The instrument's own words
page 1
Know all men by these presents that I Luke Hopkins of Charlestown
in the County of Washington & State of Rhode Island in consideration
of the sum of One hundred dollars paid by Benjamin W Case of South
Kingstown in the county & State aforesaid the receipt whereof I do hereby ac-
knowledge and for other good and valuable considerations, do hereby grant,
grant bargain sell, and convey unto said Benjamin W Case his heirs and
assigns a certain tract of land situated in said town of Charlestown and
State of Rhode Island containing thirteen poles and one half acres, more or
less and bounded as follows viz: Northerly on land of him of Truman
Water Curtis [illegible] on land pine of Samuel Hopkins, Southerly partly
on land of Amy Moore Hopkins & partly on land of poise of Charles Henry
& Northerly on land of Samuel Hopkins within a dwelling house there-
on or hereafter erected with all buildings privileges &
appurtenances. To have and to hold said granted and conveyed
premises with the privileges and appurtenances thereof, to the said
Benjamin W Case his heirs and assigns forever And I said
Luke Hopkins for me or my heirs, executors and administrators,
do covenant with said Case his heirs and assigns, that I am
lawfully seized in fee of the premises, that they are free of all
incumbrances, except a Mortgage to Charles Wilcox recorded in
Land Evidence of said Charlestown Book 10 page 245 reference
being made to the Same that I have good right to sell and convey
the Same to said Case to hold as aforesaid, and that I will warrant
and defend the same to the said Case his heirs and assigns
forever against the lawful claims and demands of all persons
except the Mortgage aforesaid.
The Consideration that this deed is made is such that whereas i
the said Luke Hopkins has executed my negligible promissory
note for the sum of one hundred dollars bearing from date hereof
and made payable to the said Benjamin W Case on order or demand
with interest until paid Note therefore if I the said
Luke Hopkins my heirs, executors administrators or assigns
or any other person for me of for thee shall fail paid said note and
interest together with the interest there accruing to the lower
thereof this deed shall be void whereas shall remain in full
force and effect Furthermore I the said Luke Hopkins
do hereby constitute appoint and affirm the said Benjamin W Case
his executors, administrators and assigns my attorney irrevocable
with full power of substitution and revocations for me and on
my behalf or in their names or names at any time in case a
default shall be made in the payment of any said note, and
such default shall continue for the term of ten days, to sell
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360
at public auction the premises aforesaid, or any part thereof they first
giving after the expiration of said term of ten days, thirty days notice
of such sale, in some one of the public newspapers printed in said
County of Washington, and in my name, or 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 put
such purchaser or purchasers in a full and absolute estate in
fee simple thereof and on sale thereof the 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 the same may be sold for 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 amount of
principal and interest of said note hereby secured, accounting
to me or my heirs and assigns for all sums over and above
the amount thereof I hereby ratifying, approving and confirming
such sale or sales as may be made or cause to be made by
virtue hereof
In witness whereof I have hereunto set my
hand and seal at Smithfield aforesaid this fifth day
of May in the year of our Lord one thousand eight hundred
and seventy seven (1877)
Signed, Sealed and delivered
in presence of
Elisha C. Clarke
Luke Hopkins L.S.
State of Rhode Island viz
County of Washington do
Town of Smithfield town
On this 5th day of May
A.D. 1877 personally appeared before me Luke Hopkins and
acknowledged that the foregoing to be his free and voluntary act
and deed.
Elisha C. Clarke
Notary Public
Received for Record October 25th 1877
at 6 o clock P.M and recorded by
Charles Cross Town Clerk
The page as recorded
