The instrument's own words
page 1
443.
right, full power and lawful authority to sell and convey the same
in manner aforesaid that the said grantor and his heirs and assigns
shall by these presents at all times hereafter peaceably and quietly have
and enjoy the said premises and that I the said servitor will and
my heirs executors and administrators shall warrant and defend
the same to the said grantee and his heirs and assigns from every manner
of lawful claims and demands of all persons whomsoever.
In witness whereof I hereunto set my hand and seal this
twenty eighth day of March in the year of our lord one thousand nine
hundred and twenty three.
Signed Sealed and delivered in the presence of
SS Eugene B. Pendleton
John H. Bruddington LS
State of Rhode Island
County of Washington
SS
In Westerly on the twenty eighth day of March AD 1923
before me personally appeared John H. Bruddington to me known and
known him to be the party executing the foregoing instrument and
be acknowledged said instrument by him executed to be his free
act and deed etc.
Eugene B. Pendleton Henry Palles
Notary Public
Received for record March 31 1923 at 9 o'clock AM
and recorded by George G. Lons, Town Clerk
in plat of state described land see page 458
Know all men by these presents that I Samuel H.
Davis of the town of Westerly County of Washington and State of Rhode
Island hereinafter called the mortgagor in consideration of five hundred
thousand dollars to one paid full John H. Bruddington of said town
county and state hereinafter called the mortgagee the receipt
witness of which is hereby acknowledged do hereby grant bargain
sell and convey unto the said mortgagee and his heirs and
assigns forever those certain tracts or parcels of land
situated in the town of Larkshead town County of Washington in
said state of Rhode Island being a portion of the Billings D.
Tracts as same is called and being the same land conveyed
from the mortgagor to this mortgagee by deed bearing date March
referred to which deed is hereby filed and made for a more
complete description This mortgage is drawn to secure
payment of a part of the full purchase price of the land
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444
herein described. It is understood and agreed between the parties that
the mortgagor may make additional payments on said land from
time to time or he may see fit, that he shall have said land plotted
into building lots and that the mortgagee shall release his mortgage
on lots as such according to their value in proportion to the amount
paid from the mortgagor to the mortgagee on the original purchase
price of said land. It is agreed that the said plat be known as some
on plat entitled "Plat of Improvement Highlands at Narragansett Beach,
R.I., Property of S.H. Davis, Gen'l D. Holland, land engineer, scale 1" = 100',
March, 1923" said plat being filed or to be filed with the land recorder of
the Town of Charlestown, for mortgage release purposes shall be filed
at fully ($10) dollars. I have and do hereby
aforegranted premises, with all the rights privileges and appurtenances
therewith belonging unto and to the use of the said mortgagee and his
heirs and assigns forever. And I the said mortgagor do hereby
for myself and for my heirs executors and administrators covenant
with the said mortgagee and his heirs and assigns that I am
lawfully seized in fee simple of the said granted premises, That he
seize the same free from all incumbrances, That I have good right full
power and lawful authority to sell and convey the same in manner
as aforesaid. That the said mortgagee and his heirs and assigns shall
by these presents at all times hereafter possess and quietly have and
enjoy the said premises and that the said mortgagor will, and any
their executors and administrators shall warrant and defend the same
to the said mortgagee and his heirs and assigns forever against the lawful
claims and demands of all persons. And for the consideration
aforesaid, I, Edna H. Davis, wife of said Samuel H. Davis do hereby allow
and convey my right of dower in and to the said granted premises unto
the said mortgagee and his heirs and assigns forev.
Provided, nevertheless, and this conveyance is made upon the express
condition, that if the said mortgagor his heirs appointed administrator
or assigns, shall pay unto the said mortgagee or his executors admin
istrators or assigns, the sum of twelve thousand dollars, whenever
the said mortgagor has made his three monthly payments of
$400, each for said mortgage payments being thereon paid with
their presents, and payable to the order of John S. Richardson,
one year, eighteen months and two years, respectively, from the date
thereof, with fourteen percent per annum interest, her annual
payable sums annually until said principal sum is paid
whether at or after maturity, and all installments of interest
in arrear, whether before or after maturity to bear interest at the
rate aforesaid until paid and shall also pay all taxes and
assessments of every kind levied or assessed upon or in
page 3
reserved said premises then this deed as also said premises hereby conveyed
shall become and be absolutely void to all intents and purposes mutations
Part if default shall be made in the payment of the said Twelve thousand
dollars or of any interest at the time aforesaid and in the manner
aforesaid or if the taxes or assessment aforesaid at the same become payable
and unpaid or if any of the terms of any part thereof still or of breach shall be made
of any covenant hereunto reserved and hereinafter contained then it shall be
lawfull for the said mortgagor his heirs executors administrators or assigns to
sell together or in parcels all and singular the premises hereby granted
conveyed or agreed to be granted conveyed to any part thereof and the benefit
and equity of redemption of the said mortgagor and his heirs executors
administrators and assigns thereon at public auction upon the premises
and to bid for and before the purchaser or purchasers any sum
which said grantor other purchaser or purchasers shall be authorized for the
satisfaction of the purchase money giving notice of the time and place
thereals by publishing the same at least once each week for three successive
weeks in the Daily Sun a newspaper published in Valley
Falls Rhode Island with power to adjourn such sale from time to time provided
that for publishing of said notice shall be continued together with a notice
of the adjournment as aforementioned at least once each week in the same
newspaper and in doing so in their own name or names or as the attorney
or attorneys of the said mortgagor for purpose by these presents duly
authorized and appointed with the full power of substitution and revocation
to make separate and diverse bills of sale to the purchaser or purchasers it will
sell a good and sufficient deed or deeds of said premises in fee
simple and to execute for the premises of such sale or sales and from
such proceed to return to certain all sums hereby secured whether then due
or not fall due thereafter but on the part thereof remaining unpaid
and also the interest thereon on the same together with all expenses
incident to such sale or sales for making the same hereunder and
for fees of conveyancing and attorney and all costs or expenses incurred
in the securing of said power and all taxes assessments and
premiums for insurance of any estate heretofore paid by the said
mortgagor his executors administrators or assigns of the same conveying
upon said granted premises considerably and paying the
surplus of proceeds of sale if any there be over such amount
as the commodity as to be retained as aforesaid together with a true and
particular account of such sale or sales signature and charges to the
said mortgagor his heirs executors administrators or assigns and such
sale or sales made as aforesaid shall form a perpetual bar
both in law and equity against the said mortgagor his heirs
executors administrators and assigns and all persons
claiming said premises as so sold by foreclosure under these
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446 them or any of them. And the said mortgagor, for himself and
for his heirs, executors, administrators and assigns, hereby covenants
with the said mortgagee, and his heirs, executors, administrators, and
assigns, that he shall and they will upon request execute such deed or
deed confirmatory of said sale or conveyance as may be required.
In witness whereof we have hereunto set our hands and seals
the twenty ninth day of March in the year of our Lord one thousand
nine hundred and twenty three.
Executed in presence of
Js. Walter Flynn Jr. Samuel H. Davis L.S.
Irma M. Davis L.S.
State of Rhode Island ss,
County of Washington
On this twenty ninth day of March A.D.
1923 before me personally appeared Samuel H. Davis and
Irma M. Davis, his wife to me known and known by me to be
the parties executing the foregoing instrument and they acknowledged
said instrument to be their free act and
deed.
Js. Walter Flynn Jr. Notary Public
Received for record April 3d 1923 at 9:15 o'clock A.M.
and recorded by George Converse Town Clerk
P. D. G. L. M. D. [illegible scribbles/shorthand]
[illegible cursive lines]
[illegible cursive lines]
[illegible cursive lines]
[illegible cursive lines]
[illegible cursive lines]
[illegible cursive lines]
G. C. [signature]
Know all men by these presents, that I Samuel
H. Davis of the town of Westerly County of Washington and state
of Rhode Island, landowner, called the mortgagor in consideration
of Four Thousand Dollars to me paid by Nathan P. Neakes and
Emma E. Neakes of the town county and state aforesaid, hereinafter
called the mortgagee, the receipt whereof is hereby acknowledged,
do hereby grant, bargain sell lend convey unto the said
mortgagee their heirs and assigns forever, those certain tracts
or parcels of land, situated in the town of Charlestown,
County of Washington in said State of Rhode Island being
a portion of the "Billings & Beacombe Farm" as called and
The page as recorded
