The instrument's own words
page 1
To all People to whom these Presents shall Come,
I Samuel Davis of Charlestown in the County of Washington in the state
of Rhode Island
Send Greeting. Know Ye, That I the said Samuel Davis
for and in consideration of the sum of
forty two hundred dollars
in hand therefore the consenting hereof well and truly paid by
David R. Barker of Providence in the county and state aforesaid
the receipt whereof I do hereby acknowledge and assent with every fully satisfied contented and paid; and thereof all and every part and parcel
therefore do execute assign and quit claim how soever the said David R. Barker his
heirs, executors and administrators forever to have and hereby granted said alienated effected conveyed and confirmed; and
by these presents remedy make void handy and useless any former grant largest all cause relief convey and confirm unto
him David
heirs and assign forever
the said David R. Barker
one certain lot of land situated in the village of bridge’s mills in the town
of Charlestown and contains by estimation two and one half acres more or
less with a dwelling house and other buildings thereon situated and
bounded as follows Northly by the highway, easterly by land of the house
of Samuel Ward deceased easterly by said highway land westerly by the Mill
brook, other than lot of wood land contained by estimation two acres more
or less bounded Northly by, land of the house of An. [illegible] stoddard, westerly
by land of the house of Samuel Ward deceased Northly by land of bridge’s
Street, easterly by land of Samuel Davis early, also the wood and lumber standing
on a certain lot of land lying south of the Providence bound in said
Charlestown also the following articles of personal property move able and my
appurtenances viz one horse, two oxenes and one harness and four hags
together with all other personal Property not exempt by law from
attachment
To have and to hold the said granted and bargained premises with all the appurtenances privileges and commodities to
the same belonging or in any way appertaining to the said David R. Barker his
heirs and assigns forever to have and to hold properly use benefit and behold forever. And I the said
Samuel Davis by myself and any heirs executors and administrators
do covenant promise and grant to the said David R. Barker his
heirs and assigns at and at the full befitting sewer of the sume i own true right and proper right and good absolute and estate of inheritance
premises and annv lawfully seised and possessed of the sume in any proper right and good absolute and estate of inheritance
in the simple i have and more over a good right full power and authority to grant bargain sell and convey and confirm the said bargained
premises and annv to the said David R. Barker his
heirs and assigns and may from time to time and at all times forever henceforth for however by force and virtue of this present lawfully possessably and
quietly have hold use appurtenances enjoy and enjoy the said bargained and granted premises with the appurtenances free clear and hereby
fully and absolutely guaranteed from all lawful claims of any person or persons whatsoever forever to warrant secure and defend by these presents
estates journals deliveries judgments executions and embracements of whatever name or nature sever never in what degree or measure degree or
measure or make this present void.
Furthermore the said
Samuel Davis by myself and any heirs executors and administrators do covenant and engage the above demised
premises to David R. Barker his
heirs and assigns
against the lawful claims or demands of any person or persons whatsoever forever to warrant secure and defend by these presents
The consideration of this deed is such that whereas I the said Samuel
Davis have executed my certain negotiable promissory notes for the sum
of forty two hundred dollars (4200) bearing date April 26th 1841 now
made payable to the said David R. Barker or order on demand
and shall also pay and discharge all other liabilities which I owe
now owing or any use liable to said David R. Barker for, or which I owe
be liable to him for during the continuance of this mortgage, written by
page 2
212
note books account or as entered or otherwise. Now therefore of I the said
Prescott Baris or my heirs, executors, administrators and assigns or any other
person for me or for them shall pay said note at maturity together with the sta
tutory interest according to the laws thereof and shall also pay all other costs,
liabilities as aforesaid then said deed shall be null void absolute be null and
void in force and effect. Furthermore I the said Prescott Baris do hereby
constitute and appoint the said David R Larkins his executors administrators
and assigns my true and lawful attorney or attorneys irrevocable with full
power of substitution and revocation for me and in my name or in their
names or premises at any time in case default shall be made in the pay
ment of said note or the commencement until due thereof or breach shall
be made of the covenants of resource hereinafter contained and such default
or breach shall continue for the term of ten days next following all public notice
the premises aforesaid or any part thereof first giving notice after the expiration
of said term of ten days twenty days notice by letter said town in some one of the
public newspapers printed within the County of Providence and in my name or in
their names or names to make execute duly acknowledge and deliver to the
purchaser or purchasers any deed or deeds that may be necessary to convey
or set out such purchase or purchases to a purchaser or purchasers a full and absolute title to
such simple tenure and or such sale thereof hereby granting unto my said attorney
full power to continue or execute or pursuing said sale from time to time I do hereby
my said attorney to receive the amount the same may be sold for and after
the payment of all expenses incident to such sale or sales to apply and
appropriate the residue thereof to the payment of the amount of principal and
interest of said note hereby secured I hereby agreeing that in case of a
sale default in the performance of said terms unconditional either or for breach
of said covenants of extensions the principal of said note shall be deemed
due and payable on the day of such sale accountant to me or my heirs
or assigns for all sums above the amount thereof hence hereby ratifying
approving and confirming such sale or sales as may be made or caused to
be made by virtue hereof
In testimony whereof I hereunto set my hand and seal this 18th
day of June in the year of our Lord one thousand eight hundred and
sixty seven (1867)
Signed sealed and delivered
In presence of
Ann E Collake
R P Walker
Revenue stamps
$2.50
P X Davis L S
mask
State of Rhode Island to wit
Washington Co. Ss I now Richmond this 18th day of
June 1867 Personally appeared
before me and acknowledged the writing within
before me had signed and sealed to be his free and voluntary
act and deed R P Walker
Not Public Notary
Received and recorded June 18th 1867 at 3
oclock PM and recorded by Clerk Court
Binders by 6 cents
I bill
For transfer of this mortgage see
Book No 11 page 6
The page as recorded
