by Wendy Snarey

(22) Mortgage – Mr Joseph Smith to Mr Robert Smith – 16th May 1769

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On Cover: Mortgage Mr Joseph Smith to Mr Robert Smith – 16th May 1769

Document

By Indenture stampt as the several acts direct and made 16th May 1769 and made between 

  1. Joseph Smith of Tewkesbury stocking framework knitter
  2. Robert Smith of Tewkesbury maltster 

Witness that the said Joseph Smith in consideration of £80 to him paid by said Robert Smith (receipt acknowledged) he the said Joseph Smith hath granted demised and sold unto said Robert Smith his heirs and assigns

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All that Messuage or Tenement or Half Burgage heretofore in the occupation of William Walker cordwainer but now of the said Joseph Smith with garden, backside thereto adjoining and belonging situate in Tewkesbury in a street there called the High Street otherwise the Oldbury Street having
A Messuage or Tenement in the tenure of John Kingsbury on North side
A Messuage or Tenement now or late in the tenure of Joseph Heath on South side
And extending itself in length from the said street on the forepart to land formerly of Sir Francis Russell baronet then belonging to the Poor of Tewkesbury on the hinder part
Together with all the outhouses etc whatsoever to the said Messuage or Tenement or Half Burgage and Premises in anyway belonging or to the same usually enjoyed 

And the Reversion and Reversions and the Remainder and Remainders 

To hold to said Messuage or Tenement Garden and Hereditaments unto said Robert Smith his executors administrators and assigns for the full end and term of 1000 years yielding and paying yearly one peppercorn on the feast of St Michael the Archangel if demanded

Proviso that if said Joseph Smith or his heirs or assigns cause to be paid the sum of £80 with interest of 4% to said Robert Smith then Indenture to be void

In default shall be made in the payment of £80 with interest then it shall be lawful for the said Robert Smith his executors and assigns to peaceably enter and upon the said Messuage and Premises hereby demised and to receive the rents and profits for his or their own use and benefit for the remainder of the term of 1000 years which shall be then to come without let or hindrance from said Joseph Smith his heirs or assigns 

And also in default of the payment of £80 with interest said Joseph Smith promises at the request of said Robert Smith do acknowledge levy suffer and execute all other lawful and reasonable grant act or assurances in the law for the better and more perfect granting of the said Messuage or Tenement Garden and Hereditaments and Premises unto the said Robert Smith for and during all the rest and residue of the 1000 years which will then be to come and unexpired 

Signed: Joseph Smith

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