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(This document is in terrible
state and only parts are legible, missing bits will be
shown as follows (?) MMc)
THIS INDENTURE OF THREE PARTS made the 12th day of
October in the fiftieth year of the Reign of our
Sovereign lord George the third by the Grace of God of
the Kingdom of Great Britain and Ireland King defender
of the faith and in the year of our Lord 1810 BETWEEN
CHARLES RASHLEIGH of Duporth in the County of Cornwall
Esquire of the first part SARAH HAMLEY of the Borough of
Bodmin in the said County widow and Relict of William
Hamley late of the same Borough Surgeon deceased of the
second part and JOHN POMEROY of the Borough of Bodmin
aforesaid Clerk of the third part WHEREAS by Indenture
of Lease and Release bearing date respectively the 30th
and 21st days of May in the year 1803 the Release being
of 8 parts and made between Elizabeth Cory widow of the
first part John Kempe Clerk and Frances his wife John
Trefuses Clerk and Elizabeth his wife Bridget Cory and
Catherine Cory Spinsters of the 2nd part Raleigh Gilbert
Esquire and Mary his wife of the 3rd part and the said
John Pomeroy of the 4th part Hoblyn Peter Esquire and
Elizabeth his wife of the 5th part William Hamley
Surgeon and Sarah his wife of the 6th part John
Molesworth Clerk of the 7th part and the said Charles
Rashleigh of the 8th part after several recitals in the
said Indenture of Release contained the hereditaments
and premises hereinafter mentioned and described
intended to be hereby released and conveyed were with
other hereditaments and premises herein described
conveyed and assured unto the said Charles Rashleigh his
heirs and assigns by way of mortgage for securing £865
10/ rent and payment to the said William Hamley (????????????)
sum of £865 10/- and the interest thereof he the said
Charles Rashleigh his heirs and assigns should stand
secured and be possessed of the (???) premises IN
TRUST to the use of such person or persons for such
estate and estates and to and for such ends intents and
purposes and charged and chargeable in such manner as
William Hamley and (???) should at any time or
times by any deed or deeds instrument or instruments in
writing to be sealed and delivered by them in the
presence of and attested by 2 or more credible witnesses
direct limit or appoint and in receipt of and until such
direction limitation or appointment or in the case any
such should be made then subject thereto and when as the
estate or estates interest or interests thereby directed
(????) should respectively end and determine and
in the mean time subject thereto and as to each part or
parts of the said premises and all such ? and
interest therein of which no such direction limitation
appointment should be made TO the use and behoof of the
said William Hamley and Sarah his wife their heirs and
assigns for ever AND WHEREAS the said William Hamley (??)
without having made any disposition of the said
hereditaments and premises and without paying off or
discharging the said in such recited mortgage leaving
the said Sarah Hamley (???) surviving who by
virtue of the said proviso is become intitled to the
said hereditaments and premises AND WHEREAS the said
Sarah Hamley hath covenanted and agreed with the said
John Pomeroy for the absolute sale to him of the said
hereditaments and premises at or for the price or sum of
£650 and with requested the said Charles Rashleigh to (?)
the (??) Sarah Hamley in the execution of these
presents and the Conveyance intended to made hereby and
also to receive the said sum of £6650 in part exchange
of the said in part recited mortgage NOW THIS INDENTURE
WITNESSETH that for and in consideration of the sum of
£650 of lawful money of the United Kingdom of Great
Britain and (?) current in England to him the
said Charles Rashleigh in hand paid by the said John
Pomeroy at the (????)direction and appointment of
the said Sarah Hamley (??) by her being a party
to and sealing and executing these presents at or
immediately before the sealing and delivery (????)
he doth hereby acknowledge and thereof (?????)
power and consent of the same and every part and parcel
thereof doth acquit release exonerate and discharge the
said John Pomeroy in (??????) and assign and
every of them by these presents HE the (???)
Rashleigh at the request and by the direction of the
said Sarah Hamley testifies as aforesaid HATH granted
bargained sold and (???????)and by these presents
DOTH grant bargain sell and release and (?) AND
the said Sarah Hamley for the consideration aforesaid
and also for and in consideration of the further sum of
(????) money to her the said Sarah Hamley (????????????????)
before the sealing and delivery of these presents (???)
receipt hereby acknowledged SHE (????)HATH
granted bargained sold released confirmed and confirmed
and by these presents DOTH grant bargain sell alien
release convey and confirm unto the said John Pomeroy in
his actual possession by virtue of a bargain and sale to
him made (???) Charles Rashleigh and Sarah Hamley
in consideration of 5/- a privity Indenture bearing date
the day next before the day of these presents for one
whole year commencing from the day next before the day
of the date of the same Indenture of Bargain and Sale
and by and force of the Statute for transferring uses
into possession and to his heirs and assigns ALL that
messuage dwelling house and plot or close of land
thereunto adjoining situate lying and being in the said
Borough of Bodmin in a certain street called Forestreet
and formerly in the hands of Elisabeth the (???)
Think it says wife of MMc) John Pomeroy Esquire deceased
and Catherine Pomeroy Spinster AND ALSO ALL that other
messuage or dwelling house (formerly old walls) situate
lying and being in the said Borough of Bodmin in the
aforesaid Street called Forestreet held by the said John
Pomeroy released at the time of his death by virtue of
an Indenture of Lease thereof granted by George Hunt
Esquire for the lives of John Billing the Younger Samuel
Stout and Hender Mounsteven son of John Mounsteven late
of the Borough of Bodmin Surgeon deceased and for the
life of the longest liver of them which said two
messuages or dwelling houses are adjoining and
continuous to each other and are occupied as one house
and were formerly in the possession and occupation of
the said John Pomeroy deceased afterwards of George John
Brewer Esquire since of the said William Hamley deceased
and now of the said Sarah Hamley together with all
houses outhouses edifices buildings stables gardens
yards courtlages ways paths passages advantages and
appurtenances whatsoever to the said 2 messuages or
dwelling houses end plot or close of land or any part
thereof belonging or appertaining or at any time
heretofore held used occupied or enjoyed or deemed or
known as part parcel or member thereof or of any part
thereof and the Reversion and Reversions remainder and
remainders yearly and other rents issues and profits
thereof and of every part thereof and all the estate
right title interest of use trust benefit property claim
and demand whatsoever at Law or Equity or otherwise
howsoever of them the said Charles Rashleigh and Sarah
Hamley or either of them of in or out of the said
several hereditaments and premises hereby released and
conveyed or intitled so to be or any part thereof
Together with all deeds evidences in writing now in
their or either of their custody or power reciting to or
concurring the same or any part thereof TO HAVE AND TO
HOLD the said messuage or dwelling hereintofore first
mentioned and described and hereby released and conveyed
or intended so to be and the said plot or close of land
thereto adjoining with the appurtenances unto the said
John Pomeroy his heirs and assigns To the only proper
use and behoof of the said John Pomeroy his heirs and
assigns for ever TO HAVE AND TO HOLD the said messuage
or dwelling house last herein after described and hereby
intended to be hereby released and conveyed with the
appurtenances unto the said John Pomeroy his heirs and
assigns To the use and behoof of the said John Pomeroy
his heirs and assigns for and during the natural lives
of the said John Billing Samuel Stout and Hender
Mounsteven (??) and during the natural life of
any and either of them longer living subject to the
payment of the rent and observance and performance of
the Covenants exceptions and agreements mentioned in the
aforesaid Indenture of Lease thereof and on the part of
the Lessee therein named to be paid observed and
performed AND the sad Charles Rashleigh for himself his
heirs executors and administrators doth hereby covenant
promise and agree to and with the said John Pomeroy his
heirs ands assigns that he the said Charles Rashleigh
hath not at any time heretofore made done or committed
or wittingly or willingly permitted or suffered to be
made done or committed any act matter or thing
whatsoever whereby or by reason or means whereof the
said hereditaments and premises hereby released and
conveyed or mentioned and intended so to be or any part
thereof are is can shall or may be impeached charged
affected or incumbered in the estate or otherwise
howsoever AND the said Sarah Hamley doth hereby for
herself her heirs executors and administrators covenant
promise and agree to and with the said John Pomeroy his
heirs and assigns in manner following that is to say
that they the said Charles Rashleigh and Sarah Hamley
now at the time of the sealing and delivery of these
presents have in themselves or one of them hath in
himself or herself good right full power and lawful and
absolute authority to release and convey all and
singular the said hereditaments and premises hereby
released and conveyed or mentioned and intended so to be
with the appurtenances unto the said John Pomeroy his
heirs and assigns in manner aforesaid from time to time
to the true intent and meaning of these presents AND
that is shall and may be lawful to and for the said John
Pomeroy his heirs and assigns from time to time and at
all times hereafter into and upon the said hereditaments
and premises peaceably and quietly to enter the same to
have hold use occupy possess and enjoy and to receive
and take rents issues and profits thereof and of every
part thereof to and for his and their own use and
benefit without the lawful let suit (??)molestation
interruption claim or demand whatsoever of them the said
Charles Rashleigh and Sarah Hamley or either of them or
either of their heirs executors administrators or any
other person or persons whomsoever lawfully claiming or
to claim the same by from or under them or any or either
of them AND that free and clear and freely and clearly
freed required exonerate and discharge or otherwise by
the said Sarah Hamley her heirs executors or
administrators well and sufficiently saved defended kept
harmless and (???)of from and against all and all
manner of former and other gifts grants bargains sales
leases mortgages jointures powers uses trusts wills (???)arrears
of rent statutes judgments extents executions titles
charges and instruments whatsoever AND FURTHER that they
the said Charles Rashleigh and Sarah Hamley and their
heirs and all and every other person and persons having
or lawfully claiming or who shall or may at any time
hereafter have or lawfully claim any estate right title
or interest of in or to the said hereditaments and
premises hereby granted and released or mentioned or
intended so to be from ? or under him her or them
or any or either of 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 Pomeroy his heirs or assigns make do
and execute or cause and procure to be made done and
executed all and every such further and other lawful and
reasonable act and acts deeds things devices conveyances
and assurances in the law whatsoever for the further
better ,more perfect and absolute granting conveying
assuring and sure making the said hereditaments and
premises hereby granted and released or mentioned and
intended so to be and every or any part thereof with
their appurtenances unto and to the use of the said John
Pomeroy his heirs and assigns as by the said John
Pomeroy his heirs or assigns or his or their Counsell
learned in the law shall be reasonably advised or
devised and required IN WITNESS whereof the parties to
these presents (being first duly stamped and written or
Engrossed on 2 skins or pieces of parchment have
INTERCHANGABLY set their hands and seals the day and
year first above written
Sarah Hamley Chas Rashleigh
Witnessed on reverse
W Flamank
? Tremayne
Sally Pomeroy Hamley
John Bennett
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