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Indenture concerning Tregreenwell, Michaelstow dated 2 November 1734

This Indenture tripartite made the second day of November in the Eighth year of the Reign of our Sovereign Lord King George the Second and in the year of our Lord God One Thousand Seven Hundred thirty four Between William Hocken of the parish of Michaelstow in the County of Cornwall gent of the first part John Symons of the said parish, County aforesaid yeoman of the second and Richard Lower of Michaelstow aforesaid gent of the third part Whereas John Lower deceased late of the said parish of Michaelstow gent (Father of the above named Richard Lower) in and by his Deed of Mortgage indented bearing date the second day of November in the year of our Lord God One Thousand seven hundred twenty and three for and in consideration of the sum of one hundred pounds of good and lawful money of Great Britain to him in hand paid by William Pennington of the Burrough of Bodmin in the County of Cornwall Did Grant Bargain sell alien Release ratify enfeef convey and confirm unto the said William Pennington (in his actual possession him being by virtue of one Indenture of Bargain and Sale to him thereof made by the said John Lower bearing date the day next before the date of the said recited Deed of Mortgage and by force of the Statute for transferring uses into possession and to his heirs and assigns forever All those plots of Ground and old Walls on which there was formerly a House and also an orchard on the east side of the said old walls and a field or slope of Land to the said orchard adjoining commonly called or known by the name of the Barkhouse Park and also one other field or slope of Land called the cross park with part in a Mowhay and garden to the said p’mises belonging, and also the third part of one field formerly in the possession of one Christopher Leo Situate lying and being in the Village, field of Tregreenwell within the said parish of Michaelstow and also all those two parted in three formerly divided of all those Messuages Lands Tenements and Hereditaments in or called Tregreenwell aforesaid within the said parish of Michaelstow all which said premises then were in the tenure retains or occupation of the said John Lower his assignee or assignor tenant or tenants and were formerly purchased by the said John Lower of Ralph Pyke of Camelford and Mary his wife and William Salmon of Kenwyn Ffuller together with all the Houses Edifices Buildings Gardens Orchards Lands Meadows pastures feedings ways paths waters waterscourses Easements commons commons of pasture profits comodities advantages and appurtenances whatsoever to the same belonging or in anywise appertaining or accepted reputed taken or enjoyed to or with the same or any part thereof as part of or member thereof or of any parts thereof and the Reversion and Reversions remainder and remainders Rents duties Suits Services of all and singular the said premises of And all the estate right title Interest claim and demand whatsoever of him the said John Lower of in and unto the said premises and unto every part and part of thereof and all deeds counterpart of Leases Evidences Charters writings escripts and munuments whatsoever touching or concerning the said premises only or any parts or part of thereof together with true and perfect Copies of all such other Deeds Evidences and writings as concern the said premises or any part of thereof jointly with any other Lands of Inheritance of him the said John Lower being in his custody or which he might come by without suit of Law all which the said John Lower did in and by the said recited Indenture of Mortgage for himself his heirs Executors and Administrators Covenant promise and agree unto and with the said William Pennington his heirs assigned to deliver or cause to be delivered unto the said William Pennington his heirs or assigned uncanselled and undefaced upon the reasonable request of the said William Pennington his heirs or assigned To have and to hold all and singular the said several Messuages and Tenements and parts and parts of Lands fields or slopes of ground with the appurtenances lying within the Village and fields of Tregreenwell aforesaid in the parish of Michaelstow in the County aforesaid and every part and part of thereof and – all other the premises in and by the said recited Indenture granted and conveyed or meant mentioned or intended to be therein granted and conveyed and every part and part of thereof with the appurtenances and the rents reversions remaining duties suits and services of the same and of every part and part of thereof unto the said William Pennington his Heirs and assigned forever In which said Indenture of Mortgage was and is contained a proviso that if the said John Lower his heirs executors or Administrators or assigned or any or either of them should well and truly pay or cause to be paid unto the said William Pennington his Executors Administrators or assigned the full and just sum of one hundred pounds lawful money of Great Britain with lawful Interest for the same at or upon the first day of May then next ensuing the date thereof that then the said recited Indenture and every thing therein contained should be utterly void and of none effect as in and by the said Indenture of Mortgage relation being thereunto had it do the more fully and at large appear which sum of one hundred pounds was not paid according to true intent and meaning of the proviso mentioned in the s’ recited Deed But there did remain due and owing on the said recited Mortgage unto the said William Pennington the said principle sum of one hundred pounds lawful money and also five pounds interest for the same whereby the same rented premises and every part and part of thereof be named in Law absolutely vested in the said William Pennington and whereas the said William Pennington by his Indenture of assignment bearing date on or about the first day of November one thousand seven hundred thirty three for and in confirmation of the sum of one hundred and five pounds lawful money of Great Britain unto him in hand paid by the said William Hocken (the receipt whereof the said William Pennington did thereby acknowledge, thereof and of every part and part of thereof did exonerate acquit and discharge the said William Hocken his heirs Exec’s, Adm’s) Did grant assign and set over unto the said William Hocken his heirs and assigned as well all and singular the said recited premises with its appurtenances as also the said recited Deeds Indentures and all other writings relating to or concerning the same and all monies then due and owing or which Should thereafter grow due thereon with all the right title interest property claim and demand whatsoever of in or to the same and of in or to every part and part of thereof as in and by the last recited Indenture relation being thereunto had more plainly and at large it doth and may appear now this Indenture witnesseth that the said William Hocken at the desire and by the consent of the above named Richard Lower witnessed by his being party to these presents and in confirmation of the full sum of one hundred sixty four pounds and three shillings to him the said William Hocken in hand paid by the said John Symons at or before the sealing and delivery of this present Indenture the receipt whereof the said William Hocken doth hereby acknowledge and for diverse other good causes and considerations him the said William Hocken thereunto moving Hath Granted assigned and set over unto the said John Symons his heirs and assigns all those aforesaid plots of Ground and old walls on which there was formerly a House and orchard on the east side of the old walls and all those several slopes, fields of Land called or known by the several names of the Barkhouse park the cross park with park in a Mowhay and Garden to the said premises belonging and also the third part of one field formerly in the possession of one Christopher Lee and also All those two parts in three formerly divided of all those Messuages lands Tenements and Hereditaments in or called Tregreenwell aforesaid together with all the rights members privileges and appurtenances belonging to the same and all the Estate right title interest property claim and demand whatsoever of him the said William Hocken of in and unto the same together with all Deeds Evidences and writings which concern the said premises now in his custody power or possession To have and to hold all and singular the said Fields or slopes of Land and other the premises with the appurtenances unto the said John Symons his heirs and assigns forever and the said William Hocken for himself his heirs Executors and Administrators and for every of them Doth have and promise and grant to and with the said John Symons his heirs and assigns by these presents that to the said John Symons his heirs and assigns shall or lawfully may from time to time and at all times hereafter quietly and peaceable have hold enjoy and possess all and singular the said parcels of Land and premises free and clear, and freely and clearly and absolutely acquitted freed and discharged of and from all and all manner of charges estates and encumbrances whatsoever had made done or willingly suffered by him the said William Hocken or any claiming under him, or by or with his privity or counsel all the said Richard Lower for and in consideration of the sum of thirty seven pounds , four shillings – lawful money of Great Britain to him in hand paid by the said John Symons before the ensealing and delivery of these p’sents in full satisfaction of and for the full price and value of the said field slopes parcels of Land and other the premises and doth by these p’sents acknowledge himself fully satisfied, and further doth for himself, his heirs as much as in him liste Release satisfy and confirm unto the said John Symons (in his full and peaceable possession now being) and to his heirs and assigns the said several fields slopes or parcels of Land and other the premises with all the appurtenances thereof To have and to hold the said fields slopes, parcels of Land, other the premises with their and every of their appurtenances to the said John Symons his heirs and assigns forever and doth also for himself his heirs and assigns Remit release, forever forafter quit claim to the said John Symons his heirs and assigns all the Estate Right Title possession reversion Remainder condition Equity of Redemption and possibility of right Title and demise whatsoever which forever had now hath or hereafter may have of in or to the said several Several plots, parcels fields or slopes of Land before in? and? P’ticularly measured) or any part thereof so as neither the said Richard Lower nor his heirs or any other for them or in their names shall or may hereafter at any time have or challenge any Rents Right Title Equity of redemption Entry Condition or demand In of or to the said several plots parcels fields or slopes of Land with the appurtenances or any part thereof But thereof shall forever hereafter be barred and excluded by these p’sents and the said Richard Lower Doth further Covenant promise and Agree to and with the said John Symons and his heirs that to the said John Symons his heirs and assigns shall and may from time to time and at all times hereafter quietly and peaceably have hold possess and Enjoy all and singular the Said Several Tenements slopes plots of ground and other the p’mises without the let trouble Eviction or ejection of him the said Richard Lower his heirs or assigns or of any other person or persons claiming by from or under him and that he the said Richard Lower his heirs and assigns shall and will at and upon the request costs and charges of the said John Symons his heirs and assigns do and cause to be done all such acts and things for the farther ensuring and conveying of the said several Tenements slopes fields of Land, other the premises to the said John Symons his heirs assigns or by the said John Symons his heirs or assigns or his or their Counsel learned in the Law shall be reasonably devised advised or required And the said Richard Lower and his heirs All and Singular the before mentioned Messuages and Tenements parts and parcels of Land before in and by these presents Granted and conveyed and every part and part of thereof as well against him the said Richard Lower, his heirs as against all and every other person, persons claiming by from or under him shall and will warrant acquit and by these premises for ever Defend Its witness whereof the parties first above named to these p’sent Indentures their hands and seals Interchangeably have put this day and year first above written. Annog Dnd 1734

(Signed on reverse)
 
William Hocken
Rich Mayow
John Parsons
Richard Lower

 
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Transcribed from a Document in the Malcolm McCarthy Collection by Tony Sloman