Maryland Land Records, Kent County, JS #23, pp. 124-130
Henry Cully & wife Christian to Samuel Massey: Deed dated January 3, 1740
 

January 3, 1740: Samuel Massey buys for £720 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: Charles Hynson, James Harris, and Justices of the Peace John Robinson and Thomas Williams acting as witnesses; James Smith is Kent County clerk.

 

This indenture made the third day of January in the year of our Lord one thousand seven hundred and forty between  of Kent County in the province of Maryland Henry Cully, 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 aforesaid, gentleman, by indenture dated the sixth day of October which was in the year of our Lord one thousand seven hundred and thirty one for the consideration therein mentioned did grant unto the said Henry Cully and Christian his wife all that lot or parcel of land in Charlestown and King County aforesaid known and distinguished by the platt or survey of the said town by No. 44 extending from Cross Street to Club Lane together with the dwelling house and other houses thereon then built and being or also 9 feet of ground part of a lot adjoining to the west side of the said lot known by No.43 extending from the land the line to the street aforesaid and likewise all that piece or parcel of land adjoining to the East side of same Lot No. 44 extended from Cross Street to Club Lane and from the same lot mentioned extended to the land laid out and purchased for the Free School of Kent County aforesaid to hold to the said Henry Cully and Christian his wife their heirs and to the heirs of the survivor of them and to the proper use of the said Henry Cully and Christian and their heirs forever or in and by the said [illegible] indenture recorded in Kent County by aforesaid in Liber JS#16 Folio 148 [illegible] being thereunto had may appear. And whereas the said Henry Cully and Christian his wife by indenture dated the 16th day of October last for his consideration therein mentioned did grant and convey unto the said Samuel Massey party to these presents into all that the last above-mentioned piece or parcel of ground described and lying on the East side of the Lot No. 44 is aforesaid or in and by the said last [illegible] indenture to be in it [illegible] in Kent County aforesaid [illegible] being thereunto also had may appear. Now this indenture: Witnesseth that the said Henry Cully and Christian his wife for and in consideration of the sum of seven hundred and twenty pounds current money the aforesaid province of Maryland to them in hand paid by the said Samuel Massey at the sealing and delivery of these presents the receipt whereof is hereby acknowledged have granted bargained sold alienated [illegible] and confirmed and by these presents do grant bargain sell alien illegible and confirm unto the same Samuel Massey all that first above-described lot or parcel of land known and distinguished in the platt or survey above-mentioned by No. 44 and also the above-mentioned nine feet of ground as above also described. The said Lot No. 44 and 9 feet of ground being all the residue and remainder of the said several parcels of land purchased by the said Henry Cully and Christian his wife of the said Simon Wilmer and is [illegible] of and [illegible] by the said Henry Cully and Christian his wife while the grant thereof hereby made. Together also with all and singular the illegible buildings gardens ways alleys passages waters watercourses [illegible] easement [illegible] liberties privileges or improvements hereditaments and appurtenances whatsoever unto the said lot of ground No. 44 and 9 feet of ground on or either of them belonging or in any wise pertaining and all the estate right title interest use [illegible] possession properly claim and demand whatsoever of them this said Henry Cully and Christian his wife for either them both into or out of that hereby bargain premises or any part thereof and the remainder rents issues and profits thereof. To have and to hold the aforesaid first above described lot or parcel of land distinguished by No.v44 as aforesaid and 9 feet of ground aforesaid hereditaments and [illegible] hereby bargained or mentioned so to be with their and each and every of their right [illegible] and appurtenances unto the said Samuel Massey his heirs assigns to the only proper use and behoof of the same Samuel Massey his heirs and assigns forever and the said Henry Cully for themselves and for the said Christian his wife and for her and her heirs respectively that hereby covenant promise and grant to and with the said Samuel Massey his heirs and assigns the aforesaid hereby bargained premises with the appurtenances and the said Samuel Massey and the said Henry Cully and Christian his wife and his and her heirs respectively and against all and every other person and persons whatsoever lawfully claiming or to claim by from or under them or either of them shall and will warrant forever defend by these presents and also the said Henry Cully for himself and for the said Christian his wife and four her heirs executors 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 this said Henry Cully and Christian his wife are one of them at the time of the ceiling and delivery of these presents [illegible] are the true and lawful owner and proprietor's owners or proprietors of the hereby bargained parcel or parcels of land [illegible] additional line added by clerk in every part and parcel thereof with the appurtenances and [illegible] are lawfully [illegible] thereof and of every part thereof in [illegible] estate or inheritance in fee simple without any manner of [illegible] words of use or uses matter or thing whatsoever to determine change or defeat the same and shall continue so sees thereof and of every part thereof until a good and absolute estate in fee simple shall be thereof [illegible] in the said Samuel Massey and his heirs according to the true intent and meaning of these presents and that free and clearly acquitted in discharge of and from all and all manner of former and other bargain sales gifts uses [illegible] dollars [illegible] [illegible] of rents [illegible] debts judgments [illegible] and all and other [illegible] charges and encumbrances whatsoever by them this said Henry Cully and Christian his wife or either of them had made committed done or willingly suffered in any wise however howsoever the quit rent due to the Chiefs Lord of the fee there of only accepted and [illegible] and further that they this said Henry Cully and Christian his wife and his and her heirs respectively and all and every other person and persons lawfully claiming or to claim any estate right title or interest in to or out of the said hereby bargained premises or any part thereof by from under or in trust for them or other of them [illegible] shall and will from time to time and at all times hereafter upon the reasonable request and at the cost and charges of the said Samuel Massey his heirs or assigns make do acknowledge and execute or cause so to be all and every such further reasonable act deed or devices in law whatsoever for the further and better assuring conveying and confirming that the said hereby bargained premises and every part and parcel thereof 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 for him or their counsel learned in the law shall be lawfully devised advised and required. In witness whereof they this said parties to these presents have here unto interchangeably set their hands and seals the day and year first above written.                                                                                                      Henry Cully                                                                                                      Christian Cully [her mark] Sealed and delivered in the presence of: Hynson Thomas Williams John Robinson Received the day and year within rid of the within named Samuel Massey seven hundred and twenty pounds being in full for the consideration money herein mentioned.                                                                                Henry Culley                                                                                Christian 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, to of his Lordship's justices of the peace for Kent County aforesaid the within named Henry Coley and did acknowledge the within deed to be his act and deed also came the within named Christian wife of the said Henry Cully and being privately examined out of the hearing of your said husband didn't balance the same to be her act and deed willingly and freely and without being induced thereunto by fear or threats of or ill usage by your said husband or fear of his displeasure. Witness our hands the day and year first above written.                                                                                Hynson                                                                                Thomas Williams Kent County January 7, 1740 received of the same Samuel Massey the sum of 100 penny sterling being for and alienation fine for the within mentioned land received for the use of the said Lord proprietary.                                                                                James Harris Memorandum: received within deed to be recorded in the records of King County according to act of assembly in such case lately made and provided. As witness my hand this seventh day of January in the year of our our Lord 1740.                                                                                 James Smith, clerk