Deeds of No.6 Pitt Hill, Appledore, 1745

Transcribed by David Carter 2022

[Spelling remains verbatim. All punctuation added by the transcriber]

The original deeds remain in private hands.
 

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This indenture tripartite made the 15th day of February in the 19th year of the reign of our sovereign Lord George the second, by the grace of God of Great Britain, France and Ireland, King Defender of the Faith, and so forth, and in the year of our Lord one thousand seven hundred and forty five [1745].

Between William Browning of the parish of Northam in the county of Devon cooper, and Sarah his wife, of the first part; George Pollard the younger of the same place merchant of the second part; and Richard Vernam of the same place merchant of the third part.

Witnesseth that the said William Browning, and Sarah his wife, for and in consideration of the sum of one hundred and seventy pounds [£170] of lawful British money, to them, or one of them, in hand paid by the said Richard Vernam, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the said Richard Vernam his heirs, executors, administrators and assigns thereof acquitted and discharged, and for divers other good causes and valuable considerations them here unto moving they the said William Browning, and Sarah his wife, have and each of them hath given, granted, bargained, sold, revised, released and forever quitclaimed, and in and by these presents do and each of them doth give, grant, bargain, sell, remise, release and forever quitclaim unto the said Richard Vernam (in his actual possession now being by virtue of a bargain and sale to him thereof, made for one year by the said William Browning, and Sarah his wife by indenture bearing date the day next before the day of the date of these presents, and by force of the statute for transferring uses into possession) and to his heirs and assigns forever.

All that one messuage with the appurtenances now converted into, and consisting of four tenements situate lying and being within the town of Appledore, in the parish of Northam aforesaid, formerly in the possession or occupation of, or belonging unto, William Browning deceased grand-father of the said William Browning, party hereto, but now or lately in the several occupations of Margaret Bowen widow, Daniel Bidder, Thomas Vernam and John Scamp, together also with the garden behind the new built house (near the tenement wherein the said William Browning now dwells, which said garden has been already measured, and contains in length from north to south about forty one feet, in breadth from east to west forty feet or thereabouts, be the same more or less, and is already inclosed and walled round, and also all such right, title, and interest as they the said William Browning, and Sarah his wife now have, or either of them, have to the well in the passage leading from the said tenements to the said garden behind the said new built house, as all appurtenance or easement belonging to the said messuage or tenements (excepting and reserving nevertheless to the said William Browning, and Sarah his wife, their heirs and assigns, tenant or tenants of the said new built house, free liberty of taking water from the said well for the use of the said new built house, and the family therein only) and also liberty of going through the said passage to and from the said well and garden at all times and seasons, together also with all outhouses, edifices, buildings, gardens, ways, paths, courts, courtledges, waters, watercourses, easements, profits, commodities, advantages, privileges and appurtenances whatsoever to the same belonging, or appertaining, or therewith now or at anytime heretofore held, used, occupied or enjoyed, as part of, or belonging to, the same, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right in law and equity, title, interest, term and terms of years, use, trust, property, claim and demands whatsoever and howsoever of them the said William Browning, and Sarah his wife, and each of them, of in to and out of the said premises, and every part thereof, together with all deeds, writings, escripts and evidences whatsoever, concerning only the said premises or only any part or parts thereof, and true copies of all such other deeds and writings as concern the same, or any part thereof, jointly with other things, now in the custody or power of the said William Browning, and Sarah his wife, or either of them, or which they, or either of them, can lawfully come by the said copies to be made at the request, cost and charges of the said Richard Vernam, his heirs or assigns.

To have and to hold all and singular the said messuage or tenements, garden and premises, hereby granted and released, or mentioned, or intended so to be, and every part and parcel thereof, with their and every of their appurtenances, unto the said Richard Vernam, his heirs and assigns forever, to the only use and behoof of the said Richard Vernam, his heirs and assigns forever more.

To be holden of the high and chief Lord or Lords of the fee or fees of the premises, by the high rents and services, if any therefore, from henceforth only to grow due, and of right accustomed.

And the said William Browning doth hereby for himself, his heirs, executors and administrators, and for every of them, and for the said Sarah his wife, covenant, promise and agree to and with the said Richard Vernam, his heirs and assigns, in manner following (that is to say), that they the said William Browning, and Sarah his wife, now have full power, good right and lawful authority to give, grant and release all and singular the said messuage, tenements, garden and premises, with their and every of their appurtenances, unto the said Richard Vernam, his heirs and assigns in manner aforesaid.

And that he the said Richard Vernam, his heirs and assigns, shall and may forever hereafter peaceably and quietly have hold, use, occupy, possess and enjoy all and singular the said messuage or tenements, garden and premises, with their and every of their appurtenances, without the let suit, entry, trouble, interruption, hindrance, or denial of them the said William Browning, and Sarah his wife, or either of them, there or either of their heirs or assigns, or of any other person or persons whatsoever lawfully claiming, or to claim, by from or under him, her or them, or by, from or under William Browning deceased grandfather, or Robert Browning deceased father of the said William Browning, or any or either of his, their or either of their ancestors.

And that free and clear, and freely and clearly acquitted, exonerated and discharged, or otherwise on request well and sufficiently saved, harmless and kept indemnified by him the said William Browning, and Sarah his wife, or one of them, there or one of their heirs, executors or administrators, of, from and against, all and all manner of former and other gifts, grants, bargains, sales, leases, releases, assignments, mortgages, jointures, settlements, dowers, right and title of dower, intails, feoffments, statutes, recognizances, judgments, executions, extents, fines, post fines, arrears of rent, debts to the King’s Majesty, and other debts of record, and of and from all other titles, charges, demands and incumbrances whatsoever had made, committed, suffered or done by them the said William Browning, and Sarah his wife, or William Browning deceased grandfather, or Robert Browning deceased father of the said William Browning, or any ancestor of them, or either of them, or any other person or persons claiming under them any or either of them.

And further that he the said William Browning and his heirs, and all and every other person and persons now having, or lawfully claiming, or which shall, or may at anytime hereafter, have or lawfully claim any manner of estate, right, title, charge or interest of, in to, or out of the said messuage or tenements, garden and premises, or any part thereof in law or equity, by from or under him, her or them, or the said deceased grandfather or father of the said William Browning or any of their ancestors, shall and will upon the reasonable request, and at the proper cost and charges of the said Richard Vernam, his heirs or assigns, make, do and execute, or cause to be made, done and executed, all and every such further and other lawful and reasonable acts, deeds, devices, conveyances and assurances in the law, as by the said Richard Vernam, his heirs or assigns, or his or their counsel learned in the law, shall be reasonably devised, advised or required for the further, better, more perfect and absolute granting, conveying and assuring the said messuage or tenements, garden and premises, with their appurtenances, unto or in trust for the said Richard Vernam, his heirs and assigns, according to the true intent and meaning of these presents.

And whereas the said William Browning, and Sarah his wife, in or as of Hillary term last past, did acknowledge and levy in due form of law in his Majesty's Court of Common Pleas at Westminster, before his Majesty's Justices thereunto, the said George Pollard, and his heirs, one fyne sur cognizance de droit come ceo [*] and so forth, of the said messuage or tenements and premises, together with other lands by the names of two messuages, two courtledges, and one garden with the appurtenances in Appledore and Northam in Devon.

Now it is hereby declared and agreed by and between all the parties hereto, and the said William Browning, and Sarah his wife, and George Pollard, do hereby declare and agree that as well the said fine so as aforesaid, had and levied as all and every other fine and fines, recovery and recoveries, conveyances and assurances whatsoever, which at any time or times heretofore, have been or hereafter shall be, had made, levied, executed or suffered by or between the said parties, or any or either of them, of the said hereby granted and released premises, or any part or parts thereof, shall be and enure, and the same is and are hereby declared and construed to be and enure (as for and concerning the said hereby granted and released premises with their appurtenances only) to the use and behoof of the said Richard Vernam, his heirs and assigns forever, free and clear of and from all dower, right, and title of dower and thirds, which she the said Sarah can or may have, or claim of, in to or out of the same, and to and for no other use, end, intent or purpose whatsoever.

And the said Richard Vernam doth hereby for himself, his heirs and assigns, and for every of them, covenant, promise and agree for with the said William Browning, his heirs, executors, administrators and assigns, that he that said Richard Vernam, his heirs or assigns, shall and will from time to time, and at all times hereafter, permit and suffer the said William Browning, his heirs and assigns, or his or their tenant or tenants of the said new built house, to take water from the well hereinbefore mentioned, for the use of the said house and family therein only.

In witness whereof the parties to these presents written on parchment, first legally stampt their hands and seals interchangeably, have set the day and year first above written.

Signed: Richard Vernam, William Browning, Sarah Browning, George Pollard.

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* A "Fine sur cognizance de droit come ceo que il ad de son done" was a fine upon acknowledgment of the right of the cognizee as that which he hath the gift of the cognizor. By this deforciant acknowledged in court a former feoffment, or gift, in possession to have been made by him to the plaintiff. It was a legal means of passing rights to land, from one person to another.

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