| Section VI - Massey Data Bank | One Maryland Massey Family by George
Langford, Jr. 1901-1996 ©Cullen G. Langford and George Langford, III, 2010 |
Maryland Land Records, Kent County, Liber BC #7, Folio 10,11,12,13 & 14
Benjamin Massey to Winder Massey, September 22, 1811
| September 22, 1811: Benjamin
Massey, Esquire, in order to secure a debt of £710 owed to Winder Massey, gentleman of Baltimore,
sells in a mortgage deed the 142 acre tract called Angels Rest
to Winder for $5.00, which
sale becomes null and void if Benjamin makes payment of £355 on
October 1, 1811 and another payment of £355 on October 1, 1812,
plus legal interest. In the meantime, Benjamin is free to occupy
and use the land and premises as he wishes. Winder Massey had
previously obtained the land (on March 19, 1811) from his grandfather
and sold it to Benjamin in an earlier transaction. Witnesses: Kent County Justices of the Peace Ephraim VanSant and Cornelius Comegys; Ben Chambers is Kent County Clerk. Note: High-resolution images of the deed at right can be viewed at the Maryland State Archives, but registration is required in advance of doing so. Once you have registered, you can access the images by entering the county clerk's initials ("BC" in this example) and volume number ("7" above) and the folio page number ("10" above). |
| Kent
County aforesaid. Be it remembered that on the twenty-second day of
September in the year one thousand eight hundred and eleven, the
following mortgage deed was brought to be enrolled among the records of
the county aforesaid of the tenor and in the words following to wit:
This indenture made this twenty-eighth day of June in the year of our
Lord one thousand eight hundred and eleven
between Benjamin Massey, Esquire, of Kent County in the state of
Maryland
of the one part, and Winder Massey of the city of Baltimore, gentleman
of
the other part. Witnesseth that, whereas the said Benjamin Massey owes
and stands justly indebted unto the said Winder Massey in the sum of
seven hundred and ten pounds current money of the said State, and to
assure the payment
thereof is willing to execute these presents. Now this indenture:
Witnesseth that the said Benjamin Massey, for and in consideration of
the
premises and in consideration of the sum of five dollars current money
to him in hand paid by the said Winder Massey at or before the sealing
and delivery of these presents, the receipt whereof the said Benjamin
Massey doth hereby acknowledge and there of and there from doth acquit
release exonerate and forever discharge the said Winder Massey, his
heirs,
executors, and administrators, and every of them by these presents,
hath granted, bargained, and sold and by these presents doth grant,
bargain, and
sell unto the said Winder Massey, his executors, administrators, and
assigns, all and singular that tract or part of a tract of land and
premises situated lying and being in Kent County aforesaid called Angels
Rest and being the same land which he the said Winder Massey purchased
of or attained by deed of gift from his grandfather and being the same
as sold this day the date of these presents by deed of bargain and sale
under his hand and seal unto the said Benjamin Massey and contained
within the following metes and bounds: Beginning at the original
beginning of the aforesaid Angels Rest were now there is planted a large
stone and running from there thence four hundred and twenty perches
West to a parcel of
stones at the end of the first line of said tract of land, thence South
fifty four perches and a half, thence East four hundred and twenty
perches to intersect the home line of the
original tract of said land, thence North fifty four perches and a half
to the
beginning containing and laid off for one hundred and forty two acres of
land more or less, together with all the houses,
buildings, woods, and underwoods, improvements, and appurtenances
belonging
unto the said Benjamin Massey to the only proper use and behoof of the
said Winder Massey, his heirs and assigns forever and to and for no
other
use, intent, or purpose whatsoever, provided always and it is the true
intent and meaning of these presents and of the said parties hereunto,
that if the said Benjamin Massey, his heirs, executors, or
administrators
do and hail well and truly pay or cause to be paid unto the said Winder
Massey, his executors, administrators, and assigns, the said full sum of
seven hundred and ten pounds as aforesaid in manner following, that is
to say: the sum of three hundred and fifty five
pounds of like money as aforesaid with legal interest thereon on or
before the first day of October ensuing the date hereof, according to
the
purport of his obligatory writing bearing date with these presents.
Conditioned for the payment of the said sum of three hundred and fifty
five pounds as by the said
writing or bond reference thereunto had will more fully and at-large
appear and the further sum of three hundred and fifty five pounds of
like money as aforesaid with
legal interest thereon on or before the first day of October in the
year of our Lord one thousand eight hundred and twelve according to the
purport of his obligatory bearing
date with these presents conditioned for the payment of the said sum of
three hundred and fifty five pounds of like money as aforesaid with
legal interest on the said
sum payable on the first day of October eighteen hundred and twelve
reference to the
said obligatory writing or bond had will more fully and at-large appear
without any deduction or abatement whatsoever then and from
henceforth these presents and every matter and thing therein contained
shall cease and be utterly null and void anything herein contained to
the contrary thereof or in any wise notwithstanding and the said
Benjamin Massey, for himself ,his heirs, executors, and administrators,
doth
covenant, promise, grant, and agree to and with the said Winder Massey,
his
executors, administrators, and assigns, in manner and form following,
that
is to say that he, the said Benjamin Massey, shall and will well and
truly
pay or cause to be paid unto the said Winder Massey, his executors,
administrators, or assigns, the said sum of seven hundred and ten pounds
with legal interest
as aforesaid on the days herein before limited for payment thereof
without any deduction or abatement whatsoever as aforesaid and that the
said granted and released premises now are and at all times from and
after default shall happen to be made of or in payment if the said sum
of seven hundred and ten pounds and interest as aforesaid or any part
thereof shall forever
be remain and continue free and clear and freely and clearly acquitted
and discharged
of and from all manner of former and other gifts, grants, bargain,
sales,
mortgages, judgments, charges, or encumbrances whatsoever heretofor
made,
committed, done, or suffered by Benjamin Massey and that the said Winder
Massey, his heirs, and assigns, shall and may from time to time and at
all
times after any such default shall happen to be made in payment of the
said sum of seven hundred and ten pounds and interest as aforesaid or
any part thereof
peaceably and quietly have, hold, occupy, possess, and enjoy all and
singular the said premises with the appurtenances and every part and
parcel thereof without threat, molestation, hindrance, interruption,
disturbance of him the Benjamin Massey, his heirs, and assigns, and all
and
other person persons having or lawfully claiming any estate, right,
title,
or interest of or in the said hereby granted and released premises or
any part thereof shall and will at any time or times after such default
made in payment as a aforesaid make and execute, do and suffer all such
further and other acts, matters, and things, devices, and assurances in
the
law whatsoever for the further and better conveying and assuring of all
and singular the premises with the appurtenances as hereby granted unto
him the said Winder Massey, his heirs, and assigns, to the only proper
use
and behoof of the said Winder Massey, his heirs, and assigns, forever
absolutely freed and discharged of and from the proviso or condition
herein before contained
and other from all equity of retention by virtue or color thereof
according to the true intent and meaning of these presents as by the
said Winder Massey, his heirs, or assigns, or his or their counsel
learned
in the law shall be reasonably advised, devised, or required, and lately
it
is covenanted and agreed upon by and between both of the said parties
to these presents and is hereby declared to be the true intent and
meaning hereof and of the parties hereunto that until default shall be
made in payment of the said sum of seven hundred and ten pounds in legal
interest for the
same as aforesaid according to the time above limited for the payments
thereof it shall and may be lawful to and for the said Benjamin Massey,
his heirs, and assigns, peaceably and quietly to have, hold, occupy,
possess,
and enjoy all and singular the said premises above granted and released
in every part thereof with the appurtenances and to have received and to
have received and take the rents, issues, and profits thereof to his
and
their own particular use and benefit anything herein contained to the
contrary thereof in any wise notwithstanding. In witness whereof the
parties to these presents have hereunto set their and each of their
hands and seals the day and year first within written. The following
words to wit, "tract of" called "bounds" "sum payable on the
[illegible]"
was first interlined before the sealing of these presents. Benjamin Massey {seal}
Sealed and delivered Winder Massey {seal} in the presence of Ephraim VanSant Cornelius Comegys On the back of the same mortgage deed were the following endorsements written: Received the day of the date of the within and foregoing presents from Winder Massey the sum of five dollars the consideration money of the within presents mentioned in full. Winder Massey
Testes: Ephraim VanSant Cornelius Comegys Kent County state of Maryland to wit: Be it remembered that on the day of the date of the within presents personally appeared Benjamin Massey the within named grantor before us, the subscribers two of the Justices of the Peace for Kent County and the State of Maryland aforesaid and did acknowledge the within and foregoing instrument of writing to be his act and deed and the lands and premises therein granted bargained and sold to be the right and estate of him the said Winder Massey the within named grantee, his heirs and assigns forever according to the true intent and meaning of the within presents. Taken and certified by us as aforesaid according to the act of assembly in such cases made and provided. Ephraim VanSant
Cornelius Comegys And the same mortgage deed was accordingly recorded on the 22nd day of September in the year 1811. by Ben Chambers clerk
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