Part 399s – Smith Robertson Genealogy – Indenture Research – 1810 Renaud & De Creeft – Part 2 – James Smith

23 October 2010

Evening,

And you’re probably asking yourself as to what is he doing posting a Record with no Smith name recorded in the content? Well there is. In this part, which in sequence is the second part, but it is also the first part, but I wrote about that in Part 398s, and I’m still confused.

This search and research for the genealogy and ancestry of my ggg-grandfather Smith certainly at times has me discombobulated. Anyway, at the end of this document there is a List or Schedule attached which includes a number of names of persons and enterprises that appear to may have loaned funds to one of the parties. From the tenure of the document, it seems that the other party becomes somehow connected with the resolution of the contract.

In the fifth line of the first page, Page 305, there is the following statement – “is Seized in his demesne as of fee”. I had to look this one up. From the 1919 publication by Benjamin W. Pope, Legal Definitions – A Collection of Words and Phrases as Applies and Defined by the Courts, Lexicographers and Authors of Books on Legal Subjects, I discovered a reasonable explanation. But to tell you the truth, I still don’t understand… Guess I’ll have to take some Contract Law courses.

From the Grenada Registers of Records here are the images of Pages 305 through and including 309. I downloaded them from Item 4 of the microfilm FHL [1563379].


And my transcription… See Page 309 for the James Smith entry.

(305)

Grenada
Entered 17th February 1816
This Indenture made this eighth day of
October in the year of Our Lord one thousand eight hundred and ten Between
Francis Peter Renaud of the parish of Saint Andrew in the Island of Grenada
Planter of the one part and Ferdinand De Creeft of the Same parish and Island
Planter of the other part Whereas the said Francis Peter Renaud is Seized
in his demesne as of fee of the two Several plantations or Estates Slaves hereditaments
and premises hereinafter mentioned and described And whereas the said
Ferdinand De Creeft hath contracted with the said Francis Peter Renaud for the
absolute purchase thereof free from incumbrances (other than hereinafter is
mentioned) at the Sum of one hundred and Sixty five pounds of Current money
of Grenada and the Same are now intended to Conveyed to him and his heirs in
the manner hereinafter expre∫sed and whereas the said Francis Peter Renaud
is indebted to Sundry persons in this Island to the amount of four thousand
three hundred and eighty two pounds Sixteen shillings and five pence Current
Money of Grenada (a List or Schedule of which is thereto annexed) and for the
payment of which the said premises may be levied on and Sold in Case of
Judgments being at any time recovered against the said Francis Peter Renaud
for the amount of all or any of the said debts and the said Francis Peter Renaud
being anxious and desirous that the said debts should be paid without delay
the said Ferdinand De Creeft hath agreed so to do and also to pay the said
Francis Peter Renaud the said sum of one hundred and Sixty five pounds
current money is aforesaid for the absolute purchase in Fee simple of the said
premises which said offer the said Francis Peter Renaud hath accepted and
hath agreed in Consideration thereof to convey his Estate and inheritance in
the premises to the said Ferdinand De Creeft in many hereinafter mentioned
Now therefore this Indenture witne∫seth that in
pursuance and execution of the said Contract and Agreement and in further
Consideration of the said Sum of one hundred and Sixty five pounds of Current
Money of Grenada to the said person? of? Francis Peter Renaud in hand paid
by the said Ferdinand De Creeft at the time of the Sealing and delivery of these
said present (the receipt whereof is full for the purchase of the said two
Plantations

(306)

Plantations or Estate Slaves hereditaments and premises hereinafter
particularly mentioned and described the said Francis Peter Renaud doth
hereby acknowledge and of and from the same and every part thereof doth acquit
release exonerate and for ever discharge the said Ferdinand De Creeft his heirs
executors administrators and a∫signs and the said premises as well by these
presents as by the receipt or acknowledgment for the same Time _____
endorsed) he the said Francis Peter Renaud Hath granted bargained Sold and
released and by these presents Doth grant bargain sell alien release and confirm
unto the said Ferdinand De Creeft and his heirs all that Sugar plantation or Estate
of him the said Francis Peter Renaud called Colombier situate lying and being
in the parish of Saint Andrew in the Island of Grenada aforesaid containing by
admeasurement 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 Balthazar Estate on the West by Mount Zomline Estate on the
North by Mirabeau Estate and Retreat Estates on the south by LaForce Estate in
or howsoever otherwise the same may be abutted or bounded And also all those
fifty Negro and other Slaves now being upon or belonging to the said ^plantation Estate
and whose names are as follows that is to Say Augustin Prosper Gabriel
Urbin Lucyius Joachim Seraphim Regis Benabié Marter? Jean Louis
Barthelemi Dominique Henry Eustace Jean Charles David being Males and
Agathe Margeritte Angelique Jeannette, Venus Judith Franchine Rosette
Simonne Mannette Egie Jeanne Rose Marie Catherine Mary, Felicite
Nancy being Women And Edward Joseph Louis Charles Louis Pierre Paul
Jean Philippe Pierre Jacques, Jean Baptiste Saint Louis Francois being
Boys and Marthe Francoise Louise Susanne Celanie being Girls and
all the progeny Offspring i∫sue and increase of the Females of the said Slaves
and all and every the live^ and dead stock utensils and implements of plantership now
being in and upon or belonging to the said plantation or Estate and all houses out
houses Sugar Works edifices and buildings thereon standing or being or thereto
belonging And also all that other plantation or Estate of him the said Francis Peter
Renaud called Pyrhenness and situate lying and being in the parish and Island
aforesaid containing by Admeasurement twenty quarres French admeasurement
or thereabout be the same more or le∫s and abutted and bounded as follows that
is to Say on the East by the plantation called Mont Zomlin on the West by
Chadeaus and ungranted Lands on the North of Preudhomme and
Molenier and on the South by lands formerly Rochards or howsoever otherwise
the Same may be abutted or bounded And all Ways paths pa∫sages waters
watercourses profits Commodities hereditaments and appurtenances ______
to the said plantations or Estates and premises or to any of them belonging
or in any wise appertaining or therewith or with either of them now or
at any time heretofore held used occupied or enjoyed or Accepted Reputed
deemed taken or known as part parcel or member of them or either of
them or of any part thereof (all which said two plantations or Estate
Negro

(307)

Negro and other Slaves plantation utensils implements hereditaments
and premises are now in the Actual po∫se∫sion or legally vested in the said
Ferdinand De Creeft by Virtue of an Indenture of Bargain and Sale to him
thereof made by the said Francis Peter Renaud bearing or intended to bear
date on the day next before the day of the date of these presents in Consideration
of ten Shillings to him paid by the said Ferdinand de Creeft for the term
of one year commencing from the day before the day of the date of this
same Indenture and by force of the Statute made for transferring of uses
into po∫se∫sion and the remainder and remainders reversion and reversions
and all and Singular the Rents proceeds and profits to a use or become
payable for or in Respect of the Same and every part thereof and all the Estate Right
Title interest use trust property inheritance po∫se∫sion claim and demand
whatsoever both at Law and in Equity of him the said Francis Peter Renaud
in to out of upon or respecting the said plantations Slaves and hereditaments
or any of them or any part thereof To have and to hold the said two
plantations or Estates Slaves tenements hereditaments and all and Singular
other the premises hereinbefore or in the said Indenture of Bargain and Sale
mentioned and described / and here by granted released and confirmed
or mentioned or intended So to be with their and every of their Rights
members and appurtenances unto and to and for the use and behoof of
the said Ferdinand De Creeft his heirs and a∫signs for ever and the said
Francis Peter Renaud for himself his heirs executors and administrators
and for every of them doth hereby Covenant grant declare and agree
with and to the said Ferdinand De Creeft his heirs and a∫signs each and?
every of them in manner following that is to Say That he the said Francis
Peter Renaud was at time of the Sealing and delivery of the said Indenture
of Bargain and Sale hereinbefore referred to and (Save only and except So
far as Regards the operation of the same Indenture) now is lawfully and
absolutely Seized in the Demesne ad of fee in his own Right and to his own
use of all and Singular the said two plantations or Estates Slaves tenements
hereditaments and premises hereinbefore granted released and confirmed
or mentioned or intended So to be and every part thereof both at Law and in
Equity as for or for a good clear perfect absolute and indefeasible Estate of
Inheritance in fee Simple in po∫se∫sion without any manner of threat
condition proviso qualification restriction matter or thing whatsoever
which can or may alter determine incumber charge or prejudicially
affect the Same in any manner howsoever And also that for and
notwithstanding any such Act deed Matter or thing he the said Francis
Peter Renaud now hath in himself and in his own Right full power and
Lawful and absolute title and Authority to grant bargain Sell Release
and Confirm all and Singular the same plantations or Estates Slaves
hereditaments and premises and the po∫se∫sion reversion and inheritance
thereof unto and to the use and behoof of the said Ferdinand De Creeft his heirs
And 

(308)

And a∫signs in the manner aforesaid and according to the true
intent and meaning of these presents And further that is shall and will
be lawful for the said Ferdinand De Creeft his heirs and A∫signs immediately
upon the Sealing and delivery of these present and at all times thereafter
enter into and enjoy all and Singular the said two Estates or plantations Slaves
hereditaments and premises with their and every of their rights members
and Appurtenances and to receive and retain the rents i∫sues and profits
thereof to and for his and their own use and benefit without any manner of
hindrance expulsion Interruption disturbance claims and demand
whatsoever by or from the said Francis Peter Renaud or his heirs or any person
or persons now or hereafter lawfully or equitably and rightfully claiming or
po∫se∫sing any Estate Right Title Charge interest or benefit at Law or in Equity in
to out of upon or concerning the said two plantations or Estates slaves hereditaments
and premises or any of them or of any part thereof from through under or in trust
for him them or any of them And that free and clear and clearly and
absolutely discharged and exonerate or otherwise by and at the expence of the
said Francis Peter Renaud his heirs executors or administrators
effectually defended protected and indemnified from and against all
former gifts Grants Bargains and Sales Conveyances and a∫surances whatsoever
And further that he the said Francis Peter Renaud and his heirs and all
others Claiming or having any Estate Right title or interest in to or upon
the said premises or any part thereof shall and will from time to time
and at all times upon every reasonable Request by at the expence
of the said Ferdinand De Creeft his heirs or a∫signs make do execute and
perfect all such further and other lawful and Reasonable Acts deeds
conveyances and a∫surances (for the better and more absolutely conveying
all or any of the premises hereinbefore Released and Confirmed or intended so
to be and every part and parcel thereof unto and to the use and behoof of the
said Ferdinand De Creeft his heirs and a∫signs as he or they his or their
Counsel in the Law shall Require And the said Ferdinand De Creeft
doth Covenant to and with the said Francis Peter Renaud That he will
pay off? and discharge all and Singular the said debts enumerated in
the said Schedule annexed to these presents and that he shall and will
from time to time and at all times well and Sufficiently indemnify
him the said Francis Peter Renaud from and against all and Singular
the said debts and against all Actions and Suits which may at any
time be brought for recovery of any of the said debts in Case of nonpayment
thereof by him the said Ferdinand De Creeft In witne∫s whereof the
respective parties to these presents have hereunto Set their hands and
Seals the their Seals this day and year first within written
Renaud (LS)
Signed Sealed and delivered in the presence of John Boyd & Lae VonWeiller
List of Debts referred to
Alexander

(309)

Alexander Fraser & Coy Bond for £1098.. Stlg. Ex 200 pc 2196.. - , -
Dennistouns Wilson & Coy . . . . . . . . 145 ” 2 ” 7
John Garraway & Sons . . . . . . . . 249 ” 15 ” 5
Archibald Armstrong. . . . . . . . 207 ” 9 ” 5
Estate of Angus McDonald
John Hoyes & Coy . . . . . . . . 40 ” 16 ” -
Harper Bruce & Coy . . . . . . . . 60 ” 10 ” -
John & Robert Ker . . . . . . . . 264 ” 4 ” 3
John Farquhar & Coy . . . . . . . . 67 ” 7 ” 1
William Muir. . . . . . . . 30 ” 1 ” 9
Michael Lyndsey & Coy . . . . . . . . 100 ” 5 ” 3
William Lyons. . . . . . . . 58 ” 8 ” 6
Doctor Drysdale. . . . . . . . 90 ” - ” -
Evan Kennedy. . . . . . . . 75 ” - ” -
William Laurie. . . . . . . . 46 ” 15 ” 1
Archibald Erskine . . . . . . . . 27 ” - ” -
James Smith. . . . . . . . 13 ” 4 ” -
George King. . . . . . . . 6 ” - ” -
Louis Clement. . . . . . . . 111 ” 13 ” 9
George Overton. . . . . . . . 40 ” - ” -
Doctor Chambal. . . . . . . . 13 ” 4 ” -
Robert Chalmers. . . . . . . . 19 ” 18 ” 3

Grenada
Before His Honor John Lindsay
Esquire A∫sistant Justice of the Supreme
Court of Judicature of the said Island and 
its dependencies
Personally came and appeared Lawrence VonWeiller of the
Island of Grenada Gentleman who being duly Sworn on the holy
Evangelists of Almighty God made Oath that he was present together with
John Doyle late of the said Island of Grenada Surveyor and did See
Francis Peter Renaud the party executing the within Indenture of Lease
and Release duly Sign Seal and deliver the Same Indentures respectively
as and for his free and Voluntary Act and deed and this deponent further
Saith that in testimony of such due execution of the said Indenture he
this deponent and the aforesaid John Doyle did Severally and Respectively
Subscribe their names thereto as Witne∫ses
Lae VonWeiller
Sworn to before me this 28th day of February 1816.
John Lindsay

And now on to the next Indenture.

Enjoy,

Jim

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