6/27/1928 · DEED · book 23 page 226 doc 8383

226 To All People to whom these presents shall come, Whereas Thomas W. Barber of Richmond, Washington County, Rhode Island and George P. Reynolds, of Exeter, Washington County, Rhode Island, individually and as jointure long brothers as Barber & Reynolds Generalists, called the mortgagors did on the 4th day of September, A.D. 1818 make and execute a deed of mortgage of real estate situated in the Town of Charlestown, Exeter, Washington of Richmond in the aforesaid County and State to John M. Barber of Hopkinton, Washington County, Rhode Island (hereinafter called the mortgagee) to secure the payment of their certain promissory note as will more fully appear by reference to their said deed which is recorded in the land records of Exeter for recording mortgages of real estate in book number 19 at page 118, with the land recorded in Exeter in book number 23 at page 429, and on the land records of Richmond in book number 18 at page 99, and whereas said mortgages by said deed of mortgage are fully authorized and empowered the said mortgagee, his executors, administrators and assigns to sell and convey the property described in and conveyed by said deed of mortgage, under the conditions and in the manner specified in the same, And whereas in said deed of mortgage was a Codicil wrote of Thomas W. H. Barber and George P. Reynolds note of mortgage of G. P. Reynolds did release their respective rights of title and prize in the power of said aforesaid And whereas the said mortgagee deceased leaving a vast will and testament wherein Walter Barber, of Hopkinton aforesaid was named as executor and thereby legally designated and devisee and whereas said Walter Barber duly qualified as executor of the will of said John M. Barber and thereafter closed for account as such and was fully discharged and whereas the aforesaid mortgage was not claimed to the payment of debts of the estate of said John M. Barber or his legacies or devisees other than mortgage and whereas said Walter Barber in his capacity as executor aforesaid did regularly assign the aforesaid mortgage to said Walter J. Barber individually and in his own and right, which assignment was duly received, And whereas the aforesaid deed of mortgage was made and given on the condition that if the promissory note mentioned and described therein, and the interest thereon, and the debt and claims thereby shown should be paid according to the tenor thereof, then said deed is to be void therefore to remain in full force and effect And whereas default was made in the condition of said deed in this: The interest on said promissory note and the said promissory note became due and payable and remained unpaid for more than one year from the maturity thereof and before the giving of the notice of sale of advertisement whereas unnoticed, And that since the said mortgage end, after the said default had continued more than one yr

227 advertised the premises described in said deed, for sale at public auction in the Hope Valley advertisers, one of the public meeting houses located in the county of Washington aforesaid for three successive weeks before the day of sale named therein on set forth by the advertise and notice of sale thereto attached and made a part hereof and whereas said sale which was originally advertised to take place on the 10th day of March A.D. 1928 has regularly adjourned in accordance with the provisions of the deed of mortgage and the statutes of Rhode Island relating thereto to be held on the 8th day of April A.D. 1928 and whereas at a public auction held upon the steps at the front entrance of the Washington County Court House at Kingstown Washington County Rhode Island on said 8th day of April 1928 at 10 o'clock clock after no persons came and in accordance with raid advertisement and notice of sale said default still continuing, the premises were purchased by Walter L Barber aforesaid being the highest bidder therefor for the sum of seven thousand two hundred twenty nine $7,229 dollars. Now therefore know all men by these presents, That I, the said Walter L Barber mortgage as aforesaid, in the premises of the mower mentioned in said deed of mortgage and for and in consideration of the sum of $7,229 to me paid by the said Walter L Barber individually, the receipt of which is hereby acknowledged, have given granted bargained sold and conveyed and do hereby absolutely do grant bargain convey all convey and confirm unto the said Walter L Barber their his heirs and assigns forever. A. Two certain parcels of land with the buildings and improvements thereon situated in the town of Charlestown, county of Washington and state of Rhode Island more particularly described as follows: 1. That certain tract or parcel of land containing by estimation ten acres, formerly of William H. Hayward, and described in a deed from William H. Hayward Collector of Taxes of said Charlestown to said mortgagor bearing date of April 25, 1902 1907, and on record in the Town Clerks office in said Charlestown in Book of Land Evidence No. 16 page 17. 2. That certain tractor or parcel of land, being a cedar swamp containing by estimation twenty acres, more or less, described in a deed from Jennie Emma to said mortgagor, bearing date of May 19, 1811, 1841, and on record in said Town Clerks office in said Charlestown in Book of Land Evidence No. 17 page 184. 3. a certain tract or parcel of swamp land, containing by estimation eight acres, more or less, described in a deed from Albert M. lead to said mortgagor, bearing date of July 31, A.D. 1915, and on record in said Town Clerks office in said Charlestown in Book of Land Evidence No. 18 page 275. B. Twelve certain parcels of land with the buildings and improvements thereon situated in the town of Exeter county of Washington and state of Rhode Island, more particularly described as follows: 1. That certain tract or parcel of land containing

228 by estimation one hundred and thirty four acres, more or less described in a deed from Edward A Browning estate to said Thomas H Barker bearing date of March 6th A.D. 1886 and on record in the Town Clerks office in said Foster in Book of Land Evidence No 18 page 158. "2. That certain tract or parcel of land, containing by estimation one hundred acres, more or less, described in a deed from John H Jones to said mortgagors, bearing date of May 1 AD 1906 land on record in the Town Clerks office in said Foster in Book of Land Evidence No 21 page 160. "3. That certain tract or parcel of land, containing by estimation thirty three acres more or less, described in a deed from Hanford S Barker to said mortgagors, bearing date of September 4 AD 1907 and on record in the Town clerks office in said Foster in Book of Land Evidence No 21 page 317. "4. That certain tract or parcel of land, containing by estimation fifty acres, more or less, described in a deed from Benjamin Kenyon to said mortgagors, bearing date of November 14 AD 1906, and on record in the Town Clerks office in said Foster in Book of Land Evidence No 21 page 210. "5. That certain land or parcel of land, containing by estimation one hundred and ten acres, more or less, described in a deed from Lydia H Putnam et al to said mortgagors, bearing date of July 8 AD 1907, and on record in the Town Clerks office in said Foster in Book of Land Evidence No 21 page 241. "6. That certain tract or parcel of land, containing by estimation forty acres, more or less, known as "snuffle hollow", described in a deed from Heber D Pelton to said mortgagors, bearing date of December 16 AD 1903, and on record in the Town Clerks office in said Foster in Book of Land Evidence No 21 page 210. "7. That certain tract or parcel of land, containing by estimation one hundred acres, more or less and described in a deed from Henry Baker to said mortgagors bearing date of October 26 AD 1907 and on record in the Town Clerks office in said Foster in Book of Land Evidence No 21 page 259. "8. That certain tract or parcel of land, containing by estimation fifteen acres, more or less land, described in a deed from Lydia Barker, administering to said mortgagors, bearing date of April 21 AD 1913 and recorded in the Town Clerks office in said Foster in Book of Land Evidence No 21 page 258. "9. That certain tract or parcel of land, containing by estimation ten acres, more or less, described in a deed from Philip H Whitney to said mortgagors, bearing date of January 19 AD 1799 and on record in the Town clerks office in said Foster in Book of Land Evidence No 21 page 5. "10. Two certain tracts a parcels of land, the first containing fifteen acres, more or less, and the second containing repetition acres

229 one other, both described in one certain deed from William H. Barber to said mortgagors dating June 25 AD 1911 and on record in the Town books office in said Oyster in book of land Evidences No. 21, page 448. That certain tract or parcel of land, known as the "Sunderland Place" containing by estimation forty acres, more or less, described in a deed from Anna Belle Sunderland to said mortgagors, bearing date of December 12 AD 1913, being the same tract of land described in a deed from Nathan & Lowry, administrator, to Swami Sunderland, bearing date of December 13 AD 1849, and on second in the Town books office in said Oyster in book of land Evidences No. 19, page 153. A certain piece of land with the buildings and improvements thereon situated in the Town of Richmond, County of Washington and State of Rhode Island, more fully described as follows, A certain tract or parcel of land, containing by estimation seventy acres, more or less, described in a deed from Ally A. Harris to said mortgagors bearing date of October 19 AD 1914, and on record in the Town books office in said Richmond in book of land Evidences No. 13, pages 837 and 838. To have and to hold the same, with all the rights, privileges and appurtenances thereunto belonging unto him, to his heirs Walter G. Barber and his heirs and assigns, to his heirs and heirs beneath and forever. In witness whereof, I have hereunto set my hand and seal this 21 day of April AD 1928 Signed and delivered in presence of Ed Butler Moulton Walter G. Barber LS, State of Rhode Island Providence Sc In the city of Providence in said county this 21 day of April AD 1928 personally appeared before me the above named Walter G. Barber, mortgagor and attorney for Thomas H. Barber, and George B. Barber, mortgagors, to me personally known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them signed to be their free act and deed and the free act and deed of said mortgagors, E. Butler Moulton Notary Public. Affidavit I Walter G. Barber, on oath depose and say that I am the person who caused the sale mentioned in the preceding

230 deed to 32 woods, attached hereto and made a part hereof are copies of the original notice of sale and the two notices of adjournment thereof in pursuance of which said sale was made, said notices were published in the Hope Valley Gazette, Collesteries, a humble newspaper published in the County of Washington and State of Rhode Island on the following dates: Original notice of sale, Thursday February 16, 23, March 1, 8, 1928. Notice of 1st adjournment Thursday March 15-22, 1928. Notice of 2nd and last postponement Thursday, March 29, April 5, 1928. Also that the sale was made at public auction at the time and place designated in said notices and the premises were bid in by owner James R. Tolman, a duly qualified auctioneer. State of Rhode Island Providence ss [Signed] Walter D. Barton. In Providence in said County and State this 21st day of April, 1928 personally appeared before me the above named Walter D. Barton and made oath that the above statement by him subscribed is true. [Signed] E. Butler Aguillon [Signed] J. Henry Deboe Received for record June 27, 1928 at 9 15 o'clock AM and recorded by George G. Coone Town Clerk KNOW ALL MEN by these presents: That we James B. Butterfield and wife Maybelle K. Butterfield, of the City of Providence and State of Rhode Island for and in consideration of the sum of one thousand (1,000) dollars well and truly paid by the Washington Trust Company of the town of Westerly, County of Washington and State of Rhode Island, the receipt whereof is hereby acknowledged by these presents do give grant bargain sell convey and confirm unto the said Washington Trust Company its successors business assigns forever, That tract of land with all buildings and improvements thereon, trees, privileges at large known in the town of Charlestown, State of Rhode Island, containing one and eight tenths (1.8) acres and known as the "Mill Place" or the "Mill Ly Place" and bounded and described as follows, Commencing at the northeasterly corner of said tract at a stone bound in the southeasterly side of the old Post Road at a point one hundred fifty eight and 75/100 (58.75) feet southeast in a southeasterly direction from the easterly corner of a stone post at the easterly corner of land of a formerly of Edward December Thence southeasterly ninety bird and 75/100 (93.75) feet to a stone bound Thence