Anne Arundel County
MDGenWeb
This Indenture made this Eleventh day of August in the year of our Lord one thousand eight hundred and forty three between Henry Davis and Elizabeth Davis his wife of Howard District of Anne Arundel County in the State of Maryland of the one part and Francis Earlougher of same District and State of the other part: Whereas the said Francis Earlougher has heretofore loaned and advanced to the parties of the first part hereto, the sum of seven hundred and sixty six dollars lawful money for which said sum of money the said Henry Davis has passed and delivered unto the said Francis Earlougher his promissory note of even date herewith bearing interest from date payable two years after date, and drawn by the said Henry Davis in favor of the said Francis Earlougher. And whereas also, the said Francis Earlougher is answerable and held bound for the payment of two promissory notes drawn by the said Henry Davis and not yet due to wit: one to Reuben M. Dorsey for the sum of three hundred dollars and the other to Beale Mahanan for the sum of one hundred and seventy five dollars or there about lawful money. And whereas, for the purpose of effectually securing the payment of the aforesaid several sums of money above mentioned and referred to this Instrument is executed.
Now therefore this Indenture Witnesseth, that for and in consideration of the above recited promises and the sum of one dollar lawful money, to the parties hereto of the first part, paid by the party of the second part to these presents, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, the said Henry Davis and Elizabeth Davis his wife have granted, bargained and sold, aliened enfeoffed and conveyed, and by these presents, to grant bargain and sell, alien enfeoff and convey, unto the said Francis Earlougher his heirs and assigns "All that piece or parcel of land situate lying and being in Howard District aforesaid comprehending a part of two tracts of land called, "Rebecca's Lot and the Strip," (It being the same parcel of land which by Indenture bearing date the 27th of October 1841, and recorded among the land records of Howard District aforesaid was granted and conveyed by Beale Manahan and wife to the said Henry Davis his heirs and assigns,) together with the improvements and appurtenances. To Have and to Hold the piece or parcel of land above described and referred to with the appurtenances, unto the said Francis Earlougher his heirs and assigns, to the only proper use and behoof of the said Francis Earlougher his heirs and assigns forever (Subject however are it is so understood, by the parties hereto, to a mortgage heretofore given by the parties of the first part hereto, to Nicholas Worthington of ___ ) Provided always, and these presents are upon this condition, and it is hereby declared to be the true intent and meaning hereof, and of the said parties hereunto, that is the said Henry Davis his heirs executors administrators or assigns do and shall well and truly pay or cause to be paid unto the said Francis Earlougher his executors administrators or assigns, the aforesaid sum of seven hundred and sixty six dollars lawful money and the legal interest thereon, according to the tenor of the promissory note to as aforesaid ___ for said principal sum and interest and shall save and keep harmless the said Francis Earlougher from all and any loss by reason of his liability herein before mentioned to Reuben M. Dorsey and Beale Manahan, then and in such case this Indenture and every clause matter and thing herein contained shall cease, determine, and be absolutely void, any thing herein before contained to the contrary thereof in any wise not withstanding. And it is hereby declared to be the intent and meaning hereof and of the parties aforesaid, that until default be made in the premises as aforesaid, it shall and mat be lawful, not withstanding any thing herein before contained to the contrary for the said Henry Davis his heirs and assigns to hold use occupy and enjoy the land and premises hereby mortgaged, and the clear rents, issues and income thereof to receive and take and the same to apply to his and their own use. In witness whereof the Henry Davis and Elizabeth Davis his wife have hereunto subscribed their names and affixed their seals on the day and year first above written.
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Signed, sealed and delivered Jas. Martin John Forrest |
Henry Davis Elizabeth Davis |
State of Maryland; Howard District of Anne Arundel County ss:
Be it remembered and it is hereby certified, that on this Eleventh day of
August in the year of our Lord our thousand eight hundred and forty three,
before us the subscribers two Justices of the peace, of the State of
Maryland, in and for Howard District of Anne Arundel County aforesaid
personally appeared Henry Davis and Elizabeth Davis his wife, they being
known to us, to be the persons who are named and described as and professing
to be the parties of the first part to the foregoing Deed or Indentures, and
do severally acknowledge the said Indenture or Instrument of writing to be
their respective act and Deed. The said Elizabeth Davis having signed and
sealed said Indenture before us out of the presence and hearing of her
husband; and the said Elizabeth being by us examined out of the presence and
hearing of her said husband "Whether she doth acknowledge the same freely and
voluntarily and without being induced to do so, by fear of threats of, or ill
usage by her said husband or by fear of his displeasure: declareth and saith
that she doth." In testimony whereof we hereunto subscribe our names on the
day and year aforesaid.
Jas. Martin
John Forrest
On the back of this document is inscribed:
Received to be recorded the 12th day of August 1843. Same day Recorded
in Liber ILM, No. 4, folio 269 one of the Land Record Books of Howard
District of Anne Arundel County per Jno. L. Moorelate Clk and examined per
E. P. Hayden
Clk.
Paid $1.94
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This page was last updated
10/12/2023