Part 397s - Smith Robertson Genealogy - Indenture Research - 1810 Archibald, James, John, and James, Jr. Smith - Cont'd

22 October 2010

Evening,

I’m back to working on my Indenture Research Project. This is my project where I am reviewing Records, Documents and Indentures entered to the Grenada Registers of Records in my search for the origin and genealogy of my ggg-grandfather James Smith.

Following from Part 377s, , made on 4 October 2010, this new Record is a continuation of the same, I believe, contract between Archibald Smith and company and Ferdinand De Creeft and his wife, Renaud.

According to my review and based on the information provided by the actual Record I am not aware of any immediate connection or association with ggg-grandfather James. The Smiths involved are of the Jordanhill, Scotland. You can see my drafting of that Smith Family generations in my Descendant Chart, Smiths of Jordanhill, Scotland.

The following are the images of Pages 259 through and including 267 downloaded from Item 4 of the microfilm FHL [1563379].


My transcription -

(259)
Ex

Entered 29th January 1816
Grenada
This Indenture made the tenth day of
October in the year of our Lord one thousand eight hundred and ten Between
Ferdinand De Creeft of the parish of Saint Andrew in the Island of Grenada
Planter and Renaud De Creeft his Wife of the one part and Archibald Smith
James Smith John Smith Adam Crooks John Gutherie John Ryburn James
Smith Junior Andrew Rankin and John Lindsey now or late of that part of
the united Kingdom of Great Britain and Ireland called Scotland Merchants
and Copartners of the Second part Whereas the said Ferdinand De Creeft
has agreed with the said Archibald Smith James Smith John Smith

Adam


(260)

Adam Crooks John Gutherie John Ryburn James Smith Junior
Andrew Rankin and John Lindsey for the _____ of the Sum of four thousand
three hundred and fifty three pounds and fifteen shillings of Current money
of Grenada to be Secured with lawful interest thereon by a Mortgage of the lands
tenements hereditaments and Slaves and premises hereinafter mentioned and
described and to enter into such covenants and agreements Respecting the
same as hereinafter are contained Now this Indenture witne∫seth
that in pursuance of the said Agreement ^and and for and in consideration of the
said Sum of four thousand three hundred and fifty three pounds fifteen
Shillings of Current money of Grenada as aforesaid to the said Ferdinand De Creeft
in hand well and truly paid by the said Archibald Smith James Smith
John Smith Adam Crooks John Gutherie John Ryburn James Smith Junior
Andrew Rankin and John Lindsey * their and each of their heirs executors
administrators and a∫signs and every of them and all and Singular the lands
tenements hereditaments and Slaves as well by these presents as by the Receipt or
Acquittance for the said Sum hereupon indorsed he the said Ferdinand De Creeft
Hath granted bargained Sold aliened and Released and by these presents Doth
grant bargain Sell alien release and confirm unto the said Archibald Smith
James Smith John Smith Adam Crooks John Gutherie John Ryburn John
James Smith Junior Andrew Rankin and John Lindsey their and each of
their heirs executors administrators and a∫signs all that Sugar plantations or
Estate of him the said Ferdinand De Creeft called Colombia situate lying
and being in the parish of Saint Andrew in the said Island of Grenada
containing forty eight quarres of Land French Admeasurement or thereabouts
be the same more or le∫s and abutted and bounded as follows that is to Say on the
East by the Estate or plantation called Balthazar in the west by the Estate or
plantation called Mornezolier? on the North by the Estates of plantations
severally called Mirabeau and Retreat and on the South by the Estate or
plantation called Laforce or however otherwise the Same maybe abutted and
bounded and also all those fifty negro and other Slaves now being upon or belonging
to the said Estate or plantation called Colombier and also those Sixteen other
Negro and other Slaves of him the said Ferdinand De Creeft and all whose Several
Names are mentioned in a certain Schedule or list annexed to this Indenture
of Release and mentioned or Referred to in the Bargain and Sale preceeding
this Indenture and bearing date the day next before the day of the date of
these presents and all the i∫sue and increase of the females of the said Slaves and
each of them And also all that other ^Coffee and Cocoa Estate or plantation of him the
said Ferdinand De Creeft call Pyrhennes Situate lying and being in the
said Parish of Saint Andrew containing by estimation twenty quarres French
Admeasurement or thereabouts be the Same more or le∫s and abutted and
bounded as follows that is to Say on the East by the Estate or plantation called
Mornezorlin on the West by Chadeaus and ungranted lands on the North
by lands of Pruedhomme and Molenier and on the South by lands formerly

* at or before the sealing and delivery of these presents the receipts whereof the said Ferdinand De Creeft doth hereby acknowledge and of and from the same doth acquit
release exonerate and for ever _____ and exonerate the said Archibald Smith James Smith John Smith Adam Crooks John Gutherie John Ryburn James Smith
Junior Andrew Rankin and John Lindsey -

Rochards

(261)

Rochards or howsoever otherwise the same may be abutted and bounded
and all and every the live and dead stock utensils and implements of plantership
on each of the said plantations being or to the same belonging and also all dwelling
houses out houses Negro houses boiling houses Mills Sugar Works Coffee Boucans
Edifices and buildings whatsoever of every description on the said two plantations
and each or either of them standing or being or thereto belonging and all
Cocoa and other trees thereon growing and all ways paths pa∫sages waters
water courses profits commodities advantages tenements hereditaments
and appurtenances whatsoever to each of the said plantations or estates
and premises belonging or in any wise appertaining or therewith or
with either of them now or at any time had held used occupied or enjoyed
or accepted reputed deemed taken or known as part parcel or member of
them or of either of them or of any part thereof or howsoever otherwise the
said lands tenements hereditaments Slaves and other premises or any
or either of them or any part or parts thereof now are or is or at any time or times
heretofore were or was situated described called or known all which said
Several lands plantations or Estates tenements and hereditaments
Slaves and other premises are now in the actual po∫se∫sion of them the said
Archibald Smith James Smith John Smith Adam Crooks John Gutherie
John Ryburn James Smith Junior Andrew Rankin and John Lindsay
or of some ^or of one of them in the name and for and on behalf of the whole by
virtue of a Bargain Sale to them thereof made by the said Ferdinand
De Creeft for ten shillings consideration by an Indenture bearing date
the day next before the day of the date of these presents and executed before
the Sealing and delivery hereof for the term of one whole year to Commence
the day next before the day of the date of the said Indenture of Bargain and
Sale and by Virtue of the Statute made for transferring of uses into po∫se∫sion
and the Remainder and Remainders Reversion and Reversions of and in all
and Singular the said lands tenements hereditaments Slaves and premises
and of and in every part thereof and all the Estate Right title interest use trust
property Claim and demand whatsoever both at Law and in Equity of him the
said Ferdinand De Creeft in to upon out of or concerning the said Lands tenements
hereditaments Slaves and premises hereby granted released or mentioned or
intended So to be and every or any of them and every and any part thereof
respectively To have and to hold the said lands tenements hereditaments
Slaves and all and singular other the premises hereinbefore or in the said
Indenture of Bargain and Sale described or Referred to and hereby granted
bargained Sold and released and mentioned or intended So to be with their and
every of their Rights members and appurtenances and the i∫sue and increase
of the females of the said Negro and other Slaves unto and for the proper use and
behoof of the said Archibald Smith James Smith John Smith Adam
Crooks John Gutherie John Ryburn James Smith Junior Andrew Rankin
and John Lindsay and the Survivors and Survivor of them their and each of
Their

(262)

Their heirs and a∫signs for ever Subject neverthele∫s to the proviso
consideration and agreement for redemption reconveyance of the same premises
hereinafter contained that is to say Provided always and these presents are
upon this expre∫s condition and it is hereby declared and agreed by and between
all the parties to these presents that is the said Ferdinand De Creeft his heirs
executors administrators or a∫signs or any other person on his or their behalf do and
shall well and truly pay or cause to paid unto the said Archibald Smith
James Smith John Smith Adam Crooks John Gutherie John Ryburn
James Smith Junior Andrew Rankin and John Lindsey or to some or to one
of them or to the Survivor or Survivor of them their or his executors administrators
or a∫signs at the Town of Saint George in the Island of Grenada the full and
first Sum of four thousand three hundred and fifty three pounds of Current
money of Grenada with lawful Interest for the same at the times and in the
manner following that is today the sum of one thousand four hundred and
fifty one pounds of the current money of Grenada being one third parties
therefore the eighth day of October which will be in the year of our Lord one
thousand eight hundred and eleven with lawful interest thereon from the
day of the date of these presents the further sum of one thousand four
hundred and fifty one pounds being one other third part thereof on the eighth
day of October which will be in the year of our Lord one thousand eight hundred
nd twelve with lawful interest thereon from the day of the date of these presents
and the further Sum of one thousand four hundred and fifty one pounds being
the residue and in full payment of the said Sum of four thousand three hundred
and fifty three pounds on the eighth day of October which will be in the year of our Lord
one thousand eight hundred and thirteen with lawful interest thereon from the
day of the date of these presents and do and shall will? and truly make all and every
the said payments without any deduction or abatement whatsoever for or
in respect or on account of any rate Taxes or a∫se∫sments now or hereafter so
imposed by Act of the Legislature of this Government now past or to be past
that then and in such Case the said Archibald Smith James Smith
John Smith Adam Crooks John Gutherie John Ryburn James Smith
Junior Andrew Rankin and John Lindsey and the Survivors and Survivor
of them their and each of their heirs executors administrators and a∫signs
shall and will at any time or times after the last of the said payments shall
be so well and truly made as aforesaid upon the Request and at the charges
and Costs of the said Ferdinand De Creeft his heirs executors administrators
or a∫signs recovery and rea∫sure? all and singular the said lands tenements
hereditaments Slaves and premises thereby mentioned and intended to be
granted released and confirmed with their and every of their appurtenances with
such and for the use of the said Ferdinand de Creeft his heirs executors
administrators or a∫signs or such other Person or Persons as he shall direct and
appoint by any deed under his hand and Seal free and clear of and from all
_____ charges and incumbrances whatsoever to be made executed or
Suffered

(263)

Suffered by the said Archibald Smith James Smith John Smith
Adam Crooks John Gutherie John Ryburn James Smith Junior Andrew
Rankin and John Lindsey or either ^or any of them and of from and after such _____
mentioned payment shall be so made as aforesaid shall and will deliver
_____ unto him the said Ferdinand De Creeft his heirs or a∫signs these presents
and also shall and will if thereunto requested sign and give a proper
sufficient and Satisfactory Receipt or Acknowledgement for the said Sum of
four thousand three hundred and fifty three pounds with lawful interest
so thereon to be indorsed on the back of these presents and until such
Reconveyance and Rea∫surance shall be made and perfected It is hereby
declared and agreed that the use and Estate hereinbefore limited? to the
said Archibald Smith James Smith John Smith Adam Crooks John
Gutherie John Ryburn James Smith Junior Andrew Rankin and John
Lindsey and their heirs of and in the said premises shall cause determine
and be utterly void to all intents and purposes and the said Archibald
Smith James Smith John Smith Adam Crooks John Gutherie John
Ryburn James Smith Junior Andrew Rankin and John Lindsey and
the Survivors and Survivor of them their and each of their heirs and a∫signs shall
from thence forth stand and be Seized po∫se∫sed of and interested in all and
singular the said premises to the use and behoof of the said Ferdinand De Creeft
his heirs and executors and administrators for ever And the said Ferdinand
De Creeft for himself his heirs executors and administrators and for
each of them doth hereby covenant promise declare and agreed with and to
the said Archibald Smith James Smith John Smith Adam Crooks John
Gutherie John Ryburn James Smith Junior Andrew Rankin and John
Lindsey and the Survivors and Survivor of them and with and to each and
every of them their each and every of their heirs executors and administrators in
manner following that tis to Say that the said Ferdinand De Creeft his
heirs executors or administrators and A∫signs in manner following that is
to Say that the said Ferdinand De Creeft his heirs executors or administrators
or some or one of them shall and will well and truly pay or cause to be paid
unto the said Archibald Smith James Smith John Smith Adam Crooks
John Gutherie John Ryburn James Smith Junior Andrew Rankin and
John Lindsey or to some or to one of them the Survivors or Survivor of them their
Executors administrators or a∫signs the said Sum of four thousand three hundred
and fifty three pounds of current Money of Grenada with lawful interest for
the same at and as from the days and time and in the manner and proportions
hereinbefore appointed got payment of the same respectively and according to the
true intent and meaning of these presents And the said Ferdinand De Creeft
for himself and his heirs executors and administrators and for every of them?
doth Covenant declare grant and agree with and to the said Archibald
Smith James Smith John Smith Adam Crooks John Gutherie John
Ryburn James Smith Junior Andrew Rankin and John Lindsey and
Each 

(264)

Each of them and the Survivors and Survivor of them their and
each of their heirs and a∫signs in manner following that is to say That he the
said Ferdinand De Creeft now is lawfully rightfully and absolutely Seized in his
measure? as po fee in his own right of all and Singular the lands tenements
hereditaments Slaves and premises hereinbefore granted released and
confined or mentioned or intended so to be and every part thereof both of
Law and in Equity as of in and for a good clear absolute and indefeasible?
Estate of Inheritance and in Simple in po∫se∫sion without any ^manner of _____ Condition power or any other qualification restriction matter or any thing
whatsoever which can or may revoke alter charge or incumber the same
Estate in any manner howsoever And also that the said Ferdinand
De Creeft now hath in himself full power and lawful and absolute Right
and title to bargain sell release and confirm all and Singular the said
Plantations lands tenements hereditaments Slaves and premises
according to the true intent and meaning of these presents And further that
in case default shall happen to be made in payment of the said Sum of
four thousand three hundred and fifty three pounds or of the interest
thereof or of any apart of the same respectively contrary to the true intent
and meaning of the proviso and Covenant hereinbefore contained for payment
thereof then and from thenceforth it shall and may be lawful for the said
Archibald Smith James Smith John Smith Adam Crooks John Gutherie
John Ryburn James Smith Junior Andrew Rankin and John Lindsey
and the Survivors and Survivor of them their and each of their heirs and
a∫signs peaceably and quietly to enter into and upon and hold po∫se∫s and
enjoy all and Singular the Same Plantations lands tenements hereditaments
Slaves and premises with their and every of their respective Rights members
and appurtenances and to receive and retain the rents i∫sues profits and
proceeds thereof to and for his and their own use and benefit without
any manner of hindrance interruption disturbance claim or demand
whatsoever by or from the said Ferdinand De Creeft or Renaud De Creeft his
Wife or either of them their or either his or her heirs or any person or persons
whomsoever and it is further covenanted and agreed by and between the
parties to these presents That he the said Ferdinand De Creeft his heirs and
A∫signs and all and every other person and persons having or Lawfully
claiming who or shall or may lawfully have or claim any Estate Right
Title trust or interest either at Law or in Equity of into or out of the said
plantations lands tenements hereditaments Slaves and premises
hereby granted and released or mentioned and intended So to be or any part
or parcel thereof shall and will from time to time and at all times from and
after default shall be made or in payment of the said Sum of four thousand
three hundred and fifty three pounds and interest therein as aforesaid
or any part thereof contrary to the form and affect of the aforesaid proviso and
Covenant for payment of the Same and the true intent and meaning
of these presents or here? the Reasonable Request of the said Archibald Smith
James 

(265)

James Smith John Smith Adam Crooks John Gutherie
John Ryburn James Smith Junior Andrew Rankin and John Lindsey
or one of them and the Survivors and Survivor of them their and each of their
heirs or a∫signs and at the proper charges and costs in the Law of the said Archibald
Smith James Smith John Smith Adam Crooks John Gutherie John
Ryburn ^James Smith Junior Andrew Rankin and John Lindsey ^or of one of them and of the Survivors and
Survivor of them their and each of their executors administrators and a∫signs
make do Acknowledge and execute all and every such further and their?
other? Conveyances and A∫surances in the Law whatsoever for the further
better and more effectually granting a∫suring and confirming of all
and Singular the plantations lands tenements hereditaments Slaves and
premises hereinbefore mentioned or referred to and intended to be hereby granted
and released with their and every of their appurtenances unto and to the use of the said
Archibald Smith James Smith John Smith Adam Crooks John Gutherie John Ryburn
James Smith Junior Andrew Rankin and John Lindsey and the Survivors and
survivor of them their and each of their heirs and a∫signs freed and ^absolutely discharged of and
from the Right Title Power and Equity of Redemption whatsoever And lastly as? _____
hereby declared and agreed by and between the said parties to these presents that in
the mean time and until default shall happen to be made for in payment of
the said Sum of four thousand three hundred and fifty three pounds and
interest according to the form and effect and true intent and meaning of the
aforesaid proviso and covenant for payment of the same it shall and may be
lawful to and for the said Ferdinand De Creeft his heirs and a∫signs peaceably
and quietly to have hold occupy po∫se∫s and enjoy all and singular the Lands
tenements hereditaments Slaves and premises hereinbefore mentioned
and to receive and take the rents i∫sues and profits thereof and of every part
and parcel thereof to and for his ^his and their own free use and benefit without
any lawful lot suit trouble molestation eviction interruption disturbance
whatsoever of from or by the said Archibald Smith James Smith John Smith
Adam Crooks John Gutherie John Ryburn James Smith Junior Andrew
Rankin and John Lindsey the Survivors or Survivor of them their or either
of their heirs executors administrators or a∫signs or of from or by any other person or
persons whosoever lawfully claiming or to claim from by or and or him them or
any of them And this Indenture further witne∫seth that as well for and in
consideration of the premises as of any future Sum or Sums of money which
they the said Archibald Smith James Smith John Smith Adam Crooks
John Gutherie John Ryburn James Smith Junior Andrew Rankin and
John Lindsey or either or any of them or the Survivors and Survivor of them
may at any time advance for or lend to the said Ferdinand De Creeft or which
shall be paid by them for on account of any Stock or Supplies furnished by the
said Archibald Smith James Smith John Smith Adam Crooks John Gutherie
John Ryburn James Smith Junior Andrew Rankin and John Lindsey to the
said Estates or plantations called Columbia and Pyrhennes or either of them for the?
Said

(266)

Said Ferdinand De Creeft doth hereby for himself his heirs executors
and administrators covenant to and with the said Archibald Smith James
Smith John Smith Adam Crooks John Gutherie John Ryburn James
Smith Junior Andrew Rankin and John Lindsey each and every of them
the Survivors and Survivor of them that he the said Ferdinand De Creeft will
ship and Consign as well all such produce as shall be made on the said Estates
of Columbia and Pyrhennes the Coca and Mola∫ses excepted to the said
Archibald Smith James Smith John Smith Adam Crooks John Gutherie
John Ryburn James Smith Junior Andrew Rankin and John Lindsey
carrying on Busine∫s in Scotland under the firm of Leitch and Smith or to
their Order as well during the continuance of these presents as all other produce
which shall be made thereon during the three Crops or years succeeding the crop
of the year of our Lord one thousand eight hundred and thirteen the Cocoa and Rum
excepted as aforesaid In witne∫s whereof the Respective parties to these
presents have hereunto Set their hands and affixed their Seals the day and year
first within written


Fed De Creeft (LS) Renaud De Creeft (LS) Arch Smith (LS) to his Atty John Lindsay
James Smith (LS) to his Atty John Lindsay John Smith (LS) to his Atty John Lindsay
Adam Crooks (LS) to his Atty John Lindsay John Gutherie (LS) to his Atty John Lindsay
John Ryburn (LS) to his Atty John Lindsay James Smith Jr (LS) to his Atty John Lindsay
Andrew Rankin (LS) to his Atty John Lindsay John Lindsay (LS)
Signed Sealed and delivered in the presence of R. Wise

Schedule or List of Negroes mentioned and referred to in the preceeding Indenture

AugustineRaymondAgatheFelicityPaul
ProsperFleury?MarguetMaryJean Phillip
GabrielEustacheAngeliqueNannyPierre
Ilrbin?Jean FrancisJeannetFelicityJacques
JacquesDavidVenusLabetteJean Baptiste
Judith
JoachinBillyFranchineAgléeSaint Louis
SeraphimLaurentRosetteCorailleFrancois
RegisClementSimoneConstanceCharles
Bermatie?VoltaireDiannelleCharlotteReinne
CharlesPierreEgléEdwardMarthe
Jean LouisJoachimJean RoseJosephFrancoise
BartholomeMarkMarieLouis CharlesLouise
DOminiqueBaptisteCatherineLouis PierreSusanne
Claire
ClaireMarie Claire

Be it remembered this Seventeenth day of May in the year of our
Lord one thousand eight hundred and thirteen Personally appeared before
me The Honorable George Gun Munro Esquire one of the A∫sistant Justices
of the Supreme Court of Judicature Ferdinand de Creeft and Renaud de Creeft
his wife the within named Grantors and Releasors who Severally acknowledged
the Same Indenture of release and the Indenture of Bargain and Sale

Leading


(267)

Leading thereto to be their respective Acts and deeds and that
they Severally executed the Same to _____ Release and Convey the within
mentioned premises and Slaves into and to the use of the within named
Archibald Smith James Smith John Smith Adam Crooks John Gutherie
John Ryburn James Smith Junior Andrew Rankin and John Lindsey
and the Survivors of them and their heirs And the Said Renaud De Creeft
being by me examined privately and apart from her said Husband did also
acknowledge that She the same Indenture freely voluntarily and of her
own accord did execute without any fear threats or compulsion of or by her
said Husband and in order to induce her to execute the same In witne∫s
whereof I have in my capacity aforesaid subscribed my name the day
and year above in this behalf written

Geo Gun Munro A∫sistant Justice

Enjoy,

I'll be back,

Jim

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