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THIS INDENTURE Made
the 28th day of September in the 30th year of the Reign
of Our Sovereign Lord George the Third by the Grace of
God of Great Britain France and Ireland King Defender of
the Faith in the year of Our Lord 1772 BETWEEN John
Simons of the Parish of Cardinham in the County of
Cornwall tucker of the one part and Petherick Bunt of
the said Parish of Cardinham yeoman of the other part
WHEREAS Mary Vere Hunt of Chester in the County of
Chester widow by her indenture of lease only executed
and bearing date the 21st day of March in the year of
Our Lord 1747 for the consideration therein mentioned
DID demise lease sett unto the said John Simons party
hereto ALL that her messuage and tenement in the village
of Old Cardinham farm situate lying and being within the
said Parish of Cardinham together with convenient
commons of pasture on the commons belonging to the Manor
of Cabellia all which said demised premises were late
thenceforth in the possession of Thomas Pomery of the
said Parish of Cardinham yeoman deceased and which fell
into the hands and possession of the said Mary Vere Hunt
on the said decease of Elizabeth Rundle formerly
Elizabeth Pomery together also with the said lease
(except as therein excepted) TO HAVE AND TO HOLD the
said message and tenement with their appurtenances
except before excepted unto the said John Simons his
executors administrators and assigns from thenceforth
unto 20th day of December then last past for and during
the full time and term of fourscore and nineteen years
if the said John Simons Richard Simons and Jane Simons
son and daughter of the said John Simons or any of them
should happen so long to live UNDER the yearly rent of
thirteen shillings and four pence payable quarterly, and
capon yearly or twelve pence for the same on harvest
journey yearly on the time of harvest or six pence for
the same, and twenty shillings for an Heriot or Farlive
upon the death and decease of every of them the said
John Simons, Richard Simons and Jane Simons and under
divers covenants exceptions suits and services and
agreements in the said lease contained reference and in
relation being thereunto had will more fully and at
large appear AND WHEREAS the said Petherick Bunt hath
contracted and agreed with the said John Simons for the
purchase of the said messuage and tenement for and
during the remainder of the said term determinable as
aforesaid and for the ? sum of thirty pounds NOW THESE
PRESENTS WITNESS that the said John Simons for and in
consideration of the said sum of thirty pounds of lawful
money of Great Britain to him in hand paid by the said
Petherick Bunt at and before the sealing and delivery
hereof the receipt whereof the said John Simons hereby
acknowledges and thereof and of every part thereof doth
hereby release acquit and discharge the said Petherick
Bunt his executors administrators and assigns HATH
granted bargained sold by signed transference and sett
over and in and by these presents DOTH grant bargain
sell assign transfer and sett over unto the said
Petherick Bunt his executors administrators and assigns
ALL that the aforesaid messuage and tenement in the
Village of Old Carinham situate lying and being in the
said Parish of Cardinham together with convenient
Commons of Pasture on the Commons belonging to the Manor
of Cabilla formerly in the possession of the said Thomas
Pomery of the said Parish of Cardinham yeoman deceased
and late and now of George Simons son of the said John
Simons and which fell into the hands and possession of
the said Mary Vere Hunt on the death of the said
Elizabeth Rundle formerly Elizabeth Pomery together also
with the said lease (except before excepted) TO HAVE AND
TO HOLD the said messuage and tenement hereby intended
to be hereby granted and assigned with the appurtenances
AND ALL his the said John Simons his estate right title
interest term and terms of years property claim and
demand whatsoever in and to the same and an7 part
thereof from henceforth for and during the rest residue
and remainder of the said term of fourscore and nineteen
years therein to come and expire by virtue of the said
lease UNDER the yearly rent dues duties suits services
covenants and exceptions in the said lease contained AND
the said John Simons doth hereby for himself his
executors administrators covenant promise and agree to
and with the said Petherick Bunt his executors
administrators and assigns in manner following that is
to say that he the said John Simons now hath in himself
good right full power and lawful authority and during
the remainder of the said term or terminable as
aforesaid and that the said messuage and tenement now
are and so during the remainder of the said term
determinable as aforesaid shall remain continue and be
unto the said Petherick Bunt his executors
administrators or assigns free and clear and freely and
clearly and absolutely acquitted exonerated and
discharged or otherwise well and sufficiently saved
harmless and indemnified by the said john Simons his
executors administrators of and from all and all manner
of former and other gifts grants bargains sales
assignments mortgages judgements executions rents
arrears of rent incumbrances claims and demands
whatsoever the yearly rent dues suits and services
mentioned and reserved in and by the said in part
recited lease only exception foreprized AND that he the
said John Simons his executors administers and every
other person or persons now having or claiming or who
shall at any time or times during the remainder of the
said term have or claim any estate right title or
interest in or to the said premises or any part thereof
shall and will at any time or times at the reasonable
request of the said Petherick Bunt his executors
administrators or assigns at the proper costs and
charges of the said John Simons his executors
administrators make acknowledge levy execute suffer or
cause to be made done acknowledged levied executed all
and every such further and other lawful reasonable act
and acts thing and things deed deeds assurance and
assurances whatsoever or the further more perfect and
absolute granting assigning and assuring the said
messuage and tenement with their appurtenances to the
said Petherick Bunt his executors administrators and
assigns during the remainder of the said term
determinable as aforesaid as by the said Petherick Bunt
his executors administrators or assigns or by his own or
their Counsel learned in the law shall be reasonably
devised advised or required so as the party or parties
who shall be required to make and execute such further
assurance or assurances be not compelled or compellable
to travel above ten miles from his place or places of
his or their habitation or abode at the time of such
request for the making or doing thereof AND that under
payment of the said yearly rent and dues and observance
performance of the covenants exceptions suits services
and agreements in the said leae contained it shall and
may be lawful for the said Pertherick Bunt his executors
administrators and assigns quietly and peaceably to have
hold and enjoy the said messuage and tenement hereby or
intended to be hereby granted and assigned with the
appurtenances for and during the remainder of the said
term or terminable as aforesaid without the lett suit
trouble burthen charge molestation executed or denial of
him the said John Simons his executors or administrators
or any person or persons whomsoever claiming or to claim
the same or any part thereof from by or under him feed
and discharged by the said John Simons of and from the
conventionary rents rates taxes and other outgoings to
the twenty ninth day of this instant September IN
WITNESS whereof the parties aforesaid to these presents
being duely stamped their hands and seals
interchangeably have sett the day and year first above
written |
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |