Mortgage between Briggs and Clough

Located in Book P, Mortgages, page 412

Transcribed and contributed by Barbara Craddock


This indenture made the 5th day of June in the year of our Lord one thousand eight hundred and forty between BENJAMIN BRIGGS of the Town of Athens in the County of Greene and EUNICE, his wife, of the first part and JOHN CLOUGH of the same town, of the second part whereas the said Benjamin Briggs is justly indebted to the party of the second part in the sum of six hundred dollars lawful money of the United States of America secured to be paid by his certain bond and obligation bearing even date with these presents in the penal sum of twelve hundred dollars lawful money as aforesaid conditions for the payment the first mentioned sum of six hundred dollars and the interest therein as follows:Vir. Two hundred dollars of said principal and interest on the whole sum from the date hereof on the first day of May next and the remainder of said principal in two successive equal annual installments from the first day of May next with interest annually on the first day of May on the whole sum from time to time remaining unpaid as by the said bond or obligation and the condition thereof reference being thereunto had money more fully appear. Now this indenture witnesseth that the said partner of the first part for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation with interest thereon according to the true intent and meaning thereof and also for and in consideration of the sum of one dollar to them in hand paid by the said party of the second part at or before the unsealing or delivery of these presents the receipt which is hereby acknowledged have granted, bargained, sold, assigned, released, conveyed and confirmed and by these presents do grant, bargain, sell, assign release convey and confirm unto the said party of the second part and to his heirs and assigns forever all that certain piece or parcel of land situate lying and being in the Village of Athens in the County of Greene aforesaid within a tract of land commonly called the Glebe lands and being the Southern part of lot number eight in the said Glebe lands on the Easterly side of Swan Street and fronting on the said street which said part of said lot number eight hereby intended to be conveyed is contained within the following boundary to wit: beginning at the Northwest corner of lot number seven part of the same now in the possession of the said Benjamin Briggs and on the East side of said Swan Street and running from said corner Easterly along the North line of said lot number seven, one hundred feet to a corner thence Northerly  parallel with the East line of said Swan Street twenty five feet to a corner thence Westerly parallel with the North boundary line of said lot number seven one hundred feet to Swan Street aforesaid and thence Southerly along said Swan Street twenty five feet to the place of beginning containing twenty five hundred square feet of ground. And also all that certain other piece or parcel of land situate lying and being in the Village of Athens in the County of Greene aforesaid and within a tract of land commonly called the Glebe Lands and being part of lot number seven in said tract on the Easterly side of and fronting up on what is called Swan Street and which said piece or parcel of said lot number seven hereby intending to be conveyed is contained within the following boundary to wit: beginning in the Northwest corner of said lot  number seven and on the East line of said Swan Street and running from said corner Easterly along the North line of said lot number seven, one hundred feet to a corner thence Northerly parallel with the East line of said Swan Street twenty five feet to a corner thence Westerly parallel with the North boundary line of said lot number seven one hundred feet to Swan Street aforesaid and thence Southerly along said Swan Street twenty five feet to the place of beginning containing twenty-five hundred square feet of ground. And also all that certain other piece or parcel of land situate lying and being in the Village of Athens in the County of Greene aforesaid and with a tract of land commonly called the Glebe lands and being part of lot number seven in said tract on the Easterly side of a fronting upon what is called Swan Street and which said piece or parcel of said lot number seven hereby intended to be conveyed is contained within the following boundary to wit: beginning in the Northwest corner of said lot number seven and on the East line of said Swan Street running from thence Easterly along the North line of said lot number seven , eighty feet then Southerly at right angle twenty five feet to the center of said lot number seven thence Westerly parallel with the North boundary line of said lot number seven eighty feet to Swan Street aforesaid and thence northerly along said Swan Street twenty five feet to the place of beginning containing two thousand square feet of ground together with all and singular the tenements, _____________and appurtenances thereunto belonging or in any way appertaining and the reversion and the reversions  remainder and remainders _______ and profits thereof and also all the estate right title and interest dower property possession claim and demand whatsoever as well in law as in equity of the said parties of the first part of in and to the same and every part and parcel thereof with the appurtenances to have and to hold the above granted bargained and_____________premises with the appurtances unto the said party of the second part his heirs and assigns to his and their own proper use  benefit and behoove forever. Provided always and these payments are upon this express condition that of the said parties of the first part their heir executors administrators that will and truly pay unto the said party of the second part his executor administrator or assigns the said sum of money mentioned in the condition of the law bond or obligation and the interest therein at the time and in the manner mentioned in the said condition according to the true intent and meaning thereof that then there presents and the Estate hereby granted shall____________determine and be null and void and the land  Benjamin Briggs for himself his heirs executors and administrators does covenant and agree to pay unto the said party of the second part his executors administrators or assigns the said sum of money and interest as mentioned above and expressed in the condition of the said bond and if default shall be made in the payment of the said sum of money above mentioned or the interest that may grow due thereon or of any part thereof  that then and from thence forth it shall be lawful for the said party of the second part  his executors administrators or assigns to enter unto and upon all and ____________the premises hereby granted or intended so to be and to sell and dispose of the same and all benefit and equity of redemption of the said parties of the first part their heirs executors administrators or assigns therein at public auction according to the act in such care mad and provided as the attorney of the said parties of the first part  for that purpose by their presents duly authorized constituted and appointed to make and ___________ to the purchaser or purchas_____thereof a good and sufficient deed or deeds of conveyance in the law for the same in fee simple and out of the money arrive from such sale to retain the principal and interest which shall then be one on the said bond obligation together with the costs and charges of advertisement sale of the same premises rendering the over__________of the purchase money (if any there shall be ) unto the said Benjamin Briggs of the first part  his heirs executors  administrators or assigns which sale so to be made shall forever be a perpetual for both in law and __________against said parties of the first part and their heirs and assigns and all other persons claiming or to claim the premises or any one part thereof by from or under them or any of them. In witnesseth whereof the said parties of the first part have hereunto set their hands and seals this day and year first above written.

 

Sealed and delivered in the                                                                  signed
Presence of Alonzo Greene                                                           Benjamin Briggs
Commissioner of Deeds                                                                 Eunice Briggs


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