| DRO 53/6 Box 38/25 (transcribed from copy)
This Indenture Tripartite made the seventh day of September in the
sixteenth year of the reign of our Sovereign Lord George the third by the
grace of God of Great Britain France and Ireland King Defender of the Faith
and soforth and in the year of our Lord one thousand and seven hundred and
seventy six Between Robert Clapp of Lympston in the County of Devon
Gentleman of the first part Thomas Bass of Bitton within the parish
of West Teignmouth in the said County of Devon Shipwright of the second part
and Joseph Richards of Lympston aforesaid mariner of the third part
Witnesseth that for and in consideration of the sum of five
shillings to him the said Robert Clapp in hand paid by the said
Joseph Richards and also in consideration of the sum of sixty pounds of
lawful money of Great Britain to him the said Thomas Bass in hand
also paid by the said Joseph Richards at and before the Sealing and
Delivery hereof the receipts whereof are hereby acknowledged and the receipt
for the said sum of sixty pounds is hereon endorsed The said Robert Clapp
(at the special instance and request and by and with the direction and
appointment of the said Thomas Bass testified by his being a party
hereto and expecting hereof) Hath bargained sold aliened released and
conveyed and by these presents Doth bargain sole alien release and convey
And the said Thomas Bass Hath granted bargained sold aliened released
directed limitted appointed and confirmed and by these presents Doth grant
bargain sole alien release direct limit appoint and confirm unto the said
Joseph Richards (in his actual possession now being by virtue of a
Bargain and Sale to him thereof made by the said Robert Clapp and
Thomas Bass for one whole year by Indenture bearing the date the day
next before the day of the date hereof and executed before the execution of
these presents and by force of the Statute for transferring uses into
possession) his heirs and assigns
All that Messuage and Dwelling House with the two small garden
plots thereto belonging Situate lying and being in Lympston aforesaid late
in the possession of Andrew Lock as Tenant thereof
Together with all Outhouses Edifices Buildings ways paths passages [L?]oaters
lights Easments profits priviledges Commodities Hereditaments and
appurtenances to the said Messuage or Dwelling House and premises belonging
or in any wise appertaining or accepted reputed taken known used occupied or
enjoyed to or with the same as part parcel or member thereof
And the reversion & reversions remainder and remainders rents and
services thereto and of every part thereof and all the Estate right Tithe
Interest use Trust property claim and demand whatsoever of them the said
Robert Clapp and Thomas Bass respectively of in and to the same
premises and every part thereof and also Deeds Evidences and Writings
whatsoever touching or concerning the said premises only or only any part
thereof Together with true
copies of all other Deeds Evidences and Writings which do concern the said
premises or any part thereof jointly with any other Lands or Tenements now
in the hands custody or power of the said Robert Clapp or Thomas
Bass or either of them or which they or either of them can or may come
at or by without suit in Law or Equity such copies to be written out and
transcribed at the request costs and charges of the said Joseph Richards
his Heirs or assigns
To Have and To Hold the said Messuage or Dwelling House Gardens &
premises hereby [panted?] released appointed and confirmed or intended to be
with their and every and every of their appurtenances unto the said
Joseph Richards his Heirs and Assigns for ever To the only absolute use
and behoof of the said Joseph Richards His heirs and Assigns for
evermore
And the said Robert Clapp doth hereby for himself his heirs
and Assigns covenant promise and agree to and with the said Joseph
Richards his Heirs and Assigns That he the said Robert Clapp hath
not at any time or times heretofore made done or committed any Act Matter or
Thing whatsoever whereby or wherewith or by reason means or occasion whereof
the Premises hereby granted released and appointed are is can shall or may
be anywise impeached charged or incumbered in Title Charge Estate or
otherwise howsoever
And the said Thomas Bass doth hereby for himself his Heirs
and Assigns covenant promise and agree to and with the said Joseph
Richards his Heirs and Assigns That (for and notwithstanding any Act
Matter or Thing whatsoever done committed or suffered by the said Robert
Clap and Thomas Bass or either of them to the contrary thereof)
they the said Robert Clapp and Thomas Bass now are and stand
or one of them now is and standeth lawfully and rightfully seised of a good
Estate of Inheritance in Fee Simple of and is in the said Premises hereby
granted released and appointed without any manner of condition Power of
Revocation Limitation of any Use or Uses or other Matter cause or thing to
alter change charge or determine the same And now have or hath in himself or
themselves good right full power and lawfull authority to grant release and
appoint the aforesaid Messuage or Dwelling House and Premises with the
Appurtenances unto and to the Use of the said Joseph Richards his
Heirs and Assigns for ever in manner and formaforesaid according to the true
Intent & meaning of these Presents
And Also that (for and notwithstanding any such Act Matter or
Thing done or committed as aforesaid) it shall and may be lawful to and for
the said Joseph Richards his Heirs and Assigns peaceably and quietly
to enter into have hold and enjoy the Premises hereby granted released &
appointed or intended to be with the Appurts
And to receive and take the Rents Issues and Profits thereof to
his and their own use without the let suit Trouble [Ob?]jection or Denial of
the said Thomas Bass his Heirs and Assigns or of any other Person or
Persons whomsoever lawfully claiming or to claim by from or under or In
Trust for him them any or either of them
And further that the said Messuage or Dwelling house Gardens and
[???]es hereby granted released and appointed with the Appurtenances now are
and be [.......] from time to time and at
all times hereafter shall remain continue and be free and clear of and
from all former and other Gifts Grants Bargains Sales Leases Mortgages
Jointures Uses Trusts Dowers Wills Intails Judgments Extents Executions
Burthens Charges and Incumbrances whatsoever had made done committed
occasioned or suffered or to be made done committed occasioned or suffered
by the said Thomas Bass his Heirs or Assigns or by any other Person
or Persons whomsoever lawfully claiming or to claim by from or under or in
Trust for him them or any of them or by his their or any of their Acts Means
assent Consent or Procurement
And moreover that the said Thomas Bass his Heirs and Assigns and
all other Persons having or lawfully claiming or who shall or may have or
lawfully claim the said Premises hereby granted and released and appointed
or any part thereof shall and will at any time hereafter at the request
costs and Charges of the said Joseph Richards his Heirs or Assigns
make do and execute or cause or procure to be made done and executed all and
every such further and other Conveyances and Assurances thereof unto and to
the use of the said Joseph Richards his Heirs and Assigns for ever as
by the said Joseph Richards his Heirs or Assigns or his or their
Counsel learned in the Law shall be seasonably devised or advised and
required
In Witness whereof the said Parties to these Presents their hands
and Seals have hereunto set the day and Year first above written
Robert Clapp (Indorsed)
Thomas Bass
Sealed and delivered by the within named Robert Clapp and
Thomas Bass in the presence of us
Joan Edwards
William Pannell
Received the day and year first written of and from the within
named Joseph Richards the within mentioned sum of sixty pounds being
the full consideration money within expressed to
be paid by him unto me - Witness £60
Witneses hereto
Joan Edwards
William Pannell Thomas Bass |
