The instrument's own words
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498
Know all men by these presents That we Nancy Barber and Ann Hibble
Barber in right of said Nancy of Charlestown in the County of Washington
and State of Rhode Island and independent of the sum of three thousand
five hundred dollars to be paid by Thomas Cornish of Richmond in said county &
said State, the receipt whereof we aforesaid acknowledge to have received, and
forever grant and quitclaim unto the said Thomas Cornish his heirs and assigns
together all the rights title and interest which we said Nancy Barber and Ann Hibble
Barber have or claim to a certain lot of land having been in said Charlestown
one hundred and one half acres more or less of land with a dwelling house and other
buildings thereon standing, bounded as follows Beginning at the houseage
of Benjamin [illegible] from thence West to the property of Rev. Paul Salisbury on the
northwest corner of Block's estate on land of St. Thaddeus & Co. South to
of Thomas Tucker receiving a building situated on the said lot side by side with a
Station ship, with a privilege, to occupy the same of any term hereunto
reserved to them and to hold the same to him the said Thomas Cornish his heirs
and assigns forever, with all the privileges and appurtenances to the same
belonging.
The condition of this Deed is purely That whereas we
said Nancy Barber and Ann Hibble Barber have executed a mortgage
bond monetary note, for the sum of three thousand five hundred dollars bearing
even date herewith and made payable to the said Thomas Cornish or order
payable two years from date that interest to be paid monthly.
Now therefore if we the said Nancy Barber and Ann Hibble Barber or our
heirs, executors administrators or assigns, of any other person for us who shall then
pay said note at or materially, together with the interest thereon according to
the tenor thereof, then this Deed shall be void, otherwise shall be null and
void in full force and effect Furthermore we the said Nancy Barber and
Ann Hibble Barber do hereby constitute and appoint the said Thomas Cornish
his executors, administrators and assigns our attorney irrevocable, with full power
of substitutions and successors for us and over our names or in our names and over
time we case default be made in the payment of said note or of the amount of
interest due thereon or breach be made of the covenants contained in the
above mentioned, and such default or breach shall continue for the term of
thirty days, to sell and suffer the premises aforesaid or any part thereof
that they find fitting over the running of seven thirty days twenty days notice of
such sale in the public news paper printed at Matunuck and in our names
or in their names to make, execute, seal acknowledge and deliver to the
purchaser or purchasers thereof any deed or deed Poll what may be necessary to
vest or such purchasers or purchasers thereof a full and absolute title of
simple tenure and on said Sale thereon’s handle the proceeds of such Sale
full power to convince and appoint said Clerk of the court to name,
give their own stated attorneys to receive the amount of the reference incurred to the
owner of the same day and off for the payment of the mortgage to such sale or sales to
apply first and before the residue of the payment of the amount of
principal and interest to said note fully discharge it and hereby agreeing that
in case of a deficit all the payment of said amount principal interest to the benefit
of said servants uncovered, the proceeds of said note shall be the amount
due and payable by the day of such sale accounting to us or our heirs or
assigns for all sums over above the amount thereof, we hereby
ratifying, approving and confirming such Sale or sales as may be made in
collected to the cause by the witness hereunto.
Revenue Stamp Furthermore we the said Nancy Barber
$8.50
and Ann Hibble Barber for ourselves and for our heirs
executors administrators and assigns do hereby warrant
unto the said Thomas Cornish his heirs and assigns
A.B. Ang. d 1864 that insurance against loss by fire shall be kept up
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499
maintained upon the buildings on the premises aforesaid in a sum not less than one Thousand
and fifty dollars and that the policy or policies of the insurance before the buildings were built The
one became above shall be assigned & transferred to the said Thomas Ennis his heirs and assigns
as collateral security hereby, and in default thereof hereby,
On this 7th day of June 1864 agree that the said Thomas Ennis his heirs or assigns
witnessed by Archibald Barber & may effect such insurance and the premises or pre
[illegible] Barber the full amount of such insurance provided, shall be a further lien upon
amount of such beneficial and the said estate, added to the amount of said notes and
amount of the above mortgage interest of the above mortgage
and hereby secure the same secured by these premises
in full
Hereunto set our hands and seal this seven day
of August in the year of our Lord one thousand
eight hundred and sixty four
Thomas Ennis
Nancy Barber L.S.
Archibald Barber L.S.
because of
Charles Cross & attorney
Signed Sealed & delivered
in presence of
Charles Cross
James S. Cross
State of Rhode Island vc,
County of Washington } Ss
Personally appeared Archibald Barber signer of the witness deed and acknowledged the same to be his free act and deed And Nancy Barber, also signer of
said deed, being examined privately, and apart from her Husband, and having said
instrument exhibited to her eye, acknowledged the same to be her free and voluntary act and deed and declared that she did not wish to retract
Before me
Charles Cross Town Clerk
Received for Record Aug d 1864
at North Kingstown Rhode Island
by Chas Cross T. Clerk