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THIS INDENTURE made the 20h day of December in the fifth year of the reign of our Sovereign Lord George the fourth by the grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith and in the year of Our Lord 1824 BETWEEN LEWIS ROSCORLA of the Borough of Bodmin in the County of Cornwall Roper and ELIZABETH his wife of the first part JOHN WALLIS of the said Borough Gentleman of the second part RICHARD COOM of the said Borough Gentleman a Trustee named and appointed by and on behalf of the said John Wallis for the purposes hereafter expressed of the third part WHEREAS the said Lewis Roscorla is seized in his ? as of for of and in certain hereditaments and premises firstly hereinafter described AND WHEREAS THE SAID john Wallis is seized or beneficially intitled to the fee simple of the lands and hereditaments secondly hereinafter described AND WHEREAS the said Lewis Roscorla and John Wallis have mutually agreed to exchange their said reversion and respective lands and hereditaments for the lands and hereditaments of each other NOW THEREFORE THIS INDENTURE WITNESSETH that in pursuance and part performance of the said agreement and in consideration of and in exchange for the lands and hereditaments ? hereinafter described and which by certain Indentures of Lease and Release (the Lease bearing date the day next before the day of the date of the Release and Release bearing and intended to bear even date with these presents and made between the said John Wallis of the first part John Bennett of the said Borough Gentleman of the second part the said Lewis Roscorla and Elizabeth his wife of the third part and Thomas Baron of the parish of Bodmin in the County aforesaid Gentleman a Trustee named and appointed for the said Lewis Roscorla for the purposes therein mentioned of the fourth part) are or are intended to be conveyed and assured to or to the use of the said Lewis Roscorla and his heirs by the said John Wallis and John Bennett as therein mentioned And also in consideration of the sum of £298 to the said John Wallis paid by the said Lewis Roscorla by way of and in full for Equality Exchange for or in respect of the Lands and hereditaments thereby granted and released to the said Lewis Roscorla as therein expressed THEY the said Lewis Roscorla and Elizabeth his wife HAVE and each of them HATH granted bargained sold aliened released conveyed and confirmed and by these presents DO and each of them DOTH grant and bargain sell alien release convey and confirm unto the said John Wallis and Richard Coom and their heirs ALL those several messuages or hereditaments and dwelling houses (formerly one messuage tenement or dwelling house) Orchard and Garden plot adjoining situate and lying within the town and Borough of Bodmin aforesaid commonly called or known by the name or names of the ORCHARD HOUSE or PULLIS STREET FOOT bounded on the East South and North by the Kings Highway and on the West by the lands heretofore of John Hoblyn Esquire deceased now of John Wallis and which said premises are now in the occupation of John Cook John Stephens John Jenkin and John Wills together with all manner of houses edifices buildings gardens orchards ways paths passages waters watercourses easements profits commodities hereditaments and appurtenances whatsoever to the said premises belonging or in anywise appertaining or now or at any time heretofore accepted reputed deemed taken or known as part parcel or member thereof All which said messuages hereditaments and premises are now in the actual possession of or legally vested in them the said John Wallis and Richard Coom by virtue of a bargain and sale to them thereof made by the said Lewis Roscorla and Elizabeth his wife by Indenture bearing date the day next before the day of the date of these presents in consideration of five shillings for the term and one year commencing from the day next before the date of the same Indenture and by force of the statute made for transferring uses into possession And the reversion and reversions remainder and remainders rents issues and profits of the said Messuages and Tenements and all the Estate Right Title interest property claim whatsoever both at law and in equity the said Lewis Roscorla of to and out of same Messages or Tenements and premises and every part thereof TO HAVE AND TO HOLD the said Messages Tenement and premises and all and singular other the premises hereinbefore granted and reserved or otherwise assured or mentioned or intended so to be unto the said the said John Wallis and Richard Coom and their heirs TO the use of the said John Wallis and his assigns during the term of his natural life and from and after the determination of that estate so limited in use to the said Richard Coom to the use of the said John Wallis his heirs and assigns forever AND for the more effectually conveying and assuring the said hereditaments and premises mentioned and intended to be hereby released unto the said John Wallis his heirs and assigns He the said Lewis Roscorla for himself his heirs executors and administrators and for the said Elizabeth his wife doth hereby covenant grant and agree to and with the said John Wallis his heirs and assigns that they the said Lewis Roscorla and Elizabeth his wife shall and will at the proper costs and charges of him the said Lewis Roscorla in or as of Hilary term now next ensuing or in or as of any subsequent Term when thereunto required by the said John Wallis his heirs or assigns acknowledge and levy cause to be acknowledged and levied unto the said John Wallis and his heirs in due form of Law before the trustees of his majesties Court of Common Pleas at Westminster one or more fine or fines SUR CONUSANCE DE DREU COME CEO AND SO FORTH with proclamations to be thereupon made according to the form of statute in such case made and provided or such other office or offices and in such other manner and form as the circumstances of the case may require of all and singular the hereditaments and premises hereby granted and released or mentioned and intended so to be as aforesaid by such names and descriptions respectively as shall be suffered and proper effectually to compose and p[ass the same And it is hereby declared and agreed by and between the said parties hereto that the said office or offices aforesaid or in any other manner or at any time or times to be acknowledged levied suffered or executed of the said hereditaments and premises or of any part thereof and also all and every other fine or fines conveyances of them whereunto they or any or either of them are or is or have or has been or shall or may be parties or privies or party or privy shall be and ensure and shall at all times and from time to time be construed secured and taken to be and ensure as to the said hereditaments and premises by these presents granted released and confirmed or expressed or intended so to be and the course or courses in the said office or offices named or to be named and his and their heirs shall stand and be seized of the said hereditaments and premises and every part and parcel thereof to the only proper use of the said John Wallis his heirs and assigns forever and to and for no other use intent or purpose whatsoever all which said hereditaments and premises hereby released and conveyed together with the said sum of £298 so paid as aforesaid by the said Lewis Roscorla to the said John Wallis are in lie3u of the exchange for ALL those fields and closes of land with (piece missing MMc) ??? with their and every of their appurtenances commonly called or known by the name or names of KIRLAND VEAN otherwise VEANHAM situate lying and being in the parish of Bodmin in the County aforesaid and bounded on the East with Luscott Brioge on the South by the lands formerly of Jonathan Rashleigh Esquire deceased on the West with the lands formerly of John Hoblyn Esquire deceased and on the North with the Kings Highway and which the said premises are now in the possession of William Thomas and the same as is herein before referred to as secondly hereinafter subscribed and mentioned to be or to have been conveyed and assured to the said Lewis Roscorla and his heirs by the said John Wallis in and by the said hereinbefore part recited Indenture of the Lease and Release of even sale with these presents AND the said Lewis Roscorla for himself his heirs executors and administrators and the said Elizabeth his wife and for every of them doth hereby covenant and promise and agree unto and with the said John Wallis his heirs and assigns in manner following that is to say THAT he the said John Wallis his heirs and assigns shall and may from time to time and at all times hereafter peaceably and quietly enter into have hold and enjoy all and singular the said Messuages Tenements Hereditaments and Premises with the Appurtenances and receive and take the rents issues and profits thereof and of every part thereof to his and their own use and benefit without the lawful let suit ? interruption or denial of them the said Lewis Roscorla and Elizabeth his wife or either of them their or either of their heirs or assigns or any or other person or persons lawfully claiming or to claim any Estate Right Title trust ir interest of in or to the same or any part thereof by from or under him her or them or any of them AND also that they the said Lewis Roscorla and Elizabeth his wife and their his and her heirs and all and every other person or persons lawfully claiming or who shall or may hereafter have or lawfully claim any Estate Right Title trust or interest of in to or out of the said Hereditaments and Premises mentioned to be hereby released or any part thereof by from or under him her or them shall and will from time to time and at all times hereafter upon every reasonable request and at the proper costs and charges in the law of the said John Wallis his heirs and assigns make so acknowledge levy suffer and execute or cause and promise to be made done acknowledged levied suffered and executed all and even such further and other lawful and reasonable act and acts thing and things services conveyances and assurances in the Law whatsoever for the further better more perfect and absolute conveying and assuring the Messuages Tenements Hereditaments and premises with the Appurtenances to the uses upon and for the trust and to the use uses interests or purposes hereinbefore expressed and declared of or concerning the same as by the said John Wallis his Heirs or Assigns or his or their Counsel learned in the law shall be lawfully and reasonably devised or advised and required IN WITNESS whereof the parties to these presents (being first duly stamped) have hereunto set their hands and seals the day and year first above written
(On Reverse MMc)
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |
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