The instrument's own words
page 1
476 Whereas Henry Leonard of Charlestown in the County of
Washington and State of Rhode Island said on the fourteenth Day of
December 1794 made and execute his certain deed of Mortgage
of certain Real Estate situated in said Charlestown and hereinafter
more particularly described to Malley Derry of South Kingstown
in the County and State aforesaid to secure the payment of a
certain promissory note at reference to said deed of mortgage
which is recorded in Book 12 of Land Evidence in said
Charlestown pages 371, 372, 373 & 374 will more fully
appear And whereas said Henry Leonard in and by said
mortgage deed fully authorized and empowered the said Malley Derry
his executors administrators and assigns to sell and convey
the property described in and conveyed by said mortgage deed
under the conditions and in the manner therein provided in the event
of the prime of said Henry Leonard or in the name of
said Malley Derry his executors administrators or assigns.
And whereas the said mortgage deed was made and given on
condition that the promissory note therein mentioned be paid according to
the terms thereof then said deed to be void of therefore to be cancelled
remain in full force and effect And whereas the default
made in the conditions of said deed in that the said note not
became due and payable and remained unpaid for more than
ten days past the time of the payment thereof and also the
semiannual interest became due and payable and remained unpaid for more than
ten days from the time the same became due and payable and be folk the giving of the
mortgage of the sale by said trustee in the manner hereinafter mentioned.
And whereas the said Malley Derry after said default
had caused for more than ten days advertised the premises
described in said deed of mortgage for sale at a public auction
in the Marketplace of said town in the public newspapers printed
in this state for more than month days before the day of sale named
therein And whereas at a public auction on the 1st day of
June 1809 sold in pursuance of and accordance of said
advertisement and notice of sale the said premises were purchased
by James F. Higgins of said Charlestown he being the highest
bidder there for for the sum of ten dollars and some more paid
by him I do therefore now declare all men by these presents that Malley
Derry by virtue of the power and authority conferred upon him
by said deed of mortgage for and in consideration of said sum
of ten dollars and twenty five cents to me paid by said James F
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477
Kenyon the receipt of which I hereby acknowledge do hereby give
grant bargain sell and convey unto the said James St. Kenyon his
heirs and assigns forever a certain lot of wood land situated on
in said South Kingstown containing seven perches three quarters
and thirty rods bounded as follows beginning at a stake and
runs at a corner of James St. Kenyon's lands by a east path
thence North 76 1/2 West 49 rods and 22 links to a Buttonwood tree
thence North 40 West 20 rods to a stake and from thence
North 20 1/2 West 27 rods & 8 links thence North 88 East 13 rods &
17 links thence South 20 West 17 rods and 1 link thence South
17 1/2 West 20 rods & 15 links thence South 25 West 13 rods thence
South 17 1/2 West 5 rods & 3 links to the place of beginning
do give and to hold the same with all the rights privileges
and appurtenances thereto belonging to him the said James
St Kenyon his heirs and assigns forever
In witness whereof I have hereunto set my hand and
seal this 27th day of June AD 1879
In presence of
Charles Converse
Walter Berry L.S.
State of Rhode Island ss
Washington sc
On this 27th day of June 1879 Walter Berry personally appeared
before me and acknowledged the foregoing instrument by
him signed to be his free and voluntary act and deed
Charles Converse
Justice of the Peace
Received for record June 27th 1879 at 3 o'clock PM
and recorded by Charles Converse Town Clerk
The page as recorded
