1/3/1828 · AGREEMENT · book 6 page 55 doc 12279

53 KNOW all men by these presents That I Noah Kingyan of Charleston lower the County of Washington &c do and in consideration of the sum of nine hundred and sixty five pounds sterling dollars and seventy cents paid to me by Walter Berry of South and the County of Washington and George St. H. Berry of Charleston lower and the County of Washington in the state of Rhode Island and the peace of the said state to wit that is to say the said Walter Berry paid the first hundred and seventy five pounds sterling cents and the said George St. H. Berry the sum of seven hundred and twenty five dollars and seventy cents the Right wholly acknowledge and release unto the said Walter Berry and George St. H. Berry and their Heirs forever the following described land namely a certain piece of land situated in the town of Charleston in the County of Washington containing about one hundred and twenty acres for the same now or ever was or of and appertaining to said Rhode Island and the aforesaid land is by the County boundary on the south bounded by the land of [illegible] and bounded easterly by the land of [illegible] and bounded westerly by the land of [illegible] and bounded northerly by the land of [illegible] and the balance of the said land is by the road the first mentioned bounds. And I do hereby will and declare the said Walter Berry and George St. H. Berry with the power legal and lawful to warrant and defend the said Walter Berry and George St. H. Berry their heirs and assigns against any and all persons and be a hold and defend for the said Walter Berry their heirs and assigns to the said Command with the said Walter Berry the County of Washington &c and the Heirs then and there appearing in that I am inquiring void in of the County of Washington that their heirs from all claims whatever they have right to sell and convey the same to the said Walter Berry and George St. H. Berry the same is void and again and that I will warrant and defend the same to the said Walter Berry and George St. H. Berry their Heirs then and there appearing against any and all lawful claims of all other persons. Provided Nevertheless that if the said Walter Berry and George 16 the County then Heirs complain the law or follow the full and just sum of nine hundred and seventy five pounds sterling dollars and seventy cents and as a forfeit sum of twenty feet more which unless he shall do on or before the 25th day of January year of our Lord one thousand eight hundred and twenty eight the said Walter Berry shall remain in full possession and retain the same whereas whence I have hereunto set my own hand and seal this fifth day of January in the year of our Lord one thousand eight hundred and twenty eight 1828 Signed sealed and delivered in presence of Martha Berry Samuel Berry by Charleston Noah Kingyan S. S. Recorded January 15 1828 by [illegible] [illegible] for at Charleston office on the 5th day of January 1828 in done appeared the above named Noah Kingyan signed sealed and delivered the above deed and acknowledged the same to be his free voluntary act and deed Did and declared so [illegible] [illegible] [illegible] Whereas Walter Berry and George St. H. Berry late of Charleston in the above manner gazer in Company paid and on the date herein aforesaid were held by said Walter Berry and Samuel Ward that is to say in the aforesaid composition of nine hundred and seventy dollars and seventy cents paid the said Walter Berry and on the aforesaid nine hundred and seventy pounds sterling cents and the aforesaid Samuel Ward and the aforesaid land but on the said land the said Walter Berry and George St. H. Berry and their Heirs forever and the sum of nine hundred and seventy pounds sterling dollars and seventy cents the said Walter Berry and George St. H. Berry and their Heirs to be in mortgage of the said and the further Obligation hereafter to be declared that they have in the mortgage of the said Date the sum of nine hundred and seventy pounds sterling dollars and seventy cents that is to say the said Walter Berry paid nine hundred and seventy pounds sterling cents and to avoid Samuel Ward three hundred and twenty five dollars and seventy cents and whereas in the said conveyance as aforesaid hereby and furtherly our Heirs executors administrators and assigns to the aforesaid Agreement and that said Mortgage shall in full force and effect this third day of January In witness whereof we have hereunto set our hands and seals this third day of January (turn to page 194) 1828.