The instrument's own words
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350 To all people to whom these presents shall come
I John Congdon of Charlestown in the County of Washington
in the State of Rhode Island, hereinafter called the Grantor
Samuel Breeding—Know ye, that I the said Grantor
for and in consideration of the sum of two thousand
eighty dollars, to me here before the undersigning hereof well
and duly paid by Charles G Congdon of Westerly in the
County of Washington and State of Connecticut hereinafter called the
grantee the receipt whereof I do hereby acknowledge and determine and
fully satisfy extending and paid and paid and of every part and
hereof therefore do separate, acquit and discharge the said Grantee his
heirs, executors and administrators forever by these present here grand
granted, bargained, sold alienated conveyed, confirmed and conveyed, and
by these presents do fully fully and absolutely grant, give, grant, bargain
sell, convey and appertain unto the said grantee his heirs and assigns
forever, a certain lot of land situated in said Charlestown containing
by estimation one acre more or less bounded Northerly on the land of
heirs of Joseph Cory, Easterly and a highway Southerly and Westerly
on land now the (estates) of someone otherwise bounded, with all the
buildings and improvements thereon
To have and to hold the said granted and bargained
premises, with all the appurtenances, privileges and conveniences to
the same belonging or in anywise appertaining to the Grantee his
his heirs and assignses forever to the and their proper use, benefit and
behoof forever. And I the said grantor for myself and for my heirs
executors and administrators do covenant premises forever and grant to and
with the said grantee, his heirs and assignses that at and before the
executing hereof I am the true sole and lawful owner of the above bargained
premises, and am lawfully bought and possessed of the same in my own
proper right as well perfect and absolute title of indenture in the simplicity
and have in myself good right full power and liberty to grant, grant
bargain, sell, convey and confirm the said bargained premises in manner expressed
And that the said grantee, his heirs and assignses shall and may from time
to time, and at all times forever hereafter by fore and virtue of these
presents lawfully, peaceably and quietly have, hold, use, enjoy possess and
enjoy the said devised and bargained premises, with the aforementioned, fore
and clear and freely and clearly acquired appurtenance and privileges and of
from act all manner of claims of some and other gifts, grants, bargains,
sales, leases, mortgages, willy entails, jointures dowries, executions
and incumbrances, of what name or nature whatsoever that might in
any measure or degree obstruct or matter avoid this present election
Furthermore, I the grantor (John Congdon) for myself
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my heirs, executors and administrators, do covenant and engage the above
demised premises to the said grantee his heirs and assigns, against
the lawful claims and demands of any person or persons whatsoever,
forever to warrant, seize and defend by these presents.
The condition of this deed is such that whereas I, the said
John Longyear have accepted my negotiable promissory note for the
sum of two hundred and eighty dollars, bearing current date herewith
and made payable to the said Charles G Longyear or order one
year after date, notes entered at the rate of step per centum
per annum, payable annually till said principal sum is paid,
whether at or after my maturity, and all installments of interest
in arrears, whether before or after maturity to bear interest at the
rate aforesaid till paid
Now therefore, if I the said grantor or my heirs, executors,
Administrators or assigns, or any other person for me or for them,
shall pay said note at maturity, together with the interest thereon
according to the terms thereof, then this deed shall be void, otherwise
shall be and remain in full force and effect.
Furthermore, I the said grantor, do hereby constitute and appoint
the said grantee, his executors, Administrators and assigns my
attorneys irreplaceable, in the full power of substitutes and substitutes and
receivers for me and in my name or in their names or names,
at any time, in case default shall be made in the payment of
my said note or of the annual interest due thereon, and such
default shall continue for the term of ten days to sell at public
auction the premises aforesaid, or any part thereof, first finding,
after the expiration of said term of ten days, timely give notice
of such sale in some one of the public newspapers printed in this
State, and in my name or in their names or names, to make,
execute, seal, acknowledge and deliver to the purchaser or purchasers
thereof, any deed or deeds that may be necessary to vest in such
purchaser or purchasers, a full and absolute estate in fee simple
thereon and in said Sale thereof (hereby granting unto my said
attorneys power to continue or adjourn such sale from time to time)
I do authorize my said attorneys to receive the amount due
damages etc. for said sale, and after the payment of all the expenses
incident to such sale or sales, to apply and appropriate the residue
thereof to the payment of the current of principal and interest of
said note first secured (I hereby agreeing that in case of
a failure default in the payment of said annual interest,
the principal of my said note shall deemed due and payable
on the day of such sale,) according to my heirs my heirs and
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352
assigned, for all sums over and above the amount thereof. I 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 have hereunto set my hand and seal
this fifth day of September in the year of our Lord one thousand
eight hundred and seventy, Seven
Signed sealed and delivered John Congdon L.S.
in presence of
Charles Cross
State of Rhode Island etc
Before me Charles Cross this fifth day of September
1877, John Congdon personally appeared before me and acknowledged
the foregoing instrument to be his hand signed to be his free and voluntary
act and deed
Charles Cross
Justice of the Peace
Returned for Record Sept 5th 1877
at 2 o'clock P.M. and recorded
by Charles Cross Town Clerk
Willingmantic R.I. January 16th 1883
Having received the full amount of the note
secured by the within mortgage both principal
and interest I hereby discharge the same in full
Witness my hand and seal day and date above
named John E. Congdon L.S.
I presence of
Henry W. Congdon
The page as recorded
