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DOC6. Indenture of 26th June, 1787, between Walter Brind of Foster Lane, Cheapside, London, Goldsmith, William Hussey of Salisbury.

The indenture records the sale of the Malthouse in Westrop, Highworth, a yard of ground and an allotment of 23 perches of land. Hussey evidently already owned an adjoining piece of land for £185. Interestingly this was before the will above had been administered.

>1> This indenture made the twenty sixth day of June xnx in the twenty seventh year of the reign of our sovereign Lord George the third by
>2> the Grace of God of Great Britain, France and Ireland King Defender of the faith and so forth and in the year of
>3> our Lord one thousand seven hundred and eight seven BETWEEN Walter Brind of Foster Lane, Cheapside in
>4> the City of London Goldsmith Elder brother and heir at law of Henry Brind formerly of Foster Lane aforesaid silversmith but late of Highworth in the County
>5> of Wilts Gentleman who died intestate and Ann Brind wife of him the said Walter Brind of the one part and William Hussey of Salisbury in the said County of
>6> Wilts Esquire of the other part WHEREAS the said William Hussey hath covenanted and agreed with the said Walter Brind for the absolute purchase of the fee
>7> simple and inheritance in possession of the messuage or tenement malthouse allotment of land hereditaments and premises herein after particularly mentioned and
>8> intended to be hereby granted and released with their and every of their rights members and appurtenances at of for the price or sum of one hundred and eighty five
>9> pounds FROM THIS INDENTURE WITNESSETH that in pursuance of the said written agreement and for and in consideration of the sum of one hundred
>10> and eighty five pounds of lawful money of Great Britain to the said Walter Brind in hand well and truly paid by the said William Hussey at or before the sealing and
>11> delivery of these presents the receipt of which said sum of one hundred and eighty five pounds (being in full for the absolute purchase of the fee simple and inheritance
>12> in possession of and in the said messuage or tenement malthouse allotment of land hereditaments and premises herein after granted released and conveyed or intended
>13> so to be with their appurtenances) he the said Walter Brind doth hereby acknowledge and thereof and of and from every part and parcel thereof doth absolutely acquit release
>14> and for ever discharge the said William Hussey his heirs executors administrators and assigns and every of them by these presents. They the said Walter Brind and Ann his wife
>15> HAVE and each of them HATH granted bargained sold aliened released and confirmed and by these presents DO and each of them DOTH grant bargain sell alien
>16> release and confirm unto the said William Hussey in his actual possession now being by virtue of a bargain and sale to him made thereof by the said Walter Brind and
>17> Ann his wife in consideration of five shillings each by indenture bearing oath the day next before the day of the date of these presents for the term of one whole year commencing
>18> from the day next before the day of the date of the same indenture of bargain and sale and by force of the statute made for transferring of uses into possession) and to
>19> his heirs. ALL THAT messuage or tenement with the malthouse and other houses thereunto belonging situate lying and being in Westrop in the parish of Highworth
>20> aforesaid in the said County of Wilts Together with the backside and garden ground thereunto adjoining and belonging containing by estimation one yard of ground
>21> be the same (more or less) late in the occupation of Wameford widow and her under tenants suice of Richard Saunders and his under tenants and late of Walter
>22> Edwards. AND ALSO ALL THAT allotment piece or parcel of land containing by admeasurement twenty three perches situate lying and being in Westrop aforesaid
>23> bounded on the east by the said messuage or tenement hereby granted and released or expressed or intended so to be, on the south by a garden in westrop aforesaid belonging
>24> to the said William Hussey and on the west and north by an allotment of land belonging to the said William Hussey-- which said allotment piece or parcel of land was
>25> late in the occupation of this said Richard Saunders and suice of the said Walter Edwards and allotted and awarded to the said Walter Brind under the Act of Parliament
>26> lately made and passed entitled "An Act for dividing and enclosing certain open and common fields common meadows common pastures and other commonable and waste
>27> lands within the parish of Highworth in the County of Wilts" and in lieu of certain other lands late of him the said Walter Brind lying and being in Westrop aforesaid. And also
>28> All other the messuage lands tenements and hereditaments whatsoever of him the said Walter Brind situate lying and being in Westrop in the parish of Highworth aforesaid
>29> and also all houses out houses barns stables buildings courts yards gardens outlets orchards trees mounds ways fences waters watercourses easements commodities
>30> advantages emoluments hereditaments and appurtenances whatsoever to the said messuage or tenement malthouse allotment of land hereditament and premises hereby
>31> granted and released or expressed or intended so to be or any part thereof belonging or in any wise appertaining or accepted reputed taken or known as part parcel or member thereof
>32> or of any part thereof and the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof and of every part and parcel thereof
>33> and all the estate right tithe interest use trust benefit property claim and demand whatsoever both at law and in equity of them the said Walter Brind and Ann his
>34> wife or either of them of into or out of the same premises and every or any part thereof quid also all deeds evidences and writings touching or in any wise concerning the said
>35> premises or any part thereof which he the said Walter Brind now hath in his custody or power or which he can come by without suit in law or equity TO HAVE AND TO
>36> HOLD the said messuage or tenement malthouse allotment of land hereditaments and all and singular other the premises hereby granted and released or expressed or
>37> intended so to be with the appurtenances there unto belonging unto the said William Hussey his heirs and assigns TO THE ONLY PROPER USE AND BEHOOF of the said William
>38> Hussey his heirs and assigns for ever and to and for no other use intent or purpose whatsoever AND the said Walter Brind for himself his heirs executors and administrators
>39> and every of them doth covenant promise and agree to and with the said William Hussey his heirs and assigns by these presents in manner and form following that is to say
>40> that the said Walter Brind at the time of the sealing and delivery of these presents is and standeth lawfully and rightfully seized of and in the said messuage or
>41> tenement malthouse allotment of land hereditaments and premises hereby granted and released or expressed or intended so to be with the appurtenances of a good sure
>42> perfect absolute and indefeasible estate of inheritance in fee simple without any manner of condition contingent proviso or power of revocation limitation of any new or other
>43> use or uses or any other restraint matter or thing whatsoever to defeat alter change charge or determine the same AND ALSO that he the Walter Brind now hath in
>44> himself good right full power and lawful and absolute authority to grant bargain sell release and confirm all and singular the said messuage or tenement malthouse land
>45> hereditaments and premises hereby granted and released or expressed or intended so to be with their and every of their rights members and appurtenances unto and to the use
>46> of the said William Hussey his heirs and assigns as aforesaid and according to the true intent and meaning of these presents AND FURTHER that he the said
>47> William Hussey his heirs and assigns shall and lawfully may at all times for ever hereafter peaceably and quietly enter unto have hold possess and enjoy the said messuage or
>48> tenement malthouse and hereditaments and premises hereby granted and released or expressed or intended so to be and every part and parcel thereof with their and
>49> every of their rights members and appurtenances and receive and take the rents issues and profits thereof to his and their own proper use and benefit without the let suit
>50> hindrance interruption or denial of him the said Walter Brind his heirs or assigns or of any other person or persons whomsoever and that free and clear and freely and
>51> clearly acquitted exonerated and discharged or otherwise by the said Walter Brind his heirs executors or administrators some or one of them from time to time and at all
>52> times hereafter well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargains sales
>53> leases mortgages surrenders zouitures (suitors?) dower, particularly the dower and thirds of the said Ann the wife of him the said Walter Brind, uses trusts wills entails statutes
>54> judgments recognisances extents executions forfeitures, seizures escheats rents arrears of rent annuities vagaries debts sums of money and of from and against all and
>55> singular other estates titles trusts charges and encumbrances whatsoever had made done committed occasioned or suffered or to be had made done committed occasioned
>56> or suffered by the said Walter Brind his heirs or assigns or by any other person or persons whomsoever AND MOREOVER that he the said Walter Brind
>57> his heirs and assigns and all and every other person and persons having or lawfully claiming or who shall or may hereafter have or lawfully claim any estate right
>58> title use trust or interest of unto or out of the said messuage or tenement malthouse land hereditaments and premises hereby granted and released or expressed or
>59> intended so to be or any of them or any part or parcel thereof shall and will from time to time and at all times hereafter at and upon the reasonable request and proper
>60> costs and charges in the law of the said William Hussey his heirs and assigns make do acknowledge levy suffer and execute or cause and procure to be made done
>61> acknowledged levied suffered and executed all and every such further and other lawful and reasonable act and acts deed and deeds devices conveyances and
>62> assurances in the law whatsoever for the further better more perfect and absolute granting conveying assuring the said messuage or tenement malthouse land
>63> hereditaments and premises hereby granted and released or intended so to be and every of them and every part thereof with their and every of their rights members and
>64> appurtenances unto and to the use of the said William Hussey his heirs and assigns be the same by fee or fees Common Recovery or Common Recoveries or any other
>65> matter of record or otherwise however as by the said William Hussey his heirs or assigns or his or their counsel learned in the law shall be lawfully and reasonably
>66> devised or advised and required so as such further assurances maintain in them no further or other covenant or warranty than against the person or persons who shall be
>67> required to make and execute the same and against his or their own heirs arts and deeds respectively and so as now of them be compelled or compellable to have or go
>68> from the usual place of his or their respective habitation or abode for the doing thereof. IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals
>69> the day and year first above written.
Walter Brind
Anne Brind