Maryland Land Records, Kent County, JS #24, pp. 86-94
Samuel Massey & wife Sarah to Henry Cully & wife Christian: Mortgage Deed dated December 17, 1742
 

December 17, 1742: After a court battle over payments adding up to £1,160 and 1,000 pounds of tobacco, and for additional payments, Samuel Massey and Sarah his wife finally execute an indenture mortgaging the town lot in Chestertown, it being part of Lott 43 and all of Lott No. 44, extending from Cross Street to Club Lane to the Free School of Kent County, to Henry Cully and wife Christian of Queen Anne's County. Samuel Massey and his wife Sarah can freely occupy the premises so long as their indebtedness is discharged in a timely fashion. Acting for the Crown: James Harris and witnesses, Justices of the Peace Ebenezer Blackiston and Bedingfield Hands; James Smith is Kent County clerk.

 

This indenture made this 18th day of September in the year of our Lord seventeen hundred and forty two between Samuel Massey of Kent County in the province of Maryland, inholder, and Sarah his wife of the one part and Henry Cully of Queen Anne's County and province as aforesaid, gentleman, of the other part. Whereas the said Samuel Massey in and by four overall obligations under his hand and seal duly executed dated the eighteenth day of September Anno Domini seventeen hundred and forty two stands bound unto the said Henry Cully in all the aforesaid obligations in the sums of eleven hundred and sixty pounds current money of Maryland and one thousand pounds of tobacco for the payment of forty pounds current money aforesaid and all his said Henry's costs expended in an action [illegible] said Henry then depending in the Provincial Court of Maryland against the said Samuel has the same should be [illegible] by the clerk of the said court has on or before the fourth day of December next [illegible] the dates of the same obligations and for the payment of two hundred pounds like money on or before the first day of October next ensuing the dates of the same obligations and for the payment of two hundred pounds like money on or before the fourth day of October which should be in the year of our Lord seventeen hundred and forty three and for the payment of one hundred and forty pounds like money on or before the fourth day of October which should be in the year of our Lord seventeen hundred and forty four at Kent County aforesaid in full discharge and satisfaction of all the said four obligations but if default be made in payment of the said several sums then the said Samuel thereby empowers any attorney in any court of record in his Majesty's dominions to confess judgment on the said several obligations severally as by the same obligations may more fully appear and wherever the said Henry and Christian his wife by indenture dated the third day of January in the year of our Lord seventeen hundred and forty four the consideration therein mentioned did grant and convey unto the said Samuel in fee all that lot or parcel of land in Chestertown in Kent County aforesaid known and distinguished by number forty four extending from Cross Street to Club Lane and also nine feet of ground of part of a lot adjoining to the west side of the said lot known by number forty three extending from the lane to the street aforesaid with their appurtenances as by the same recited indenture may more fully appear. Now this indenture witnesseth that the same Samuel and Sarah for and in consideration of the afford some of forty pounds current money aforesaid and the costs aforesaid of the same Henry and of the aforesaid to sums of two hundred pounds like money and of the aforesaid sum of one hundred and forty pounds like money in the obligations aforesaid mentioned and for the better [illegible] the payment thereof unto the said Henry his executors administrators or signs according to the conditions of the aforesaid recited obligations and also for and in consideration of the further sum of five shillings current money aforesaid to the Samuel aforesaid and Sarah in hand paid at the ceiling and delivery of these presents the receipt whereof is hereby acknowledged have granted bargained sold aliened enfeoffed released and confirmed and by these presents do grant bargain sell enfeoff release and confirm unto the said Henry all the above described lots or parcels of land known and distinguished by number forty four and also the above distinguished described nine feet of ground with the appurtenances in all the estate right title and interest claim property and demand whatsoever of them this said Samuel and Sarah or either of them of in and to the aforesaid hereby granted premises or any part thereof and the reversion and reversions, the remainder and remainders, rents, issues, and profits thereof to have and to hold the aforesaid lot distinguished by number forty four as aforesaid and nine feet of ground aforesaid with the appurtenances unto the same Henry and his heirs to the only proper use and behoof of the same Henry his heirs and assigns forever provided always that if the said Samuel his heirs executors administrators or assigns shall well and firmly pay or cause to be paid into the said Henry his executors administrators or assigns the aforesaid last mentioned sums of money and the costs aforesaid according to the conditions of the same obligations in full discharge of the said bonds without any default whatsoever then these presents and the obligations as aforesaid shall cease determine and become void and the said Samuel for himself his heirs executors administrators and assigns does hereby covenant and agree to and with the same Henry his heirs executors administrators and assigns that he the same Samuel his heirs executors administrators or assigns shall and will and truly pay or cause to be paid unto the said Henry his executors administrators or assigns the aforesaid principle sums of money and the costs aforesaid on the days and times herein before mentioned for payment thereof in manner and form aforesaid and that the said lots pieces or parcels of land hereby above granted in every part thereof with the appurtenances now are and at all times from and after any default that shall happen to be made of the money and costs aforesaid in manner aforesaid shall remain continue [illegible] to the said Henry his heirs and assigns free and clear freely and clearly acquitted and discharged from all former and other gifts grants bargains mortgages and other encumbrances whatsoever(the quit rent due to the chief Lord of the [illegible] only exempt) and also that he the said Samuel and his heirs and all and every other person or persons whatsoever having or claiming that shall claim any estate right title or interest of in or to the hereby granted premises or any part thereof shall and will at any time or times after any default shall happen to be made payment is aforesaid upon the reasonable request cost and charges in the law of the said Henry his heirs or assigns make execute and acknowledge or cause to be made executed and acknowledged all and every such further and other reasonable acts deeds or devises in law whatsoever for the further and better assurance and confirmation of the hereby granted premises and appurtenances and to this said Henry his heirs and assigns by him or them or by his or their counsel learned in the law shall be reasonably devised advised or required. And the said Henry does freely covenant and agree to and with the said Samuel his heirs and assigns that until default be made of the payments aforesaid he the said Henry his heirs and assigns shall and will permit and suffer the said Samuel his heirs and assigns peaceably and quietly to hold occupy possess and enjoy all and singular the hereby granted premises and appurtenances and the profits thereof to receive and take without the [illegible] hindrance or molestation of the said Henry his heirs or assigns and without any anguish to be given to him or them for the [illegible] anything therein before contained to the contrary notwithstanding. In witness whereof the parties aforesaid to the [illegible] presents have interchangeably set their hands and seals this day and year first above written.                                                                                                                                         Samuel Massey                                                                                                                                         Sarah Massey Sealed and delivered in the presence of: Ebenezer Blackiston Bedingfield Hands On the 18th day of September Anno Domini seventeen hundred and forty two Samuel Massey and Sarah his wife the grantors within named came before us, two of his Lordships justices of the peace for Kent County and acknowledged the within indenture of bargain and sale written onto two sheets of paper to be their act and deed and the same Sarah having been privately examined out of the hearing of her said husband declares that she makes the said acknowledgment voluntarily and freely and without being induced thereto by fear or threats from our ill usage from her said husband or for fear of his displeasure. As witness our hands the day and year above written.                                                                                                                                         Ebenezer Blackiston                                                                                                                                         Bedingfield Hands December 17, 1742: received of Mr. Henry Cully the sum of 1 pound sterling being for and alienation fines for the within mentioned premises.                                                                                     James Harris 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. Witness my hand this 17th day of December in the year of our Lord 1742.                                                                                                                                         James Smith clerk Recorded this 17th day of December in the year of our Lord 1742.                                                                                                                                         James Smith clerk