Maryland Land Records, Kent County, JS #23, pp. 116-123
Henry Cully & wife Christian to Samuel Massey: Deed dated January 20, 1740
 

October 16, 1740: Samuel Massey, hatter, buys for £480 from Henry Cully, gentleman, and wife Christian of Kent County in Maryland, a town lot in Chestertown which Simon Wilmer of Kent County sold on October 6, 1731 unto Henry Cully and wife Christian, it being part of Lott 43 and all of Lott No. 44, extending from Cross Street to Club Corner to the Free School of Kent County in Chestertown (See Liber JS No.16, Folio 148).  Acting for the Crown: Mr. Hynson, James Harris, and Justices of the Peace Jno. Robinson and Thomas Williams acting as witnesses; James Smith is Kent County clerk.

 

This indenture made the sixteenth day of October in the year of our Lord one thousand seven hundred and forty between Henry Cully of Kent County in the province of Maryland, gentleman, and Christian his wife of the one part and Samuel Massey of the county and province aforesaid, hatter, of the other part. Whereas Simon Wilmer of Kent County, gentleman, by indenture dated the sixth day of October which was of the year of our Lord one thousand seven hundred and thirty one for the consideration therein mentioned did grant and convey unto the said Henry Cully and Christian his wife all that lot or parcel of land in Chestertown in the said County of Kent known and distinguished by the plot or survey of the said town by number forty four extending from Cross Street to Club Lane together with the dwelling house and other houses thereon then built and being as also nine feet of ground part of a lot adjoining to the west side of the said lot known by number forty three extending likewise from the lane to the street aforesaid and likewise all that piece or parcel of land adjoining to the east side of the same lot number forty four extending from Cross Street to Club Lane and from the same lot mentioned lot [illegible] it reaches the [illegible] laid out and purchased for the Free School of Kent County aforesaid to hold to the said Henry Cully and Christian his wife and their heirs and to the [illegible] of the survivors of them and to the proper use of the same Henry Cully and Christian and their heirs forever as in and by the said [illegible] indenture recorded in Kent County aforesaid in Liber JS Number 16 Folio 148 [illegible] being thereunto had made appear now this indenture. Witnesseth that the said Henry Cully and Christian his wife for and in consideration of the sum of 480 pounds current money of the said province to him in hand paid by the said Samuel Massey at the sealing and delivery of these presents the receipt whereof is hereby acknowledged have granted released and confirmed and by these presents do grant bargain sell alien release & confirm onto the same Samuel Massey all that piece or parcel of land last above mentioned being that part of the above described land which bounds on [illegible] to the March aforesaid and is now bounded as follows to say beginning at the post being the division of the garden and or the polls [illegible] northerly as far as the extent of the said Henry Cully's above-described bounds onto the March aforesaid which divides the said hereby granted land from the Free School aforesaid and in and with the said March to Cross Street of and with Cross Street as it runs easterly to the aforesaid dividing line of said Henry Cully's garden and Capt. Wilmer's line all which said hereby bargained premises [illegible] in the tenor or occupation of the said Wilmer [illegible] by virtue of of the above from the said Henry Cully which determines on the thirty first day of December next ensuing the date hereof together also with all and singular the houses and buildings lately erected and built by the said Henry Cully on the said hereby bargained piece or parcel of land and all ways alleys passages waters watercourses easements right liberties privileges improvements hereditaments and appurtenances hereunto belonging or in any wise appertaining and all the estate right title interest [illegible] trust possession property claim and demand whatsoever of them this said Henry Cully and Christian his wife or either of them of into or out of this said hereby bargained or any part hereof and the reversions and remainders [illegible] and [illegible] and profits thereof to have and to hold the said [illegible] described piece or parcel of land hereditaments and from issues hereby granted or mentioned so to be with the appurtenances unto the said Samuel Massey his heirs and assigns to the only proper use and behoof of the said Samuel Massey his heirs and assigns forever and the said Henry Cully for themselves and for the same Christian his wife and for their other heirs respectively does hereby covenant grant and agree to and with the same Samuel Massey his heirs and assigns the aforesaid hereby bargained piece or parcel of land hereditaments and premises with the appurtenances unto the said Samuel Massey his heirs and assigns against him the said Henry Cully and the said Christian his wife and his and her heirs respectively and against all and every other person persons whatsoever lawfully claiming or to claim by from or under them or other of them shall and will warrant and forever defend by these presents and also the said Henry Cully for himself and for the said Christian his wife and for his heirs etc. and administrators does hereby covenant promise and grant to and with the said Samuel Massey his heirs and assigns in manner following that is to say that they the said Henry Cully and Christian his wife or one of them at the time of the sealing and delivery of these presents is or are the true and lawful owner and proprietor owners are proprietors of the hereby bargained piece or parcel of land hereditaments and premises here or before mentioned or intended to be hereby bargained and released and every part and parcel thereof with the appurtenances and is or are lawfully seized thereof and of every part thereof of and indeed [illegible] estate of indenture in fee simple without any matter of condition imitation of use or uses matter or thing whatsoever to determine charge or defeat the same and shall continue so seized thereof and at every part thereof onto a good and absolute estate in fee simple shall be thereof [illegible] in the [illegible] Samuel Massey and his heirs according to the true intent and meaning of these presents and that free and clear and freely and clearly acquitted exonerating and discharged of and from all and all manner of former and other bargain sales gifts uses joiners dowers [illegible] [illegible] arrearages of [illegible] debt judgments recognizance and all other estates charges and encumbrances whatsoever by them the said Henry Cully and Christian his wife or either of them had made committed done or will willingly or willingly suffered in any wise however howsoever quit rent due to the chief Lord of this fee thereof only accepted and [illegible] and further that they the said Henry Cully and Christian his wife and his and her heirs respectively and all and every other person persons lawfully claiming or to claim any estate right title or interest of into or out of the said hereby bargained premises or any part thereof by from under or in trust for them or either of them respectively state and will from time to time and at all times hereafter upon the reasonably request and at the [illegible] and charges of the said Samuel Massey his heirs or assigns make to acknowledge execute or cause to be all and every such further other reasonable act deed or devices in law whatsoever for the further and better assuring conveying and confirming of the said hereby bargained [illegible] with the appurtenances unto the said Samuel Massey his heirs and assigns forever according to the true intent and meaning of these presents or by him the said Samuel Massey his heirs or assigns or his or their counsel learned in the law shall be lawfully devised advised required or required in witness whereof they the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written.                                                                                                                                              Henry Cully                                                                                                                                              Christian R. Cully [her mark] Sealed and delivered in the presence of: Hynson Thomas Williams John Robinson Received the day and year within written of the within named Samuel Massey 480 pounds being in full for the consideration money within mentioned.                                                                                                                                              Henry Cully                                                                                                                                              Christian R. Cully [her mark] Witnesses present at signing: Hynson Thomas Williams John Robinson Kent County [illegible] memorandum: the sixth day of January in the year of our Lord 1740 came before us two of his Lordship's justices of the peace for Kent County aforesaid the within named Henry Cully and did it knowledge the within deed to be his act and deed and also came the within named Christian Cully the wife of the said Henry Cully and being privately examined out of the hearing of her said husband did acknowledge the same to be her act and deed willingly and fully and without being induced thereunto by fear or threats of or for [illegible] ill usage by her husband or fear of his displeasure. As witness our hands the day and year first above written.                                                                                                                                               Hynson                                                                                                                                               Thomas Williams. Kent County January 7, 1740: Received of Mr. Samuel Massey the sum of one penny sterling being for the alienation fine for the within mentioned parcel of land received for the use of the Lord proprietary by James Harris. Memorandum: The within deed received to be recorded in the records of Kent County according to act of assembly in such case lately made and provided as witness my hand this seventh day of January 1740.                                                                                                                                               James Smith clerk Recorded this 16th day of January 1740.                                                                                                                                               James Smith clerk