The instrument's own words
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493
To All people to whom these Presents shall come, I
Jarmin Earns of Charlestown, county of Washington in the
State of Rhode Island hereinafter called the grantor Do hereby
Know that I the said grantor for and in consideration of the
sum of seventy five dollars to me in hand, before the sealing
hereof will and truly paid by James Keefe of Providence in
the county and state aforesaid hereinafter called the grantee,
the receipt whereof I do hereby acknowledge, and am therewith
fully paid, satisfied, entitled and paid; and of every part, parcel
land parcel hereof do renovate acquit and discharge the said
grantee his heirs, executors and administrators forever by these
Presents: have given, granted, bargained sold, aliened, conveyed
conveyed and confirmed, by these presents do freely, fully
and absolutely give, grant bargain sell, alien, deliver convey
and confirm unto the said grantee his heirs and devises
forever, A certain tract of cedar swamp situated in
said Charlestown containing twenty acres more or less bounded
as follows, beginning at the south east corner of said tract
at a stake thence Northerly bounding Easterly by land of
Benjamin I. Haviland. thence Westerly bounding Southerly
by land of Benjamin Suckley. thence Northerly bounding
Westerly by land of George Ricey. thence Easterly bounding
Southerly by the Condition leather swamp to the place of
beginning or however otherwise bounded. to have
and to hold, the said granted and bargained premises, with all the
appurtenances, privileges and immunities to the same
belonging or in any wise appertaining to the said grantee his heirs
and assigns forever, to his and their only proper use, benefit and
behoof forever. And I the said grantor for myself my heirs,
executors and administrators, do covenant promise and grant
to and with the said grantee his heirs and assigns, that at
present and before the ensuing heirs I was the true, sole and lawful
owner of the above bargained premises, and was lawfully
seized and possessed of the same in my own proper right as
good, perfect and absolute estate of inheritance in fee simple,
land found in myself and right full power and lawful authority
to grant bargain sell convey confirm the said bargained
premises in manner as aforesaid. And that the said
grantee his heirs and assigns, shall and may from time to time,
and at all times forever hereafter, by peace and virtue of these
presents, lawfully, peaceably and quietly hold, use, enjoy
possess and enjoy the said demised and bargained premises with
the appurtenances free and clear, and fully and clearly acquit
forevered and discharged of any and all manner of
former or other gifts, grants, bargains, sales, leases mortgages
wills entails jointures dowries, judgments executions debts
encumbrances, of what name or nature soever, that might in
any way obstruct a make void this present
deed. Furthermore I the said grantor for myself my
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heirs, executors and administrators do covenant and engage the above
demised premises to the said grantees 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 And I Phoebe S
Curtis wife of the said grantor in consideration of the sum paid as
aforesaid, do hereby release and forever quitclaim unto the said grantee
his heirs and assigns all my right of dower in and to the aforementioned
premises. The condition of this deed is such That whereas
I the said Samuel Curtis having executed my negotiable promissory
note for the sum of seventy five dollars sterling eve date herewith
and made payable to the order of George Ha a clerk with interest at
the rate of six per centum per annum payable annually till said
principal sum is paid whether at or after maturity and all mutual
interests of interest in arrears whether before or after maturity to bear
interest at the rate aforesaid till paid Therefore I of
the said grantor or any 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 tenor thereof 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 associated administrators and assigns, my attorney
irrevocable with full power of substitution and revocation for me and
in my name paired or in his name names or names, at any time
in case default shall be made in the payment of any said note or
of the annual interest 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 giving after the expiration
of said term of ten days twenty days notice of such sale in
one of the public newspapers printed in this state and in
my named or in their name or names to make seals 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 forever
and on sale thus held hereby granting unto my said Attorney power
to continue or adjourn such sale from time to time I do authorize
my said Attorney 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 principal and interest of said
note hereby recorded I hereby agreeing that in case of a sale for
default in the payment of said annual interest the principal of
said note shall be deemed due and payable on the day of such
sale according 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 whatever chance to
be made by virtue hereof
In testimony whereof we have herunto set our hands and seals
this 29th day of December in the year of our lord one thousand
eight hundred and eighty seven.
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Signed, sealed and delivered
in presence of
George Lo Ross.
Varnum Ennis L.S.
State of Rhode Island ss
County of Washington
In the town of Charlestown this 29th
day of December AD 1887 Varnum Ennis personally appeared
before me, and acknowledged the foregoing instrument, that he had
signed to be his free and voluntary act and deed.
George Lo Ross
Notary Public
Received for record December 29th 1887 at one o'clock P.M.
and recorded by George Lo Ross Town Clerk
Richmond Rhode Island February 19th 1891
Having received full satisfaction of the within mortgage and the note thereby
secured I hereby release and discharge the within mortgage deed.
Witness my hand and seal this 19th day of February AD 1911
Signed recorded in presence of
George H. Colaleks L.S.
Coleman J. Cushing
Record May 10 1911 by George Lo Ross Town Clerk
Whereas an agreement was made on the 13th day of July
1844 by and between Roland G. Hazard and John H. Colaleks
and recorded in the Town of Richmond Rhode Island in book
10 p 84 1844 fixing the height and width and length of the way-watery
of the dam at Coarolida, and whereas it is for the advantage
and benefit of the owners of the water privileges at Shannons
and Coarolida to erect in said water-way certain waste-gates
whereby surplus water may be more readily drawn from
said dam. Now therefore in consideration of said
benefit and of the sum of one dollar paid by the Carolina
Mills Company, the Technological Manufacturing Company
a corporation chartered by the General Assembly of said
State now owning the water privilege at Shannons hereby
gives and grants full permission to the Carolina Mills
Company to erect and maintain in said water-way at
Coarolida, such waste-gates as they may see fit providing
that the space along the top of said water-way for the flow
of water shall not be reduced below the space required by
said agreement except by the parties named necessary for
said gates. In witness hereof the Technological
Manufacturing Company have hereunto affixed their
name and seal by their President duly authorized for
that purpose this 28th day of December 1884.
In presence of
George Carmichael Pres. Carmichael duly authorized L.S.
Theo H. Hazard
Wm B. Lawton