Part 443s – Smith Robertson Genealogy – Indenture Research – 1821 GGG-Grandfather James Smith Sells Portion of Property

25 January 2011

Morning,

Following up on the heels of Part 441s it appears that ggg-grandfather James Smith converts five shillings and one pepper corn into the 1821 sum of £858 - . - . And in response to my question and inquiry, it appears that ggg-grandfather James sells a portion of land, which is a parcel of land of Good Hope Estate to Mary Jane Marecheaux.

It is amazing as to what I am learning as I spend the effort and time searching and researching for my Smith origins and the ancestry of ggg-grandfather James. The question is “Would I have ever known the distant facts and/or details of the lives of my ancestor had I not ever stumbled into the pursuit of my genealogy?” The probable answer, prior to 2003, when I began my trek, I more than likely did not really care nor have any aspirations of checking out my ancestors’ lives and histories. And now I am obsessed.

This next Indenture in my Transcription Project, as I mentioned, appears to be a finalizing contract referencing the preceding Contract dated 7 September 1821. From my reading it appears that this follows, or ties to some other Indentures dated 29 February and 1 March 1816. I discussed the purchase of Good Hope Estate by ggg-grandfather James from Julien Lussan (aka Lu∫san) in Parts 400s and 401s.

This 1821 Sale to Mary Jane Marecheaux is for six acres and 10 perches or about 6.1 acres. GGG-Grandfather James purchased Good Hope Estate in 1816 and the approximate size of the property was 44.7 acres. Mary Jane Marecheaux’s purchase approximates to about 13.7% of the total of ggg-grandfather James’ property. From the land location specifications in the Indenture it would appear that this parcel of land is located at approximately the south-west corner of the Good Hope Estate. (My guess…)

The following are images of the Pages 299 through and including 302 from the Grenada Registers of Records as downloaded from Item 7 of the microfilm FHL [1563379].


My transcription –
(299)
Examnd
This Indenture made the eighth day of September in
the year of Our Lord One thousand eight hundred and twenty One Between
James Smith of the parish of Saint George in the Island of Grenada Mill
Carpenter of the One part and Mary Jane Marecheaux of the parish of
Saint George the said Island of the other part Whereas by Indentures of
Lease and Release bearing date respectively the twenty ninth day of February
and first day of March One thousand eight hundred and sixteen the Release
being made on expre∫sed to be made between Julien Lussan of the Town of
Saint George in thesaid Island of the One part and thesaid James Smith
of the other part It is Witne∫sed that for the Consideration therein
mentioned thesaid Julien Lussan did grant bargain sell alien release and
Confirm unto to thesaid James Smith a certain plantation or Estate
Commonly called or known by the name of Good Hope Estate situate lying and
being in the parish of St. George in thesaid Island of Grenada and Containing
by estimation forty eight quarres of land or thereabouts be the same little
more or le∫s and abutted and bounded & therein particularly mentioned and
described To hold the same to thesaid James Smith his Heirs and assignments
to the only use and behoof of thesaid James Smith his Heirs and assigns for
_____ as by the same Indentures of Lease and Release duly recorded in the
Registers Office of thesaid Island reference being thereunto had will more fully
and at large appear And Whereas thesaid Mary Jane Marecheaux hath
Contracted and agreed with thesaid James Smith for the purchase of a
certain Lot piece or parcel of land part and parcel of thesaid Estate called
Good hope and hereinafter _____ particularly mentioned and described at and
for the price or sum of Eight hundred and fifty eight pounds Current money
of thesaid Island of Grenada Now this Indenture Witne∫seth that in
consideration of thesaid sum of Eight hundred and fifty eight pounds
Current money of thesaid Island of Grenada to thesaid James Smith in

hand


(300)

Hand paid fully by the said Mary Jane Marecheaux in full payment and
satisfaction of and for thesaid purchase money the receipt whereof thesaid
James Smith Doth hereby acknowledge and? thereof and therefrom acquit
release and discharge thesaid Mary Jane Marecheaux her Heirs Executors and
administrators He thesaid James Smith hath granted bargained sold
aliened released and Confirmed and by these presents Doth grant bargain sell
alien release and Confirm unto thesaid Mary Jane Marecheaux in her actual
possession now being by virtue of a Bargain and Sale to her thereof made by the said
James Smith by Indentures bearing date the day next before the day of the date
of these presents for one whole year commencing from the day next before the day of
the date of the same Indenture of Bargain and Sale and by force of the statute for
transferring uses into possession (and to her Heirs and assigns All that Lot piece
or parcel of land situate lying and being in the parish of St. George in the Island
aforesaid heretofore forming part and parcel of Good Hope Estate and Containing
by estimation Six acres and ten perches be thesame little more or le∫s and
bounded on the West by Mount Parra∫sus Estate On the South by the
public road leading from the Town of St. Georges to the parish of Saint David
on the East partly by lands in the possession of the Heirs of William Juner? deceased
and partly by lands belonging to thesaid James Smith and on the North by other
lands belonging to thesaid James Smith or howsoever otherwise thesaid Lot piece
or parcel of Land may be known or described together with all and singular
the me∫suages buildings tenements and other the erections on thesaid
Lot piece or parcel of land and premises erected built standing or being and
also all Ways paths passages hedges ditches Wells waters profits Commodities
advantages emoluments and hereditaments whatsoever to the same premises
or any part thereof belonging or in anywise appertaining or therewith at any
time heretofore held used occupied possessed or enjoyed or accepted reputed deemed
taken or know as part parcel or member thereof or of any part hereof and ^
the reversion and reversions remainder and remainders _____ i∫sues and profits thereof & of any _____ parcel thereof
and also all the Estate Right Title and interest Use trust possibility claim and
demand whatsoever either at Law or in Equity of thesaid James Smith
his Heirs and assigns of in or to thesaid Lot piece or parcel of land buildings and
other the premises with the appurtenances To have and To hold thesaid
Lot piece or parcel of land buildings erections Hereditaments and other the
premises hereby granted and Conveyed or intended so to be with their and of
their rights members and appurtenances to thesaid Mary Jane Marecheaux
her Heirs and assigns to the only proper use and behoof of thesaid Mary
Jane Marecheaux her Heirs and assigns forever And thesaid James Smith
for himself his Heirs Executors and administrators doth hereby Covenant
promise grant and agree to and with thesaid Mary Jane Marecheaux her Heirs
and assigns by these present in manner following (that is to say) that for not?
withstanding any act deed matter or thing whatsoever by hi thesaid
James Smith made done Committed or executed to the Contrary / hath _____
James Smith at the time of the sealing and delivery of these presents is

lawfully 


(301)

Lawfully and rightfully seizen otherwise well entitled to the freehold
and inheritance of thesaid Lot piece or parcel of Land buildings hereditaments
and premises hereby granted and release or intended so to be and that he
now hath in himself good right full power and lawful and absolute
authority to grant and release the same to her thesaid Mary Jane Mare-
cheaux her Heirs and assigns forever in manner aforesaid and according to
the true intent and meaning of these presents And further that it shall
and may be lawful to and for thesaid Mary Jane Marecheaux her Heirs
and assigns from time to time and at all times forever hereafter peaceably
and quietly to have hold use occupy possess and enjoy thesaid Lot piece and
parcel of land buildings hereditaments and premises mentioned to be
hereby granted and released or intended so to be and to receive and take the
rents i∫sues and profits thereof to and for her and their or on use with them
let suit hindrance interruption or denial of the said James Smith his
Heirs or assigns or any other person or persons claiming or to claim by from
or under him thesaid James Smith his Heirs or assigns And that free
and Clear and freely and clearly acquitted exonerated and discharged or
otherwise by thesaid James Smith and well and sufficiently _____
harmle∫s and kept indemnified thesaid Mary Jane Marecheaux
of from and against all and all manner of former and other Gifts Grants
bargains sales Leases Mortgages surrenders forfeitures rents arrears of
rent dowers and titles of dowers statutes Judgments executions estates
Titles charges and incumbrances whatsoever made done Committed
or executed by thesaid James Smith or any other person or persons by
through or with his Consent privity or procurement And moreover that
he thesaid James Smith 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 or interest of in to or out of the
said Lot piece or parcel of land buildings hereditaments and premises
mentioned to be hereby granted and released or any part thereof by from or under
him shall and will from time to time and at all times hereafter at the
reasonable request _____ and charges in the Law of thesaid Mary Jane mare-
cheaux her Heirs or a∫signs make do acknowledge suffer and execute or cause
and procure to be made done acknowledged suffered and executed all and
every such further and other lawful and reasonable Act and Acts things
and things conveyances and assurances in the Law whatsoever for the
further better and more perfectly and absolutely Conveying and assuring the
said Lot piece or parcel of land Buildings hereditaments and premises
mentioned to behereby granted and released as aforesaid or any part thereof
unto and to the use of thesaid Mary Jane Marecheaux her Heirs and
assigns for ever as by thesaid Mary Jane Marecheaux or his ^or her Counsel
learned in the Law shall be reasonably devised or ordered and required In
Witne∫s whereof thesaid parties to these presents have hereunto set their

hands 

(302)

Hands and Seals the day and year first above written
James (LS) Smith     The Mark of + Mary Jane Marecheaux (LS)
Signed sealed and Delivered in the presence of
Henry E. Sharpe Geo Wake 
Received the day and year within mentioned of and from the within
named Mary Jane Marecheaux the within mentioned sum of Eight hundred
and fifty eight pounds the Consideration money within mentioned to be ^paid by her paid?
to me £858 – “ – “
James Smith 
Witne∫s Henry E. Sharpe Geo Wake
Grenada
Acknowledged before me by James Smith and Mary Jane
Marecheaux the parties executing the within Indenture of Release as and
for their several and respective free and voluntary Acts and deeds this eighth day
of September in the year of Our Lord One thousand eight hundred and twenty One
Owsley Rowley 
D Reg

Next.

Enjoy,

Jim

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