2/18/1780 · JUDGMENT · book 3 page 304 doc 12969

304 Whereas there hath arisen a Dispute between us John Bard, and Joshua Bard junr both of Charlestown in King's County, of and concerning the Settlement of the Line between our Land whereas we now have our Line And in order to prevent any further Dispute about the Line between our Lands we the said John Bard, and Joshua Bard junr have agreed for us, our Heirs and their assigns that the dividing Line between our Lands after ward shall be as follows with Agreement sever, that the dividing Line between our Lands shall be as follows with beginning at a Rock with Clause on it at the North East Corner of said Joshua Bard, & shared, and from there running to a Maple Tree Standing in the Swamp with Stones about it being about that Four and six Degrees North, and from thence between the North and West a straight Line but two Maple Trees which we have markeds, Standing by Rogerat's Land, and a straight Line but one Maple Tree, which is in the Bounds of Joseph Rawings Lands, and a straight Line but to the 3rd Joshua Bard junr shall have a payment Way for his Herd wide as four as 3 Brooks that intersperse in a straight Line. All we agree shall be the dividing Line between our Lands after ward. In Confirmation of the above written Agreement between here between our Hands and seals dated the Fourth day of January A 1786 Sign and Seal’d in my Presence by Cosgdon Thing's County, January Joseph Rossey Truman Terry Ed. Crig Olyn Clark Ob. Clark [illegible] 4th Day of 1786 Joshua Bard junr. [illegible] Personally came John Bard and Joshua Bard junr: Signers to the above written Instrument, and did acknowledge the same to be their voluntary Act and Deed Before me Witnessed 1786 [illegible] Joseph Hoxie Justice of the Peace By Joe Condores, & J. Ch. King's County, October Superior Court A.D. 1779, in a judgment entered in the following Words: I do remember’d, this heretofore been Court at the Court hold at East Greenwich within and for the County of Kent on the third Monday in October A.D. 1779 now brought into this Court his wrist’s’s piece of Charlestown in the County of Thing's County Region, and be brought into this Court his wrist’s’s in Equity framing, Post on the fourth day of May A.D. 1779 being found in his own right, and in Sum of a certain of certain Rack of Land with the Appurtenances thereunto belonging in Charlestown opposite containing about four feet from Stone’s bound Northarly on the Salt Marsh, Eastarly partly on the Salt Marshes and partly on Land of Charles Clarke, Charlestown, Southarly on the Salt Marsh and Westerly upon Eliz. Bard Land the 3rd Joseph further that he at the same time and further, was found in an Sum of another a certain Rack of Land with the Appurtenances containing a about Ninety Acres stand bounded Northarly on a Saltmarsh Body, Eastarly now and of Charles Eph. Rawings containing upon the Saltmarsh and Westerly upon Land of Eliz Bard, and having be found the Part of the Land over paid, the said Joseph did then and there by his Deed dated the 4th day of May said Agreement and gave to the said Charles Clarke the Right of enjoyment of the Bounds in the County of Newport his Heirs and Assigns forever, conditioned that if the said Joseph should pay me to be paid to Charles the Sum of one hundred twenty five and one quarter of a Pound sterling called on the eighth Day of Jan A.D. 1782, with the Interest thereon, then the above Deed shall be the said Joseph executed as a Mortgage. Now the said Joseph further that he hath been at all -reaties, and felt is to redeem said Mortgage and bring with the Money and Interest required

305 by Law into Court, and therefore pray that due process may issue according ly. And then upon the Court- receive the Writ, and order the same to be returned to the Firm; and that in the mean Time Citation be issued to the Sheriff in the County of Kings County ordering him to cite the Defendant to appear at the Court in January the first Friday Date. And that the said copy of the said Citation be executed in both the parties named John Page whose article was receiving by done. And at this Court has come’d the said Joseph Page’s Attorney man as the Sheriff who was returned of the Citation, that he had notified the said Charles Dickenson by causing Copies of the Citation to be imprinted There therefore judgment is in both the Condemned Sums’s Page’s according to order. Against the said Charles not appearing in Court in January case or any other process Against the said Robert White who the said John Page’s Court should be executed the Court adjudged that the said Lands are redeemable in their order that the Court might be further advised what monies are due upon the said Mortgage, and that further and Equity may be done under the Parties, the Court makes further order that while the matter is pending proceed to nominate and appoint Freeman Perry and James Felton Esquire Masters in Chancery to evaluate the Sums of Money due and unpaid upon the said Mortgage making proper Deductions for such Terms as accrue to the said upon the payment of any so to calculate the Compound Interest thereupon from the Time from became due up to the Current Year and make Report to the Court upon as may be. And upon the said just Party bringing the Monies into the Office of the Clerk of this Court which shall appear to be due upon the Mortgage and to satisfy the Debt of the said Citation that the said Mortgage shall be discharged. Which reported of the Sum of Five Hundred Dollars Thirty and Seven and some Pennies’s which Report was accepted by the Court And the said Joseph having paid the Sum aforesaid into the Office of the Clerk of this Court for the aforesaid Purpose. Wherefore considered by the Court that the Lands, and Premises above described be and is hereby acquitted released operated etc &c discharged from the Mortgage aforesaid void to all intents purposes and constructions as if the said Mortgage had never been executed. And that the said Joseph pay all costs. Rendered Feb 18 1790. [Signature] Edward Perry Off. [Signature] Ja. Congdon, Dep. Comr Clrk To all People to whom these Presents shall come I Robert Congdon of Charlestown in Kings County Rhode Island woman for and in Consideration of the Sum of Six Dollars do further these Indenture will and hereby yield and pay by myself as Free Condal of the Sum given to me receipt whereof I do hereby acknowledge and confest the same with further full payment contained receipt paid Have remised released and forever quit claimed and conveyed by and through the Act of Descent to me right law and forever quit claim and forever confirm with the said John Page aforesaid in its actual possession and Tenure being and to his Heirs and Assigns forever all my Right Title Interest Property Claim Conveyance or Demand however have once had or ought to have in any and entire certain Lot of Land being and being in said Charlestown above specified containing one half Acre of Land Bound and Divided as followeth beginning at a Stake and Stone bent it then North East 2. ft two Chains to a Stake and Stone about 13 ft then N 24 E. three Chains and four links to a Stake and Stone bent it then S 3 W two Chains then to the first mentioned Bounds Remised and Released and Conveyed to the Genral Authority on Lands in Possession of Oct. Norton and Release paths on the South side Land’s carried’s Signed 1790.