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(Document in very poor condition with sections missing on folds. MMc) THIS INDENTURE TRIPARTITE made the 5th day of March in the second 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 and so forth in the Year of Our Lord 1762 BETWEEN John Grey of the parish of Endellion in the County of Cornwall Gentleman of the first part Digory Gray of the same Parish of Endellion Gentleman of the second part John Billing of the same Parish of Endellion Merchant of the third part WHEREAS by and Indenture of Lease and Release bearing date the 14tha and 15th days of June in the year of Our Lord 1759 and made or mentioned to be made between the said John Gray of the first part and the said John Billing of the other part He the said John Gray in consideration of the sum of £160 to him in hand paid by the said John Billing AND Grant Bargain Sell Alien Release Ratify Convey and confirm unto the said John Billing his Heirs and Assigns forever ALL that one Messuage and Tenement containing a Dwelling House Garden and the Moiety of all those Lands ditches pieces and parcels of Land Meadows and Pasture commonly called or known by the name of Hetherbutt situate lying and being in then aforesaid parish of Endellion and County aforesaid all which said premises sometime theretofore was in the several Tenures Occupation and possession of one George Daw and Margery Daw some or one of them their some or one of their Assign or Assigns and then of the said John Gray his Tenant or Tenants together with all paths ways waterings watercourses easements profits commodities advantages and appurtenances whatsoever to the same belonging or were theretofore deemed reputed or taken to be any part parcel or member thereof or any part thereof and all the Estate Right Title Interest Claim and demand whatsoever both in Law and Equity of him the said John Gray of in and to the same premises and of every and any part or parcel thereof TO HOLD the same to the said John billing his Heirs and Assigns forever AND the said John Gray DID by the said Indenture of Release for the better securing the repayment of the said £160 and Interest Grant Bargain Sell Assigns Transfer and Set over unto the said John Billing his Executors Administrators and Assigns all those Messuage Lands and Tenements with all said singular their appurtenances in or called Western Treswarrow otherwise Treswarwith situate lying and being in the said parish of Endellion with all orchards gardens meadows furze heath commons and commons of pasture to the said premises belonging or appertaining and all the Estate Right Title Interest Claim property and demand whatsoever of him the said John Gray both in Law and Equity of in and to the same and every part and parcel thereof together with the Original Lease thereof TO HOLD the same unto the said John Billing his Executors Administrators and Assigns from thenceforth for and during all the rest residue and Remainder of the term of fourscore and nineteen years granted by the said Indenture of Lease and determinable as therein mentioned but SUBJECT to a proviso in the said Indenture of Release contained that the same should be void on payment of the £160 with Lawful Interest for the same at a day then to come and ??????? ?? recited Indenture of Lease relation being there? Had will more fully and at large ?? AND WHEREAS the aid John Gray made default in payment of the said £160 and interest on the day prefixed in the said proviso for that purpose AND WHEREAS there is now Justly due and owing from the said John Gray unto the said John Billing the sum of £44 for interest and for goods Sold and Delivered by the said John Billing unto the said John Gray over and above the said principle sum of £160 NOW THESE PRESENTS WITNESS and it is hereby Agreed Covenanted and Concluded by and between the said John Gray and John Billing by and with the Consent of the said Digory Gray (testified by his being a party to and signing and sealing these presents that the said £44 shall become and hereby is agreed to be made principal money and from henceforth to carry interest AND that all and singular the said Messuage and Tenements and premises with the appurtenances called or known by the name of Hetherbutt in the said Parish of Endellion AND ALSO ALL those Messuages Lands and Tenements with all and singular their Appurtenances in or called Western Treswarrow otherwise Treswarwith in the said Parish of Endellion now in the Mortgage as aforesaid to the said John Billing for securing the principal money or sum of £160 shall stand and be Chargeable with the payment of the said £44 and Interest from henceforth unto the said John Billing his Executors Administrators and Assigns as well as with the payment of the aforementioned sum of £160 and the Growing Interest thereof AND that the said John Gray his Executors Administrators and Assigns shall not be admitted into the Redemption of the said premises or any part thereof until He or they had paid and satisfied to the said John Billing his Executors Administrators and Assigns the said sum of £44 and Interest thereof as were as the said sum of £160 and the Growing Interest thereof AND the said John Gray and Digory Gray do hereby for themselves their Heirs Executors and Administrators and for every of them jointly and severally Covenant Promise and Agree to and with the said John Billing his Executors Administrators and Assigns that they the said John Gray and Digory Gray their Heirs Executors and Administrators or some or one of them shall and will well and truly pay or cause to be paid unto the said John Billing his Executors Administrators and Assigns as well the said sum of £44 and the Interest thereof as the said sum of £1609 and the Growing Interest thereof at or before the 5th day of June next ensuing the date hereof IN WITNESS whereof the parties first abovementioned to these present Indentures their hands and seals Interchangeably have set the day and year first above written
Witnessed on reverse Return to St Endellion Parish Page
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |