Maryland Land Records, Kent County, JS #23, pp. 193-196
Samuel Massey & wife Sarah to Henry Cully & wife Christian: Mortgage Deed dated January 20, 1740
 

January 20, 1740: Samuel Massey and wife Sarah of Kent County in Maryland mortgage, with three payments of £240, each due on December 20 in the three coming years 1743 through 1745, unto Henry Cully and wife Christian, a town lot in Chestertown, 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. Samuel Massey & his wife Christian are to have full and free use of the property so long as their agreed-upon payments are made to the Cullys. Acting for the Crown: John Robinson and Justices of the Peace John Brown and Thomas Williams acting as witnesses; James Smith is Kent County clerk.

 

This indenture made the twentieth day of January in the year of our Lord one thousand seven hundred and forty between Samuel Massey of the county of Kent in the province of Maryland, hatter, and Sarah his wife of the one part and Henry Cully of Kent County aforesaid, gentleman of the other part. Whereas the said Samuel Massey in and by [illegible] several obligations under his hand and seal duly executed dated the third day of this [illegible] January [illegible] [illegible] unto the said Henry Cully in each of his obligations aforesaid in his [illegible] of 480 pounds current money of the aforesaid province with conditions thereunder written for [illegible] [illegible] of 240 pounds like money on the 20th day of December which will be in the year of our Lord 1743 another 240 pounds of like money in the 20th day of December which will be in the year of our Lord 1744 and another 240 pounds of like money in the 20th day of December which will be in the year of our Lord 1745 in full discharge in satisfaction of all this said these several obligations but if default be [illegible] in payment of the said several such [illegible] the said James Massey Samuel Massey hereby empowers any attorney in any court of record in his Majesty's dominions to confess pass judgment on this said several obligations severally in end by the [illegible] recited obligations and conditions relations being thereunto had appears. And whereas the said Henry Cully and Christian his wife by indenture [illegible] this third day of the instant January reciting or are there in [illegible] for the consideration there and then mentioned did grant & convey unto the said Samuel Massey in fee all that lot [illegible] of land in Chestertown in Kent County aforesaid known and distinguished by the platt or survey of the said town by [illegible] Lott 44 accepting extending from Cross Street to Club Lane are also [illegible] of ground part of the lot adjoining to the west side of the said lot known by number 43 extending from the lake to the [illegible]]aforesaid with their [illegible] each and every of their rights members and appurtenances as in and by the said recited indenture intended to be recorded in Kent County aforesaid relation being thereunto also had appears. Now this indenture: Witnesseth that the said Samuel Massey and Sarah his wife in consideration of the aforesaid [illegible] several sums of 240 pounds and for better [illegible] his payment thereof with the said Henry Cully his executors administrators or assigns according to the conditions of the said several recited obligations and also for and in consideration of the further sum of five shillings current money aforesaid unto the said Samuel Massey and Sarah his wife in hand paid by the said Henry Cully at the sealing and delivery hereof his receipt whereof it is hereby acknowledged have granted bargained sold aliened released and confirmed and by these presents to grant bargain sell alien release and confirm unto the said Henry Cully all that the above described lot or parcel of land known and distinguished in the platt or survey above mentioned by number 44 and also his [illegible] described 9 feet of ground together with also with all and singular the houses and buildings gardens ways alleys [illegible] waters watercourses rights and easements [illegible] privileges liberties improvements hereditaments appurtenances whatsoever unto the said lot of land number 44 and 9 feet of ground on or either of them belonging or in any wise appertaining and all the estate right title interest in [illegible] possessions property claim or demand whatsoever of them said Samuel Massey and Sarah his wife or either of them of into or out of the hereby granted premises or any part thereof and the reservation and reservations rents [illegible] and profits thereof to have and to hold the aforesaid [illegible] above-described lot said land distinguished by number 44 is aforesaid and 9 feet of ground aforesaid hereditaments and premises hereby granted or mentioned so to be with the apartment us was unto the said Henry Cully and his heirs to the only use and behoof of the said Henry Cully his heirs or assigns forever provided always that if the said Samuel Massey his heirs executors administrators or assigns shall well and truly pay or cause to be paid unto the said Henry Coley his executors [illegible] or signs the above mentioned [illegible] several sums of 240 pounds [illegible] [illegible] according to the conditions of the recited obligations in full discharge of the several recited obligations without any developed nation or abatements whatsoever to be [illegible] for or in respect of any taxes charges or assessments or other [illegible] whatsoever [illegible] prevent [illegible] and the estate hereby [illegible] the said several recited obligations shall leave determine and [illegible] and the said Samuel Massey for himself his heirs executors [illegible] assigns in any of them doth covenant promise and grant to and with the said Henry Cully is heirs executors administrators and assigns in every of the [illegible] to have [illegible] following that is to say that the said Samuel Massey's heirs executors administrators or signs shall and will well and truly pay or cause to be paid unto the said Henry Cully his executors administrators signs the aforesaid there on several principal sums of 240 pounds on the days and times herein before mentioned for payment and form aforesaid and that this said lot parcel [illegible] use and read it commence and premises hereby bargained or mentioned or to be in every part thereof with the appurtenances [illegible] [illegible] for and after any [illegible] shall happen to be [illegible] for in payment of the [illegible] here and before mentioned in manner aforesaid shall remain continue and be to this said Henry Cully his heirs and assigns [illegible] and free and clear and freely and clearly acquitted and elected discharge of any [illegible] all forever [illegible] gifts grant bargain sale mortgage [illegible] rents judgments ties charges [illegible] whatsoever his [illegible] rent due to the [illegible] of the fee thereof only excepted and forgive and also that the aforesaid Samuel Massey and his heirs and all and every of [illegible] forever and [illegible] whatsoever having lawfully [illegible] or to claims any estate title or interest of into the hereby granted premises or any part thereof [illegible] and [illegible] at any time or times after any default shall happen to be made in payment on the aforesaid upon the reasonable request cost and charge in law of the said Henry Cully his heirs or assigns make execute and acknowledge her cause to be [illegible] such further and other reasonable acts deeds [illegible] in law whatsoever for this further and better assurance and confirmation of the hereby granted premises with the appurtenances unto the said Henry Cully his heirs and assigns or by him or them or by his [illegible] heirs counsel [illegible] learned in the law shall be reasonably devised [illegible] or required and the said Henry Cully does hereby covenant promise and grant to and with this same Samuel Massey his heirs and assigns that [illegible] default shall happen to be made of the payment of the herein before mentioned in manner aforesaid he the said Henry Cully his heirs and assigns shall and will permit and suffer the said Samuel Massey his heirs and assigns personally and quietly to hold occupy [illegible] and enjoy all and singular is hereby granted premises and put the profits thereof to [illegible] and take without the [illegible] [illegible] and molestation of him the said Henry Cully his heirs or assigns and without any [illegible] to be given to him [illegible] for the same anything herein before contained to the contrary notwithstanding. In witness whereof they the parties to the these presents have hereunto interchangeably set their hands and seals the day and year first above written.                                                                                                                                         Samuel Massey                                                                                                                                         Sarah Massey Sealed and dated in the presence of Thomas Williams John Brown John Robinson 1740 Memorandum: 16 June in the year of our Lord 1741 came through for us to of his Lordship's justices of the peace for Kent County of the within named Samuel Massey and acknowledged the within deed to be his act and deed and also came the within named Sarah the wife of the said Samuel Massey and being privately examined out of the hearing of her said husband did acknowledge the same to be her act and deed and without being induced thereunto by fear or threats of ill usage by her size and or fear of his displeasure as witness our hands the day and year first above written.                                                                                                        John Brown                                                                                                        Thomas Williams Memorandum: received the within deed to be recorded in the records of Kent County according to act of assembly in such cases lately made and provided as witness my hand this 25th day of June in the year of our Lord 1741.                                                                                                        James Smith clerk Recorded this 25th day of June Anno Domini 1741 by                                                                                                        James Smith clerk