and released or mentioned and intended so to
be with their and every of their rights members and appurtenances
unto the said Henry Fraser his heirs and aʃsigns to the only proper use

and
(173)
And behoof of the said Henry Fraser his heirs and aʃsigns forever
and to or for no other use intent or purpose whatsoever And the said
James Smith for himself and his heirs executors and administrators doth
hereby covenant promise and agree to and with the said Henry Fraser his
heirs and aʃsigns in manner following (that is to say) that (for and
notwithstanding any act matter or thing whatsoever by the said James
Smith done committed or wittingly or willingly suffered to the contrary)
he the said James Smith is lawfully and rightfully seized of this said
lot piece or parcel of land buildings and premises hereby granted and
released or mentioned and intended so to be with the appurtenances
of and in a pure perfect absolute and indefeasible state of inheritance
in the simple without any condition contingent proviso power of limit
ation or revocation of any other use or uses or any other restraint
matter cause or thing to alter or change charge leʃsen incumber determine
or defeat the same And also that he the said James Smith now hath
in himself good right full power and lawful and absolute authority
by these presents to grant bargain sell release and aʃsure all and sin
gular the same premises mentioned to be hereby granted and released
with the appurtenances unto and to the use of the said Henry Fraser
his heirs and aʃsigns in manner aforesaid and according to the law
intent and meaning of these presents And further that he the said
Henry Fraser 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 the said lot piece or parcel of land buildings and pre-
mises hereby granted and released or mentioned and intended so to be
with the appurtenances and receive and take the rents iʃsues and profits
thereof to and for his and their own use and uses without the let most
hindrance interruption or denial of the said James Smith his heirs or
aʃsigns or any other person or persons claiming or to claim by from or
under him or them And that free and clear and freely and clearly ac
quitted exonerated and discharged or otherwise by the said James Smith
and his heirs well and sufficiently saved harmless and kept indemni
fied of from and against all and all manner of former and other gifts
grants bargains sales pieces mortgages rents arrears of rent divers and
Titles of dowers statutes judgments executions estates titles charges and
incumbrances whatsoever made done committed or executed by the said
James Smith or any other person or persons by through or with his consent
priority or procurement And more over that he the said James Smith
and his heirs and all and every other person or persons whomsoever having
or lawfully claiming or who shall or may hereafter have or claim any
estate right title trust interest of in to or out all the said premises hereby
granted and released or mentioned and intended so to be in any part thereof
_____ from or under him or them shall and will from time to time and at all

times
(174)
Times hereafter at the reasonable request costs and charges in the
law of the said Henry Fraser his heirs or aʃsigns make do acknowledge
suffer and execute or cause and procure to be made done and executed
all and every such further and other lawful and reasonable act and
acts thing and things conveyances and aʃsurances in the law whatsoever
for the further better more perfect and absolute conveying and aʃsuring
the said premises hereby granted and released or mentioned and intend
ed so to be or any part thereof unto and to the use of the said Henry
Fraser is heirs and aʃsigns for ever as by the said Henry Fraser his heirs
or aʃsigns or his or their counsel in the law shall be reasonably devised
or advised and required In witness whereof the said parties to these
presents their hands and seals have hereunto set the day and year first
above written

James Smith (LS)
Signed sealed and delivered in the presence of
Dav. Basden J. Rob Newbold
Received on the day of the date of the foregoing Indenture of
and from the therein named Henry Fraser the full sum of one hundred
and thirty-two Current money being the consideration within
mentioned to be paid by him to me I say received £132. --. – by

James Smith
Witneʃs
D. Basden J. Rob Newbold
Grenada. Acknowledged before me by James Smith party
executing the foregoing Indenture of Release and for his free and volun
tary act and deed this seventh day of September in the year of our Lord
one thousand eight hundred and twenty-nine

Owsley Rowley
Reg.

And for you viewing pleasure I was able to find at YouTube a short and current panoramic video of The Carenage. This video is included at the website Grenada-Beaches.com.


And now to continue my hunt.

Enjoy,

Jim

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