The instrument's own words
page 1
516
To all people to whom these presents shall come
I James No Metcalfe of Providence and the county of Washington & state
of Rhode Island Send Greeting. Know ye that I the said James No
Metcalfe for me and my inconsideration of the sum of four hundred dollars to be
in hand before the witnessing hereof well and truly paid by Daniel B. Hongyon
of Charlestown, county, and State aforesaid, the receipt whereof I do hereby
acknowledge and in tenement fully satisfied executed and paid, and thereby
and of every part part and parcel thereof at severance, augment and derogation
hence the said Daniel B. Hongyon, his heirs separate and administrators
forever by these presents, have given granted bargained sold aliened shifted
conveyed and confirmed, and by these presents do fully finally and absolutely give
grant bargain sell alien shift convey confirm and forever unite unto the said
Daniel B. Hongyon his heirs and assigns forever All my right Title and will
and in to a certain piece or parcel of land lying in Charlestown, County as
State aforesaid, bounded and described as follows to wit, on the North
by lands of Poly Pelly Foster and Indian lands, Easterly by land of Jordan White
and the highway thereabouts thenly by land of the heirs of Patience Burleigh, Jordan
lands, and lands of Utterton Perry, Westerly by brook which separates it from
lands of Metcalfe Perry or whoever otherwise the same may be bounded,
containing by estimation seven hundred and more or less. Being the same
estate conveyed to me by said Daniel B. Hongyon Mortgage, dated the
17th day of January, Ad 1848.
And have and to hold the Said granted and bargained premises
with all the appurtenances privileges and commodities to the same belonging in
any piece appertaining to the same part Premises to Hongyon his heirs and every
forever, to his and this only proper use benefit and behoof forever.
Also I the said James No Metcalfe for myself my heirs executors and
administrators, do covenant promise and grant to and with the said Daniel B.
Hongyon his heirs and assigns, that at and above before the crossing hereof of
this deed, sole and booked owner of the above bargained premises, and am lawfully
seised and possessed of the same in my own proper right, as good perfect and clear
estate of inheritance as in herself, and have in me good right full power and
lawful authority to grant bargain sell convey and impound the said
bargained premises in manner as aforesaid, and that the said Daniel B.
Hongyon his heirs and assigns shall and may from time to time and at
times forever hereafter buy fore and nature of these presents, lawfully peaceably
and quietly have hold enjoy occupy possess and enjoy the said demised and bargained
premises under the aforementioned premises and clear and fully and entirely equitably
conveyed and discharged of and from all and all manner of claims of others
gifts grants writes bargains sales leases mortgages wills writes jointures dowers
judgments executions and mean burdens of what name or nature rare
that might in any measure or degree diminish or make void
this present deed.
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517
Furthermore I the said James M. Mattoxen for myself my heirs executors
and administrators do covenant and engage that the above named promisor to him
the said David B. Henxon his heirs and assigns against the lawful claims
or demands of any person or persons whatsoever warrant seisure and
defend by his process.
And I Prudence B. Mattoxen wife of the within named James M. Mattoxen
in consideration of the sum paid as aforesaid do hereby release and forever
quit claim with the said David B. Henxon his heirs and assigns all my
right of Tenancy and to the aforementioned.
The conditions of this deed is such that whereas I the said James M.
Mattoxen have executed my negotiable promissory note for the sum of four hundred
dollars, bearing oven date herewith and made payable to the said David B.
Henxon or order in two years after date with interest at the rate of eight
per cent per annum Payable semiannually.
Now therefore if I the said James M. Mattoxen or my heirs executors administrators
or assigns or any part thereof shall pay the said note at
maturity together with the interest thereon accruing to the terms thereof then
this Deed shall be null and void.
Furthermore I the said James M. Mattoxen do hereby constitute and appoint
the said David B. Henxon his executors administrators and assign my true
and lawful attorney or attorneys irrevocable with the full power of substitution
and revocation for me and in my name or in his or their name or names
at any time now or case any deed of sale shall be made in the payment of said note or
the semiannual interest thereon accrued or in breach shall be made for the amount of
premises hereinafter mentioned and described but if on breach shall continue for
this term of ten days long to post a public notice on the premises aforesaid or any part
thereof the first day after the expiration of said term of ten days long describing
nature of such sale in one of the publick newspapers printed in Woonsocket
County and are my person or in his or their name or names to make spcute execute
seal acknowledge and deliver to the purchaser or purchasers any deed or
deeds that may be necessary to pass in such purchase or purchasers a full
and absolute estate in fee simple tenure and on sole term I hereby granting unto
my said attorney full power to return or advance such date some time from time to time
I do solemnly say my said attorney is power to receive the same sum the same may be sold for
and of the payment of all the expenses incurred in such sale or sales to
offset and appropriate the residue thereof to the payment of the principal
of four hundred and interest of said note hereby agreeing that in case
of a sale for deficit in the payment of said semiannual interest or in breach
of said covenants of insurances the proceeds of said note shall be deemed due and
payable on the day of such sale accounting to me or my heirs or assignees for
all sums over and above the amount thereof I hereby ratifying confirming
and confirming such sale or sales as may be made or caused to be made
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518
by my picture hereunto— Furthermore, I the said James W. Matterson for myself
and for my heirs executors administrators and assigns do hereby grant easement on the said
premises to Benjamin B. Matterson his heirs and assigns anymore that agreement against how far
she shall be right and maintained upon the buildings on the premises aforesaid
over a road not less than four feet wide from south to east and that the parties of a part
hereinafter shall be assigned and transferred to the said Benjamin B. Matterson his
assigns as collectors county bonds and in default thereof be hereby agree that the
said Benjamin B. Matterson or assigns may offset such advances and that the
foregoing or premises paid through Matterson shall be a further load upon said estate
subject to the amount of said notes and secured by their presence
In Testimony whereof we have hereunto set our hands and seals this
Seventh day of February in the year of our Lord one thousand eight hundred
and eighty.
Signed sealed and delivered
in presence of
(wax) W. Matterson
Abel Farner
James W. Matterson L.S.
Benjamin B. Matterson L.S.
State of Rhode Island & p
Providence Sc.
In Richmond this twenty eighth day of
January AD 1880 before me appeared James W. Matterson & Benjamin B. Matterson personally
and acknowledged to me and attested the foregoing instrument be their signed
to have their free and voluntary act and deed
Abel Farner
Justice of the Peace
Annexed for Record January 30th 1880 at 1 o'clock P.M.
and Recorded by Charles Cross - Town Clerk
For transfer of the above mortgage see book
No 12 page 128
The page as recorded
